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Home My WebLink AboutAppeal of Joint Decision of Planning and Building Director a (18) City ®f Huntington Beach 2000 MAIN STREET CALIFORNIA 92648 DEPARTMENT OF PLANNING AND BUILDING www huntington beach ca gov Planning Division Building Division 714.536 5271 NOTICE OF ACTION 714.536.5241 November 3, 2015 HBCG Cooperative, Inc by way of Daniel G Richmond c/o Cristian L 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 17416 BEACH BLVD. (PLANNING APPLICATION NO. 2015-145) APPELLANT/ APPLICANT: HBCG Cooperative, Inc by way of Daniel G Richmond, c/o Cristian L Peirano, Peirano and Associates, Inc PROPERTY OWNER: Phan Property Management, 1209 E 7th Street, Long Beach, CA 90813 REQUEST: Appeal of Joint Decision of Planning and Building Director and Finance Director to Deny Zoning Approval, Business License and Certificate of Occupancy for Medical Marijuana Dispensary at 17416 Beach Blvd. (Planning Application No. 2015-145) LOCATION. 17416 Beach Blvd , 92647 (east side of Beach Blvd , approximately 350 feet north of Slater Avenue) DATE OF ACTION: November 2, 2015 On Monday, November 2, 2015, the Huntington Beach City Council took action on your appeal, and your appeal was denied with findings Attached to this letter are the findings for denial If you have any questions regarding this Notice of Action letter or the processing of your application, please contact Jane James, the project planner, at (714) 536-5596 or via email at lames .surfcity-hb orq, or the Planning and Building Department at (714) 536-5271 Smce, ely, � r Sao* b P Director of Planning and Building Draft CC NOA 2015 14517416 Beach doc Notice of Action PA 15-145 November 3,2015 Page 2 SH JJ kdc Attachment Findings For Denial— PA 2015-145 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 Phan Property Management, Property Owner Cristian Peirano, 1666 North Main Street, Suite 350, Santa Ana, CA 92701 Project File Draft CC NOA 2016 145 17416 Beach doe ATTACHMENT NO. 1 FINDINGS FOR DENIAL PLANNING APPLICATION NO. 2015-145 FINDINGS FOR DENIAL -PLANNING APPLICATION NO. 2015-145 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 manluana 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 Budding 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 Budding 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 Budding Director, subject to appeals to the Planning Commission and the City Council 1 Draft CC NOA 2015 145 17416 Beach doc The correct fees were collected for the appeals to the Planning Commission and the City Council 7 Applicant's proposed medical marijuana dispensary is located in the "Neighborhood Boulevard Segment" of Beach and Edinger Corridors Specific Plan ("BECSP"), and not the Commercial Zone of the City Consequently, whether marijuana dispensaries are a permitted use in the Commercial Zone is irrelevant the Applicant's applications 8 Even if the dispensary was located in the Commercial Zone, it is not a permitted use HBZSO Section 211 04 lists all the permitted and conditionally permitted uses in the Commercial Zone, and medical marijuana dispensaries are not listed as a permitted or conditionally permitted use Further, dispensaries are not comparable to any of the categories of "Retail Sales," as identified at HBZSO Section 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 Boulevard Segment" of the BECSP (BECSP Section 2 2 1 ), a marijuana dispensary is still is not a permitted use 10 Medical marijuana dispensaries are not listed as a permitted use in the Neighborhood Boulevard Segment of the BECSP, and consequently, are presumptively prohibited To distinguish between permitted and prohibited uses, BESCP Section 2 2 states "Proposed uses that are not explicitly listed in the use charts may be permitted if it is determined by the planning director that the proposed uses meet the purpose and intent of the plan " The Council affirms the conclusion of the Planning and 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 2015-145 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 Boulevard Segment of the BECSP 14 Zoning Approval of Planning Application No 2015-145 is denied because medical marijuana dispensaries are a prohibited use within the City of Huntington Beach pursuant to Ordinance 2 Draft CC NOA 2015 145 17416 Beach doc No 3788, and HI3ZSO Section 204 18, and dispensaries are not a permitted use in the IG Zone 15 Planning Application No 2015-145 (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 2015 145 17416 Beach doe 'SUPPLEMENTAL COMMUNICATION Meeting Date: //— 3. — ZQI Agenda Item No. Z �3 CITE' OF HUNTINGTON BEACH Interdepartmental Communication TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM• MICHAEL E GATES, City Attorney DATE: November 2, 2015 SUBJECT: AGENDA ITEMS 10, 11, 12 AND 13 REGARDING APPEALS CONCERNING MEDICAL MARIJUANA DISPENSARIES AT: #10 - 17511 Griffin Lane, #6 (Planning Application No. 2015-137), #11 - 19142 Beach Blvd., Suite Y (Planning Application No. 2015-146); #12 - 17416 Beach Boulevard(Planning Application No. 2015-147); and #13 - 17416 Beach Boulevard(Planning Application No. 2015-145) There are four appeals related to medical marijuana dispensaries scheduled for public hearings before the City Council on November 2, 2015. The Request for Council Action for Public Hearing Items No 10, 11, 12, and 13 in the November 2, 2015 City Council Agenda require corrections Each of the four items had separate public hearings before the Planning Commission and the record should reflect that there were slight variations in each of the hearings. Item 10 (Planning Application No. 2015-137) Page 3 Section C. Planning Commission Meeting and Recommendation—the second paragraph should be replaced in its entirety with: "Two people spoke during the public hearing. Both speakers stated their opposition to the Director's decision and to the proceedings themselves One speaker, Sean Bozarth, an attorney representing the applicant, stated he thought they were appealing denial of the business license, not the Planning and Building Director's decision regarding denial of zoning for the land use. The applicant's attorney also stated that the medical marijuana use was a retail sales use and should be permitted in the IG, Industrial General zone." The description of Planning Commission Action on August 25, 2015 should state that the motion was made by Kalmick and seconded by Mandic Item 11 (Planning Application No. 2015-146): Page 3 Section C. Planning Commission Meeting and Recommendation—the second paragraph should be revised to reflect the name of the public speaker as Sean Bozarth 1 128007 doc Item 12 (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 bv Semeta. Item_,O(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 &ty Attorney cc Fred Wilson, City Manager Joan Flynn, City Clerk Scott Hess, Director of Planning and Building 2 128007 doc Dept ID PL 15-022 Page 1 of 8 Meeting Date 11/2/2015 ,y3 •9�ic�v�� dy olc�°� m•'� w,r*- r-7AJ4•-V, CITY OF HUNTINGTON BEACH „ REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 11/2/2015 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A Wilson, City Manager PREPARED BY: Scott Hess, AICP, Director of Planning and Building, Michael Gates, City Attorney, and Lori Ann Farrell, Director of Finance SUBJECT: Appeal Of Joint Decision Of Building And Planning Director And Finance Director Denying Business License And Certificate Of Occupancy For Medical Marijuana Dispensary At 17416 Beach Boulevard Because Dispensaries Are A Prohibited Land Use (Planning Application No 2015-145) Statement of Issue On or about June 4, 2015, Huntington Beach Care Givers, Inc , and Daniel Richmond, President/Sole Owner (collectively "Applicant") submitted applications for a business license and a certificate of occupancy to operate a medical marijuana dispensary in the "Neighborhood Boulevard Segment" of the Beach and Edinger Corridors Specific Plan ("BECSP"), at 17416 Beach Boulevard I No new business may open without a business license and a certificate of occupancy (HBMC Sections 5 08 010 and 17 04 036 ) Further, no business license or certificate of occupancy may be issued without establishing that the use is permitted under the Huntington Beach Zoning and Subdivision Ordinance ("HBZSO") (HBMC Section 5 08 360, HBZSO Section 240 02 ) Consequently, the Director of Planning and Building and the Finance Directorjointly considered and denied the applications on the basis that dispensaries are not a permitted land]use pursuant to City Ordinance No 3788 and HBZSO Section 204 18 Applicant appealed the denial, which Staff directed to the Planning Commission as a request to obtain zoning approval because no business license or certificate of occupancy may be issued without zoning approval, and only the Planning Commission may review the Planning and Building Director's determination that a proposed use is prohibited (HBZSO Section 264 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 i Financial Impact Not applicable i Recommended Action Planning Commission and Staff Recommendation I 1 127820 xB -927- Item 13. - 1 1 Dept ID PL 15-022 Page 2 of 8 Meeting Date 11/2/2015 1 Deny Applications for Business License and Certificate of Occupancy (Appeal of Directors' Decision) with Findings for Denial (Attachment No� 1); and 2 Deny Planning Application No 2015-145 Alternative Action(s) I The City Council may make the following alternative motion Continue Planning Application No 2015-145 (Appeal of Director's Decision) and direct staff accordingly Analysis' A Protect Proposal Applicant/Appellant Huntington Beach Care Givers, Inc , and Daniel Richmond, President/Sole Owner and to the Attention of Cristian L Peirano, Peirano and Associates, Inc , 1666 North Main Street, Suite 350, Santa Ana, CA 92701 , Property Owner Phan Property Management, 1209 E 7th Street, Long Beal h, CA 90813 Location 17416 Beach Blvd , 92647 (east side of Beach, 350 feet north of Slater) Planning Application No 2015-145 (Appeal of Director's Decision) represents a request to obtain zoning approval to establish a medical marijuana dispensary at 17416 Beach Blvd B Background, I', Applicant began operating a medical marijuana dispensary at 17416 Beach Boulevard on October 13, 2014 (the "Dispensary") Prior to opening, Applicant did not seek zoning approval, a certificate of occupancy, or a business license to open and operate the Dispensary (Not until June 4, 2015, did Applicant submit business license and certificate of occupancy applications to operate a medical marijuana dispensary at the subject site (Attachment No 4 ) On September 11, 2014, the City filed suit against the Applicant in City of Huntington Beach v Richmond, Case No 30-2014-00745511 On April 15, 2015, the Court granted the City's motion for a preliminary injunction, which closed the Dispensary pending trial Trial begins November 28, 2016 Prior to June 2015, the City refused to accept business licenses applications from medical marijuana dispensaries because they were banned under the HBZSO pursuant to City Ordinance No 3788 However, on May 29, 2015, the Court ordered the City to I"accept and consider" Applicant's business license application The Court did not order the City to approve the business license Rather, the Court expressly stated that the City Codes provide the "Finance Director and the Planning and Building Department with the discretion to grant or deny a business license, and expressly prohibit them from issuing a license in certain situations," including under HBMC Section 5 08.360, which states that no business license "shall be issued to any per ion failing to present all appropriate zoning permits " f Following the Court Order, the City accepted applications for a business licenses and certificate of occupancy from Applicant on June 4, 2015 (Attachment No 3 of Planning Commission staff report) 2 127820 Item 13. - 2 HB -928- Dept ID PL 15-022 Page 3 of 8 I Meeting Date 11/2/2015 i By letter, dated June 26, 2015, the Director of Finance and the Director of Planning and Building denied issuance to the Applicant of a business license and certificate 'of occupancy because medical marijuana dispensaries are a prohibited use within the City (Attachment No 3 of Planning Commission staff report) Applicant appealed the Directors' decision to the Planning Commission on July 6, 2015 (Attachment No 4 of Planning Commission staff report) C Planning Commission Meeting and Recommendation, On August 25, 2015, the Planning Commission heard Applicant's appeal. Because the City Attorney is presently suing the Applicant on behalf of the City, the City retained attorney Matthew Silver to advise the Commission during the public hearing (Mr Silver will similarly advise the City Council ) I One person spoke during the public hearing and stated his opposition to the Director's decision and to the proceedings themselves The speaker, Cristian Peirano, Applicant's attorney, stated he thought they were appealing the denial of the business license, not the Planning and Building Director's decision denying zoning approval for the land use Mr Peirano also stated that the medical marijuana use was a permitted use under City zoning Planning Commission Action on August 25, 2015 The motion by Kalmick, seconded by Brenden, to deny Planning Application No 2015-145 (Appeal of Director's Decision) with findings for denial (Attachment No 3) carried by the following vote AYES Crowe, Semeta, Pinchiff, Kalmick, Mandic, Brenden, Hoskinson NOES None ABSENT None ABSTAIN None Motion Passed D Appeal The Planning Commission appeal period expired on September 4, 20151 However, the Court ordered the City to extend the appeal for a one-week period, until September 11, 2015 Applicant filed an appeal of the Planning Commission's denial on September 11, 2015, (Attachment No 2) Applicant's appeal raises multiple claims, including that (1) the Appeal is,�for denial of business license (not for denial of zoning approval), 2) the Planning Commission should not have heard the appeal, and HBZSO Section 204 18 prohibiting marijuana dispensaries is invalid E Staff Analysis And Recommendation Applicant's appeal raises separate, but overlapping issues regarding the decisions of the Finance Director and the Planning and Building Director I Finance Director 3 127820 HB -929- Item 13. - 3 I' Dept ID PL 15-022 Page 4 of 6 Meeting Date 11/2/2015 1 The City Council Should Reiect Applicant's Claim That HBZSO Section 204.18 Is Invalid The June 26, 2015 Planning/Finance letter notes that HBMC Sectionsll 5.04 050 and 5 08 360 prohibit issuing a business license to any person failing to present all zoning approvals. It concludes that because HBZSO Section 204 18 prohibits marijuana dispensaries, the business license application is denied I Effective June 17, 2015, Section 204 18 expressly prohibits any and all cultivation or distribution of marijuana throughout the City Section 204.18 repeats and broadens Ordinance No 3788, adopted in 2007, which prohibits medical marijuana dispensaries in all zones and specific plans throughout the City 1, Applicant contends that Section 204 18 is invalid because Ordinance No.14059, 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 appliesito "interim ordinances," not regularly enacted ordinances like City Ordinance No 4058 adding HBZSO Section 204 18 Section 204 18 was adopted pursuant to Ordinance No 4058, and consequently, stands alone from interim Ordinance No 4059 The validity of Ordinance No 4058 and Section 204.18 is unassailable because the California Supreme Court approved of dispensary bans in City of Riverside v Inland'Empire Patients Health and Wellness Center, Inc (2013) 56 Cal 4th 729, 752 Moreover, under the same case, Ordinance No 3788 which banned dispensaries in 2007 is equally effective. 2 ,Applicant Was Not Wrongfully Denied An Opportunity To Apply For A Business License Applicant claims that before opening the Dispensary on Beach Boulevard, it attempted to apply for a business license but the City denied it However, Applicant had a remedy for the City's action, seeking a Court order requiring the City to accept the application Plaintiff did obtain such an order on May 29, 2015, and the City subsequently accepted the application and denied it on the merits Howev4, Applicant was never justified in unilaterally opening in October 2014 without zoning approval, a�business license or a certificate of occupancy Such "self-help" is never an option in place of judicial relief 3 Applicant's Appeal Was Correctly Processed Through The Planning Commission, Because At Issue Is Whether The Dispensary Is A Permitted Land Use Applicant objects to the fact that its appeal went first to the Planning Commission, contending instead that the business license appeal should have gone directly to the City;Council In this situation, the appeal correctly was directed to the Planning Commission because the Finance Director denied the application pursuant to HBMC Section 5 08 360 which provides that no business license may be issued to "any person failing to present all appropriate zoning permits Because the Finance Director relied upon the Planning and Building Director's conclusion that the dispensary was a prohibited land use, the Planning Director's decision was appealable first to the Planning Commission Applicant raises this claim at page 1 of its appeal and discusses it in detail atlpages 3-5 4 127820 Item 11 - 4 HB -9-30- Dept ID PL 15-022 Page 5 of 8 Meeting Date 11/2/2015 Moreover, Applicant was not prejudiced by the Planning Commission hearing. Applicant wanted a hearing before the City Council, and now it has one I II Planning and Building Director 1 The Planninq Director's Decision Denying issuance Of The Certificate Of Occupancy Was Correct Although Applicant submitted a certificate of occupancy application, it objects to the fact that the Planning and Building Director denied it However, no new business may open without a certificate of occupancy and no certificate of occupancy may be issued without establishing that it is a permitted land use (HBMC Section 17 04 036, HBZSO Section 240 02) Consequently, once the Director of Planning and Building denied Applicant zoning approval because the Dispensary is an illegal land use, he was obliged to deny the certificate of occupancy 2 The Planning Commission Correctly Heard The Appeal Of The Denial Of The Business License And Certificate Of Occupancy Only if Applicant obtained zoning approval could it then obtain a business license and certificate of occupancy (HBMC Section 5 08 360, HBZSO 240 02 ) And zoning approvals are decisions made by the Director of Planning and Building, subject to Planning Commission and ultimately City Council review Consequently, the fact that Applicant would have preferred to avoid the Planning Commission is irrelevant where the decision turns on the zoning status of the Dispensary Although the Applicant argues its business license appeal should have gone directly to the City Council, Applicant has not been harmed by the Planning Commission hearing Regardless of the Planning Commission hearing, Applicant still will receive a City Council hearing 1 3 The City Council Should Reiect The Claim That The Plannind And Building Director Misappropriated The Appeal Fees Applicant asks the City Council to order a refund of the $3,383 appeal fee it paid for the City Council appeal Applicant's justification for the refund is unclear The City charged the development fees set by Council Resolution As explained above, neither a business license nor a certificate of occupancy may be approved under the City Codes without zoning approval Once the Planning and Building Director and the Finance Director jointly denied the Dispensary zoning approval, Applicant's only option was to appeal to the Planning Commission, and then the City Council The City charged the standard fees for both appeals Consequently, Applicant's claim that the Planning and Building Director"misappropriated" fees is meritless 1i 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 Ini November 2007, the City Council adopted Ordinance No 3788, which amended the HBZSO to specifically repeal the 5 127820 HB _931_ Item 13. - 5 i Dept ID PL 15-022 Page 6 of 8 Meeting Date 11/2/2015 authorization of dispensaries in the Industrial Zone By repealing the singular authorization of dispensaries in the Industrial Zone, the result was to prohibit them throughout the City Ordinance No 3788 was adopted in response to a U S Supreme Court decision and several subsequent Federal Court decisions establishing that marijuana remains an illegal drug regardless of California's authorization of marijuana, In fact, the City broadened the prohibition effective, June 17, 2015, through the adoption of Ordinance No. 4058, adding HBZSO Section 204 18 Section 204 18 prohibits marijuana from being "sold, traded, exchanged, bartered for in any way, made available, located, stored, displayed, placed or cultivated, including any of the foregoing if used in conjunction with the distribution of marijuana 2 Medical 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 permitted within the use classification The Director shall exclude the use ''if its characteristics are substantially different than those typical of uses named within the classification " (HBZSO Section 204 02 ) (Attachment No 7 ) Applicant claims that dispensaries share the same characteristics as "Retail Sales," a permitted use in the Commercial Zone Section 204 104 defines "Retail Sales" as follows "Retail Sales The retail sale of merchandise not specifically listed under another use classification This classification includes department stores, drug stores, clothing stores, and furniture stores, and businesses retailing the following goods toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies, medical supplies and equipment, electronic equipment, records, sporting goods, surfing boards and equipment, kitchen utensils; hardware, appliances, antiques, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive parts and accessories (excluding service and installation) " Applicant contends that this definition authorizing the sale of merchandise' "not specifically listed under another classification" authorizes the sale of anything at all, be it medical marijuana or any other illegal substance This is patently wrong, because by listing numerous types of merchandise as expressly permitted, all other uses are prohibited 127820 6 Item 13. - 6 xB -932- I Dept ID PL 15-022 Page 7 of 8 Meeting Date 11/2/2015 The City Zoning Code is structured such that all uses are prohibited unless specifically permitted In a recent medical marijuana case, the Court explained that a zoning code identifying permitted uses would be "pointless" without the "corollary that unlisted commercial uses that cannot reasonably be included in any listed use classification are not permitted " (City of Monterey v Carmshimba (2013) 215 Cal App 4th 1068, 1093-94 ) Finally, Applicant claims that medical marijuana dispensaries are permitted in the BECSP because they are"convenience uses" which the BECSP permits The Dispensary is located in the "Neighborhood Boulevard Segment" of the BECSP which permits "convenience uses" including "small scale pharmacies" (BECSP Section 2 2 7 ) However, a marijuana dispensary is still is not a permitted use First, medical marijuana dispensaries are not listed as a permitted use in the Neighborhood Boulevard Segment of the BECSP, and consequently, are presumptively prohibited To distinguish between permitted and prohibited uses, BESCP Section 2 2 states "Proposed uses that are not explicitly listed in the use charts may be permitted if it is determined by the planning director that the proposed uses meet the purpose and intent of the plan " However, the Planning and Building Director has already determined that dispensaries do not meet the purpose or intent of the BESCP Second, dispensaries are not a drug store or medical supply house As the City of Monterey decision held, pharmacies are licensed by the State Board of Pharmacy, in order to provide controlled substances, dangerous drugs, or dangerous devices by physician prescription A prescription includes the name of the prescriber, the name of the patient, the name and quantity of the drug or device prescribed, and the date of issuance of the order , Medical marijuana is distributed to qualified patients and qualified caregivers through a cooperative, pursuant only to a written or oral recommendation of a physician, which is nothing like a medical prescription because there is no date or quantity (215 Cal App 4th at 1093 ) To the contrary, marijuana is in a class by itself It is illegal under Federal!law Further, it is like several other activities the City has singled out in the Municipal Code for special treatment because of their secondary effects on their neighbors, such as Chapter 5 24 Massage Establishments, Chapter 5 44 Entertainment Permits, and Chapter 5 70 Sex Oriented Businesses Consequently, the fact the City has not expressly permitted marijuana dispensaries establishes that they are not a permitted use in the Zoning Code and BECSP In summary, medical marijuana dispensaries have been a prohibited use within Huntington Beach since the City adopted Ordinance No 3788 in 2007 Recently, in order to clarify and broaden this longstanding prohibition, the City enacted HBZSO Section 204 18 in May 2015 This zoning amendment expressly articulates that medical marijuana dispensaries are a prohibited use everywhere in the City, including all zoning districts and all specific plan areas Therefore, Staff recommends that the City Council deny Planning Application No 2015-145, 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 127820 HB -933- Item 13. - 7 P Dept ID PL 15-022 Page 8 of 8 Meeting Date 11/=015 Attachment(s): 1 Findings for Denial— Planning Application No 2015-145 (Appeal of Director's Decision) 2 Appeal from Applicant, Huntington Beach Care Givers, Inc , c/o Crnstian 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, Clty 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 7 and 2 2 of the Beach and Edinger Condors Specific Plan �4 Notice of Filing Status Letter from City of Huntington Beach to Appellant dated October 23, 2015 8 127820 Item 13. - 8 xB -934- A TAt' HM 1 ATTACHMENT NO. 1 FINDINGS FOR DENIAL PLANNING APPLICATION NO. 2015-145 FINDINGS FOR DENIAL - PLANNING APPLICATION NO. 2015-145 1 Medical marijuana dispensaries have been a prohibited use within the City since the City adopted Ordinance No 3788 in November 2007 Since then, Huntington Beach Zoning and Subdivision Ordinance (HBZSO) Section 204 18, Prohibited Uses, went into effect in June 2015 and expressly articulates that medical marijuana dispensaries are not a permitted use anywhere within the City including all zoning districts and all specific plan areas 2 HBZSO Section 204 18 is valid regardless of Applicant's claim that Ordinance No 4059, a 45-day interim ordinance, is invalid because it violates Government Code Section 65858 Section 20418 was adopted pursuant to regularly adopted Ordinance No 4058, and consequently, stands alone from interim Ordinance No 4059 The validity of Section 204 18 is unassailable because the California Supreme Court approved of dispensary bans in City of Riverside v Inland Empire Patients Health and Wellness Center, Inc (2013) 56 Cal 4th 729, 752 3 Applicant was not wrongfully denied an opportunity to apply for a business license Applicant's business license application was received on June 16, 2015; and denied on June 26, 2015 The denial was subsequently appealed to the Planning Commission and City Council 4 Applicant's business license appeal correctly was directed to the Planning Commission because the Finance Director denied the application pursuant to HBMC Section 5 08 360 which provides that no business license may be issued to "any person fading to present all appropriate zoning permits " Because the Finance Director relied upon the Planning and Building Director's conclusion that the dispensary was a prohibited land use, the Planning Director's decision was appealable first to the Planning Commission Moreover, Applicant was not prejudiced in any way by the hearing before the Planning Commission Applicant wanted a hearing before the City Council, and received one 5 The Planning and Building Director correctly considered whether Applicant should be granted a certificate of occupancy although Applicant contends the City only should have acted on its business license application No new business may open without a certificate of occupancy and no certificate of occupancy may be issued without establishing that land use is a permitted use under the HBZSO (HBMC Section 17 04 036, HBZSO Section 240 02 ) Because Applicant could not operate without a certificate of occupancy, Staff correctly determined whether a certificate of occupancy could be issued concurrently with determining whether the dispensary was a permitted use 6 The Planning and Building Director did not misappropriate the appeal .fees Neither the business license nor the certificate of occupancy applications could be granted without 1 119012 doc HB -935- Item 13. - 9 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 204104 HBZSO Section 212 04 states that "use classifications that are not listed are prohibited " Consequently, dispensaries are a prohibited use in the Commercial Zone 9 Although "convenience uses" which include "small scale pharmacies" are permitted in the "Neighborhood Boulevard Segment" of the BECSP (BECSP Section 2 2 1 ), a marijuana dispensary is still is not a permitted use 10 Medical marijuana dispensaries are not listed as a permitted use in the Neighborhood Boulevard Segment of the BECSP, and consequently, are presumptively prohibited To distinguish between permitted and prohibited uses, BESCP Section 2 2 states "Proposed uses that are not explicitly listed in the use charts may be permitted if it is determined by the planning director that the proposed uses meet the purpose and intent of the plan " The Council affirms the conclusion of the Planning and Building Director that Aspensanes 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 Mays 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 2015-145 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 Boulevard Segment of the BECSP 2 119012 doc Item 13. - 10 xB -936- 14 Zoning Approval of Planning Application No 2015-145 is denied because medical marijuana dispensaries are a prohibited use within the City of Huntington Beach pursuant to Ordinance No 3788, and HBZSO Section 204 18, and dispensaries are not a permitted use in the IG Zone 15 Planning Application No 2015-145 (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 119012 doc HB -937- Item 13. - 11 RECEIVED SP 2015 1 JOINT NOTICE OF APPEAL OF RECEIVE ALL ISMS 7UMCTY'S JOINTLY SIGNED LETTER DATED JUNIIN6,�1� ( Phi 2 CITY LER1 CITY OF 3 *�Ut�Tih�G O1'd $E TO- CITY OF HUNTINGTON BEACH CITY CLERK& CITY COUNCIL 4 FROM: APPLICANTS,HBCG Cooperative, Inc. and Daniel G Richmond Company 5 President/CEO C/O &to the Attention of Cristian L Peirano, Esq. of'Peirano &Associates, Inc 6 1666 North Main Street, Suite 350 Santa Ana, CA 92701 7 Date- September 11, 2015 8 RE. Appeal of City of Huntington Beach,Finance Director,Lori Ann Farrell & 9 Director of Planning& Building, Scott Hess's denial of business license application certificate of occupancy to operate medical marijuana dispensary 10 rendered on June 26,2015 and Mailed Successfully on July 7,2015. 11 Pursuant to the Honorable Judge, Andrew P. Bank's court order dated'September 3, 2015, the — 12 City Council is ordered to hear Daniel G Richmond's and HBCG's appeal of'the Finance Director's 13 denial HBCG's and Daniel G Richmond's business license application and the Planning & Building 14 Director's June 26, 2015 letter of denial. 15 16 Accordingly, Daniel G Richmond for himself and on behalf of HBCG Cooperative, Inc 17 respectfully demands on behalf of HBCG,by way of this appeal, that the City of Huntington Beach 18 issue HBCG Cooperative, Inc (hereinafter joint referred to as"Applicant") a business license along with 19 all applicable permits in order to operate a medical marijuana dispensary at the location commonly 20 known as- 17416 Beach Blvd, Huntington Beach, CA 92647 for the following reasons: 21 Appellate demands pertaining to Finance Director,Lori Ann Farrell's decision: 22 ISSUE NO. 1: The City of Huntington Beach's denial of business license application based o 23 24 HBZSO section 204 18 is not valid as the underlying Ordinance No. 4059 used to pass 2014 18 is void 25 as a matter of law pursuant to California Government Code section 65858(e) as it duplicated the City' 26 Ordinance No 3700 27 ISSUE NO. 2: HBCG, P prior to operating, attempted to apply for business license, but was 28 wrongfully denied its due process rights to submit its business license application because of the City' -1- Item 13. - 12 JOINT HB -938- APPEAL OF l AT T TCCTTFC R ATCFI)TN THE CTT'Y'S JOINTLY SIGNED LETTER DATED JUKE 26,2015 I mistaken belief that its municipal code sections prohibited medical marijuana dispensaries from 2 operating in the zone where HBCG operated out of 3 ISSUE NO. 3: The City's notice of denial with instructions for appeal of Finance Directors' 4 decision was defective in that HBMC section 5 08 310 clearly states that an applicant aggrieved by an 5 decision of the Finance Director 5.04 through 5.16 may file an appeal with the City Clerk within 15 day 6 7 of the date of mailing and that such appeals be filed with the City Clerk and not the Director of Building 8 and Planning as incorrectly being tasked with the appeal. The notice of decision, however, states that the 9 appeal will be filed with the Director of Planning and Building and that Applicant has only 10 days i 10 which to do so and according to the telephonic confirmation no submission is allowed by mail when al 11 others are allowed to do so. 12 Appellate demands pertaining to Planning& Building Director, Scott Bess' decision: 13 ISSUE NO. 1: That City Council find and determine that its Planning and Building Director' 14 15 decision to deny HBCG's certificate of occupancy be declared null and void as a result of the Director' 16 solicitation of application and the processing of the application without payment of fees first for the 17 application 18 ISSUE NO. 2: That the City Council find and determine that the hearing conducted by the City 19 Planning Commission be declared null and void and without effect as a result of it hearing an appeal a 20 was intended and paid for the purpose of being heard before the City Council and not the Planning 21 22 Commission. 23 ISSUE NO. 3: That the City Council find and determine that the fees paid by appellee for th 24 appeal to the City Council be refunded to the HBCG and declared to have been misappropriated b 25 Planning and Building Director Scott Hess and the City Council order an investigation as to who ordered 26 the City Clerk's office not to accept the appellees' appeal and fees which she is mandated to accept. 27 In addition, and for the purposes of deciding the appeal of the Finance Director's decision, w 28 demand that you do so and take into consideration the Court's statements that the retail sale of medical dca 13 HB -939- JOIN i OF APPEAL OF T.,-TP �,ow—%Mn T 171-MD TlelrArl rrTNF 96 2015 I marijuana does in fact constitute commerce Secondly, we demand, that the council in reaching it 2 decision do so considering the laws in place at the time when appellant attempted to seek a business 3 license in the first place and not"under the changes that the City has attempted to in place, after May 4 4 2015 5 That's just - under these facts, doesn't fly. Because I got news for the city. 6 Medical marijuana is merchandise. Under the clear, commonly understood 7 definition of what merchandise is, it's some product that is for sale, some thing or product, but a person who is in the business of selling it. [See Exhibit 1 Court g Transcript Statements by the Honorable Judge Andrew P. Banks] ARGUMENT 9 10 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 11 pass 2014.18 is void as a matter of law pursuant to California Government Code section 65858(e) as it duplicated the City's Ordinance No. 3700 12 According to the City's June 26, 2015, delivered on July 7, 2015, decision to deny Applicant' 13 14 business license application its application for business license was denied because: 15 Earlier this year, the City passed an ordinance that expressly prohibits the establishment of Medical Marijuana Dispensaries or related businesses in Huntington 16 Beach, although this ordinance did not change the City's longstanding (HBZSO Section 204 18). Prior to this Ordinance (land use laws) in Huntington Beach prohibited the 17 establishment of any Medical Marijuana Dispensaries or related business in Huntington 18 Beach because such a businesses were not listed as a "permitted use" under the City zoning laws (HBZSO Sections 204.02, 2014 10, 21104, and 215 04) 19 See Exhibit"2" City of Huntington Beach June 26, 2015, denial of business license application 20 A. THE CITY'S URGENCY ORDINANCE NO. 4059, IS VOID ON ITS FACE. I 21 IMPERMISSIBLY DUPLICATED ORDINANCE NO. 3700 1 IN VIOLATION O CALIFORNIA GOVERNMENT CODE SECTION 65858,ET. SEQ. 22 The City's June 26, 2015, denial of business license application by HB'CG makes it clear that the 23 City thinks that it passed Ordinance 4059 on May 4, 2015 Passage of an urgency ordinance, such as this 24 one, is subject to particular procedures that must be followed by the City adopting a zoning ordinance 25 However 26 Without following the procedures otherwise required prior to,the adoption of a 27 zoning ordinance, the legislative body of a county, city, including a charter city, or city and county, to protect the public safety, health, and welfare, may adopt as an urgency 28 measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, Wannina commission or the ulanniny 1P^a 4m-nt is considering or studying or intends to Item 13. - 14 JOINT HB -940- APPEAL OF I I ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 1 study within a reasonable time 2 California Government Code section 65858(a) [Exhibit 31 3 While enacting Ordinance 4059, the City invoked this provision- "Pursuant to Government Cod 4 Section 65858, and based on the findings set forth above, the City Council hereby declares that this 5 interim ordinance is necessary as an urgency measure for the immediate preservation of the public 6 health, safety, or welfare." 7 B. The City cannot meet the provisions of Cal. Gov. Code §65858 a's it failed to ameliorate the effects of its prior urgency ordinance for moratorium against medical manjuan 8 dispensaries. 9 The ability to simply bypass procedures based upon the willingness of a city council to make 10 "findings that there is a current and immediate threat to the public health, safety, or welfare, and that the 11 approval of additional subdivisions use permits, variances, building permits, or any other applicable 12 entitlement for use which is required in order to comply with a zoning ordinance would result in tha 13 threat to public health, safety, or welfare" (Gov Code § 65858(c)) would seem ripe for abuse, and the 14 City does just that. Fortunately, subdivision(e) steps in to prevent the City's abuse. 15 When an interim ordinance has been adopted, every subsequent ordinance 16 adopted pursuant to this section, covering the whole or a part of the same property, shall automatically terminate and be of no further force or effect upon the 17 termination of the first interim ordinance or any extension of the ordinance as provided in this section. 18 California Government Code section 65858(e). (Emphasis added). [Exhibit 31 19 Subdivision (e) prevents the City from re-enacting its previous moratorium against "medical 20 marijuana dispensaries" No two interim ordinances can address the same subject on the same land for 21 the same reason and purpose. 22 C. A moratorium on Medical Marijuana Dispensaries was already implemented. 23 The City admits there was a previous moratorium in the new interim ordinance: "The City o 24 Huntington Beach also previously imposed a Moratorium on medical marijuana dispensaries" In fact, 25 the City adopted it on February 22, 2005 26 A motion was made by Bohr, second Hansen to adopt Interim Ordinance No. 27 3700 —"An Interim Ordinance of the City of Huntington Beach Imposing a Moratorium on Medical Marihuana Dispensaries" with specific findings regarding the detriment to 28 the public's health, safety and welfare amended to bypass the Planning Commission and bring an ordinance directly to Council arLd to change from a 45-day to a 30-day moratorium The motion carried byt'-- F-11-("na roll call vote- —Item 13. - 15 JOIN-HB -941-;APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 � 1 AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr NOES- Cook 2 ABSENT. None 3 City Council Minutes, February 22,2005 4 Interim Ordinance 3700 likewise invoked Government Code section 65858, stating, "Pursuant t 5 California Government Code Section 65858(a) this interim ordinance shall become effective 6 immediately " (Ordinance 3700, § 4.) Including the amendment to cut the effective period down to 3 7 days, the moratorium expired on March 25,2005 and can not be re-enacted ten years later pursuan 8 to Government Code section 65858, subdivision (e) As a result, the current state of the law in the City 9 of Huntington Beach falls back on what the law was prior to the City's failed attempt to pass a ban o 10 medical marijuana dispensaries. 11 H. Daniel G. Richmond prior to operating attempted to apply for business license, but was wrongfully denied its due process rights to submit its business license 12 application because of the City's mistaken belief that its municipal code sections 13 prohibited medical marijuana dispensaries from operating in the zone where the dispensary was located. 14 15 The Huntington Beach Municipal Code provides that it will not regulate through the issuance o 16 its business licenses: 17 "The business licenses issued pursuant to the provisions of this title!constitute a receipt for the license, fee paid and shall have no other legal effect A business license is a 18 requirement, not a permit to conduct, manage or carry on any business activity within this 19 City (83 8-6/61)" 20 HBMC section 5 04 090 License not a permit. [Exhibit 4] 21 The ordinance codified herein is enacted solely to raise revenue for municipal purposes, 22 and is not intended for regulation (766-7/60) 23 HBMC section 5 04 020 Purpose [Exhibit 5] 24 According to the City's own pamphlets available on line as of the date of this appeal states the 25 following- 26 A City of Huntington Beach business license is not a regulatory license but is a 27 tax to help pay for the public safety needs of the people of Huntington Beach 28 About Business Licenses, City of Huntington Beaches website• <http•//www.huntingtonbeachca gov/ Item 13. - 16 JOm HB -942- APPEAL OF 1 ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 I files/users/finance/How to—do bus flyer.pdf[Exhibit 6] 2 Applicant's dispensary falls under the category of General Commercial under the Cnty's land use 3 laws. A property classified as general commercial can undertake retails sales of goods, such as medical 4 marijuana: 5 211.04 CO, CG, and CV Districts—Land Use Controls 6 In the following schedules, letter designations are used as follows. "P" designates use classifications permitted in commercial districts. 7 "L" designates use classifications subject to certain limitations, prescribed by the "Additional Provisions"that follow. 8 [***] 9 Use classifications that- are not listed are prohibited Letters in, parentheses in the "Additional Provisions" column refer to provisions following the schedule or located 10 elsewhere in the Zoning Ordinance. Where letters in parentheses,are opposite a use classification heading, referenced provisions shall apply to all use classifications under 11 the heading. 12 CO, CG, and CV Districts: Land Use Controls P =Permitted 13 *** Co CG [Commercial CV Additional 14 General] Provisions 15 Commercial 16 Uses Retail Sales - P P �) ) 17 18 CO, CG, and CV Districts: Additional Provisions 19 Huntington Beach Zoning Subdivisions & Ordinance section 21104 [Exhibit 7] 20 This is exactly what Applicant intends to do, which is perform retail sales of medical marihuana This 21 is allowed in this zone for this property and for this purpose without the need for any additional permit 22 as indicated under 21104 as cited hereinabove 23 The next question is what retails sales are allowed and what merchandise can be sold in the sector 24 where the Property is located? These two questions are easily disposed of in(the City's municipal cod 25 section that follows regarding the permitted use by Applicant under HBMC 204.10Y. 26 a. The retail sale of medical marijuana is provided for under the City of Huntington Beach 27 municipal code section under: 204.10Y states. Y. Retail Sales. The retail sale of merchandise not specifically listed under another use 28 classification This classification includes department stores, drug stores, clothing stores, and furniture stores, and businesses retanlingithe followm goods: toys, hobby matenak JOM HB -943-�APPEAL OF Item 13. - 17 ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JLINE 26,2015 1 handcrafted items, jewelry, cameras, photographic supplies, medical supplies and equipment, electronic equipment, records, sporting goods, surfing boards and equipment, 2 kitchen utensils, hardware, appliances, antiques, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive 3 parts and accessories (excluding service and installAtion) 4 Hunting Beach Zoning& Subdivision and Ordinances section 204 10Y [Exhibit 8] 5 Clearly, the retail sale of medical marijuana is allowed under the local,land use laws of the City. 6 "Permissive," in circumstances such as thus, means that if something is not specifically provided for o 7 allowed then it is not permitted and/or is prohibited 8 In this case, however, there are two reasons why this does not apply as a matter of fact and law The 9 first is the code section above, is a catchall provision providing for the right to sell merchandise- "Retail 10 Sales The retail sale of merchandise not specifically listed under another use classification." Huntington 11 Beach Zoning & Subdivision Ordinances Section 204 10Y. 12 This language lifts it out of the permissive analysis to a prohibitive statutory analysis. Under a 13 prohibitive statutory analysis that which is not prohibited is permitted unlike the analysis applicable 14 under the permissive scheme- Nothing which is done or maintained under express authority of a statute 15 can be deemed a nuisance California Civil Code section 3482. [Exhibit 9] 16 As a compliment to that section and in order to further understand the application of the language i 17 establishing that the City's laws do embrace medical marijuana dispensaries: 18 211 02 Commercial Districts Established The purpose of the commercial districts is to implement the General Plan and Local 19 Coastal Program commercial land use designations Three commercial zoning districts are established by this chapter as follows- 20 [***] 21 B. The CG General Commercial District provides opportunities for the full range of retail and service businesses deemed suitable for location in Huntington Beach 22 Huntington Beach Zoning & Subdivision Ordinance section 21102 [Exhibit 16] 23 This section clearly establishes that if dispensary is seeking to sell medical marijuana that it fall 24 ' within the stated purposes of the City in keeping with its objectives for its land use laws This is mad 25 clear through its use of the terms "full range of retail businesses" meaning the complete spectrum o 26 retail businesses without any further qualification whatsoever 27 This section does not say "a moderate range of retail businesses", "some retails business", o 28 "everything except medical marijuana" The City could have, but it did not 'Clearly, persons, such a -7- Item 13. - 18 JOIN HB -944-;APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 1 Applicant seeking a business license to sell medical marijuana have the legal authority to do so in the 2 City of Huntington Beach. 3 The second reason why the principal of permissive code interpretation is inapplicable in this case 4 comes by way of Art. I., Sec.'s 1 & 26 of the California State Constitution. It mandates that the right 5 involved with medical marijuana deal with certain inalienable rights- 6 "All people are by nature free and independent and have inalienable rights Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting 7 property, and pursuing and obtaining safety, happiness, and privacy." 8 California Constitution, Article 1, Section 1. [Exhibit 11] 9 Medical marijuana is property and the ability to seek treatment through the use of medical marijuana 10 involves the right to enjoy life in not suffering from ailments that can be cured or resolved and/or bette 11 tolerated through the use of medical marijuana. It also involves the right to be safe from chronic pain o 12 medical conditions, which also affects one's rights to pursue happiness, all of which can be achieve 13 through the use of medical marijuana. 14 The right to medical marijuana however, is not an absolute or an unfettered right. The right t 15 medical marijuana is subject to proscription under the language provided for under California 16 Constitution Art I Sec 3(b)(4) that guarantees and mandates that if such a right is to be limited o 17 denied that such limitation or prohibition must be achieved through due process of law and under equal 18 protection of law. In order to meet this mandate, those like the City seeking to limit or take away an 19 person's rights to medical marijuana,must do so through express words. 20 "The provisions of this Constitution are mandatory and prohibitory, unless by express 21 words they are declared to be otherwise." 22 23 California Constitution, Article 1, Section 26 [Exhibit 12] But the reality is that this property falls squarely within the classification general commercial and i 24 25 offered the opportunity of conducting general retail sales. The City's general commercial zones use 26 classification states full: 27 .. retail sale of merchandise not specifically listed under another use classification. 28 This classification includes drugstores, and businesses retailing the following goods handcrafted items, medical supplies, " HBZSO section 204.10Y -8- JOM HB -945-;APPEAL OF Item 13. - 19 ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 i 1 But this begs the question of how generous and expansive HBZSO section 204 10Y is. The answer i 2 that it is wide open according to the stated intent of the City when seeking to define the universe of retail 3 sales that are included in the applicable use classification. The answer is simple because the city clean 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 HBZOS 211.02, ("***" indicating deletion of chapters or paragraphs not being used in the citation b 10 11 applicant) 12 Clearly, the intended universe of retail sales encompasses the full range of retail business Full 13 range can be defined according to common parlance as the entire spectrum. Thus, plainly and clearly, 14 intending to encompass anything and everything that can fall into this use classification 15 b. Beach and Edinger Corridors Specific Plan (BECSP) also Establishes HBCG's right t 16 operate a medical marijuana dispensary. 17 18 More importantly, even if we consider the application of the Neighborhood Boulevard Segment 19 2.17 of the Beach and Edinger Corridors Specific Plan, HBCG has a right to operate a dispensary unde 20 that plans 2 2 Building Use Regulations under use types 2 2.1(g) "Convenience Uses." The designatio 21 "0" in the category of use means "Included Use these uses are allowed by right, of a black dot assigned g ry 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 _ At the time appellee went down to the City to submit the business license application, the 25 26 counter personnel at the Finance Department asked for the certificate of occupancy form, which appellee 27 obliged. There was no expectation that the certificate of occupancy would be acted upon at the time 28 given that the Court's order allowing medical marijuana dispensaries to submit business license -9- Item 13. - 20 JoiN HB -946-:APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED DUNE 26,2015 tax I 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, they 5 was no expectation that it would be acted upon until after the Finance Department approved the license 6 7 or the Court ordered the City to issue a license and until fees were paid given the fact that the Court had 8 declared that not accepting the application and not accepting the fees would be waste. 9 Nevertheless, much to the surprise of all of the medical marijuana dispensaries that applied for a 10 business license pursuant to the Court's May 29, 2015 preliminary injunction against the City the 11 response to the application carried with it an unexpected surprise- a joint letter of denial. The joint denial 12 was from the City Finance Director,Lori Ann Farrell, but also a Planning&Building Director, Scott 13 14 Hess for the certificate of occupancy application that the Finance Department received without payment 15 of any fees 16 The letter summarily determined that appellee could only appeal the decision to the City's 17 Planning Commission and only appeal the Planning and Building Director's decision and not the 18 Finance Director's decision. This was strange as no fees were paid for the processing of a certificate of 19 occupancy so no decision should have been rendered 20 All persons submitting applications for any permits, certificates, development 21 agreements, map approvals, or zoning map or text amendments, or any other approvals as 22 required by this ordinance code, or filing appeals, shall pay all fees and/or deposits as provided by the City Council's resolution or resolutions establishing applicable fees and 23 charges. Huntington Beach Zoning& Subdivisions Ordinances section 240.06 Fees &Deposits [Exhibit 14] 24 The mandate that the certificate of occupancy be paid for is absolute, no discretion, because 25 26 "shall" is the utmost and strongest form of command No fees were paid and therefore no processing o 27 the application should have ever been made and therefore no need to appeal a decision that never shout 28 have been made -10- Jorm HB -947-;APPEAL OF Item 13. - 21 ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 1 1 1 III. CONCLUSION 2 Now, before attempting to make a decision on this demand for an appeal joint letter of denial as 3 ordered by Honorable Judge Andrew P Banks, we believe you should ask yourself the following 4 questions 5 1 Why did it have to take a court order for a preliminary injunction to get the City to accept 6 7 business license applications for medical marijuana dispensaries? [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 to? 10 3. What law, policy,regulation or custom and practice did the city have in place that allowed 11 City employees to determine on their own what class of persons that they could summarily reject at the 12 counter and refuse to accept business license applications and fees 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 1 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 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 manjuana 24 dispensaries falsely claiming that no policy decision of his was ever successfully appealed that he later 25 admitted he never gave? [Exhibit 17] 26 7 Why has the City attorney chosen to represent to the Courts that the City can regulate through 27 its business licenses when its own laws and statements to the public clearly establish that it cannot? 28 (Exhibit 18 statue &online pamphlet] -11- Item 13. - 22 JOIN HB -948-=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 Planting 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 9. Who decided overnight, on May 2, 2015, to change the diagram establishing that the first step 6 7 in getting a business license was to go to the Finance Department to the "first step" in getting a business 8 license was to go to the Planning&Building Department? [Exhibit 20] 9 10 Under whose direction did the City's Fiscal Services Manager, James Slobolan, decide that 10 he would provide declarations under oath in support of the City's lawsuits against medical marijuana 11 dispensaries claiming that he had checked the City's records and that he could find no application for 12 business license when the City had a custom and practice in place of not accepting nor cataloging any 13 14 business license application from any medical marijuana dispensary [Exhibit 21] 15 11. Under what authority was the Planning&Building Director, Scott Hess, acting under when 16 he decided to process without payment a certificate of occupancy 17 12 Under what authority was the Planning&Building Director, Scott Hess, acting under when 18 he decided that he would take HBCG's July 17, 2015, Demand for Appeal of Dental 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 to the first place?The Court, on September 3, 2015, in this case had to order 21 22 the City Council to hear this appeal because Mr. Hess and the City Attorney refused to allow the appeal 23 and make its way to you as it should have. 24 13 Under what authority was the Planning& Building Director, Scott Hess, acting under when 25 he decided that he would take HBCG's $449 00 payment for the appeal of the Finance Director's 26 decision and use it for an appeal of his decision which HBCG was not appealing? Payment was made 27 under"protest" further reinforcing the fact that Mr. Hess misappropriated City money [Exhibit 22] 28 14 What law, policy, regulation or custom_#practice did the City have in place that allowed JOIrr HB -949-;APPEAL OF Item 13. - 23 ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 1 1 the City Clerk to refuse to accept HBCG's appeal(as well as all other medical marijuana dispensary 2 clients' appeals) when she is mandated to accept its appeal under HBMC § 5.08 310 3 15 What law,policy,regulation or custom and practice did the City have in' place that allowed 4 its City Clerk to refuse to accept HBCG's fees for an appeal(as well as all other medical marijuana 5 dispensary clients' appeals)that she is mandated to accept payment for under HBMC § 5 08 310. 6 7 16, Up until the filing of the instant action why did the City have a Custom&Practice of falsely 8 accusing each and every single medical manjuana dispensary defendant of selling medical marijuana to 9 persons not having a medical marijuana prescription and/or recommendation when it knew for a fact that 10 no such event had occurred? We provide you with the letter retracting the false allegation from not only 11 the complaint in the case involving HBCG but also Med Aid [Exhibit 23] 12 17 Why is the City now claiming 1n its complaint that HBCG made illegal alterations to the 13 14 premises when the City's own code enforcement officer, Al Brady, assigned to this case testified that he 15 had found no such violations even when he accompanied the Fire Department on February 24, 2014? 16 [Exhibit 24] 17 18 Why did the City on August 20, 2015 publish on the World Wide Web all of the medical 18 marijuana dispensary applications for business license without crossing off the personal information 19 containing social security numbers, birth dates, and tax identification numbers9 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 Item 13. - 24 JOIN HB -950-tF APPEAL OF 11 ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 1 21 Why did the Directors of Finance and Planning and Building provide a joint rejection? 2 All these questions, when considering the gravity of the circumstances, paint a picture of the City 3 at its worst; actions speak louder than words Therefore, you have a choice to make One, respect the 4 rights of all people under your stewardship or frustrate the rights of those you don't agree with—simply 5 6 because you can. 7 8 9 - 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -14- JOIN-HB -951-:APPEAL OF Item 13. - 25 ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 I EXHIBIT" NO. 1 Item 13. - 26 HB -952- 1 1 SUPERIOR COURT OF THE STATE OF CALIFORNIA 2 FOR THE COUNTY OF ORANGE - CENTRAL JUSTICE CENTER 3 DEPARTMENT Cll 4 5 CITY OF HUNTINGTON BEACH, ) 6 PLAINTIFF, ) 7 VS. ) NO. 30-2014-00745511 8 DANIEL GARFIELD RICHMOND, ) 9 DEFENDANT. ) 10 11 12 HONORABLE JUDGE ANDREW P. BANKS 13 REPORTER'S TRANSCRIPT OF PROCEEDINGS 14 FRIDAY, MARCH 27, 2015 15 16 APPEARANCES OF COUNSEL: 17 FOR THE PLAINTIFF: 18 CITY OF HUNTINGTON BEACH CITY ATTORNEY' S OFFICE 19 BY: DANIEL K. OHL, DEPUTY ATTORNEY MICHAEL J . VIGLIOTTA, CHIEF ASSISTANT CITY ATTORNEY 20 4 21 FOR THE DEFENDANT: 22 PEIRANO & ASSOCIATES BY: CRISTIAN PEIRANO, ATTORNEY AT LAW 23 SEAN RAYMOND BOZARTH, ATTORNEY AT LAW 24 25 ' RHONDA NORBERG, CSR NO. 9265 , CCRR NO. 185 26 OFFICIAL REPORTER PRO TEMPORE HB -953- Item 13. - 27 9 1 GUESS -IT WAS THE FINANCE COUNTER. I FORGET HER NAME, Z BUT I RECALL THAT IT WAS A WOMAN -- AND, "THAT IT' S 3 ALWAYS BEEN THAT WAY, WE DON 'T ISSUE THEM. " r 4 WHAT KIND OF HOOEY IS THAT? THE CITY CAN'T S 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 lZ 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 1S KNOW HOW YOU GET BY SAYING, "NO, YOU CAN'T EVEN HAVE THE 16 DOCUMENT BECAUSE WE NEVER APPROVE THEM. " 17 THAT' S JUST -- UNDER THESE FACTS, DOESN'T FLY. 18 BECAUSE I GOT NEWS FOR THE CITY. MEDICAL MARIJUANA IS - - - 19 MERCHANDISE. UNDER THE CLEAR, COMMONLY UNDERSTOOD 20 DEFINITION OF WHAT MERCHANDISE IS, IT' S SOME PRODUCT 21 THAT IS FOR SALE, SOME THING OR PRODUCT, BUT A PERSON ; ZZ WHO IS IN THE BUSINESS OF SELLING IT. 23 LIQUOR IS MERCHANDISE, AUTO PARTS ARE r 24 MERCHANDISE, GROCERIES ARE .MERCHANDISE, BONGS BARE ZS MERCHANDISE. SO IS MEDICAL MARIJUANA. NOW, IS IT -- 26 COME WITHIN RETAIL SALES? I THINK YOU 'VE GOT A STRONG Item 13. - 28 HB -954- 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. r 4 THE APPROACH FOR THE PLAINTIFF SHOULD HAVE BEEN 5 BEFORE YOU OPENED, GO DO THAT WHICH WAS DONE. WHEN 6 YOU' RE REFUSED EVEN AT THE FINANCE COUNTER, YOU COME t 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 t 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 3 18 IT GOES, FRANKLY. I THINK YOU ARE CORRECT ON THOSE 19 ISSUES. 20 BUT I' M BEING ASKED TO ISSUE AN INJUNCTION -- A 21 -- PRELIMINARY INJUNCTION , WHICH IS- AN EQUITABLE REMEDY; - 22 AND I SEE UNCLEAN HANDS ARGUMENTS ON BOTH SIDES . THAT' S 23 A PRETTY HEAVY-HANDED APPROACH BY THE CITY, IN MY VIEW. 24 I WAS SURPRISED TO SEE THAT IT WAS THAT WAY. 25 THE PEOPLE OF THE STATE OF CALIFORNIA PASSED 26 THE MEDICAL MARIJUANA M. M. P.A. THE PEOPLE OFTHE COUNTY xB -955- Item 13. - 29 t- E f I 1 _ _ I 1 r EXHIBI`r ISO. 2 Item 13. - 30 xB -956- } y k 4 I k EXHIBIT NO. 3 HB -957- Item 13. - 31 65858 (a) Without following the procedures otherwise required prior to the adoption of a zoning ordinance,the legislative body of a county, city,including a charter city,or city and county,to protect the public safety,health,and welfare,may adopt as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan,specific plan,or zoning proposal that the legislative body,planning commission or the planning department is considering or studying or intends to study within a reasonable time That urgency measure shall require a four-fifths vote of the legislative body for adoption The interim ordinance shall be of no further force and effect 45 days from its date of adoption After notice pursuant to Section 65090 and public hearing,the legislative body may extend the interim ordinance for 10 months and 15 days and subsequently extend the interim ordinance for one year.Any extension shall also require a four-fifths vote for adoption Not more than two extensions may be adopted (b)Alternatively,an interim ordinance may be adopted by a four-fifths vote following notice pursuant to Section 65090 and public hearing,in which case it shall be of no further force and effect 45 days from its date of adoption.After notice pursuant to Section 65090 and public hearing,the legislative body may by a four-fifths vote extend the interim ordinance for 22 months and 15 ' days. ` (c)The legislative body shall not adopt or extend any interim ordinance pursuant to this section unless the ordinance contains legislative findings that there is a current and immediate threat to the public health,safety,or welfare,and that the approval of additional subdivisions,use permits,variances,building permits,or any other applicable entitlement for use which is required in order to comply with a zoning ordinance would result in that threat to public health,safety,or welfare. In addition,any interim ordinance adopted pursuant to this section that has the effect of denying approvals needed for the development of projects with a significant ; component of multifamily housing may not be extended except upon written findings adopted by the legislative body,supported by substantial evidence on the record,that all of the following conditions exist. (1)The continued approval of the development of multifamily housing projects would have a specific, adverse impact upon the public health or safety As used in this paragraph, a "specific, adverse impact" means a significant,quantifiable, direct,and unavoidable impact,based on objective,identified written public health or safety standards,policies, or conditions as they existed on the date that the ordinance is adopted by the legislative body. (2)The interim ordinance is necessary to mitigate or avoid the specific,adverse impact identified pursuant to paragraph(1) Item 13. - 32 HB -958- (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 pnoi interim ordinance,the legislative body may adopt another interim - ordinance pursuant to this section provided that the new interim j ordinance is adopted to protect the public safety, health,and a 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. f I HB -959- Item 13. - 33 i i i T i EXHIBIT NO. 4 Item 13. - 34 HB -960- 5 04 090 License Not a Permit 9/11/15, 11 31 AM A r,,,ndnTtfin Beaa�.Ci 'C'har er and Codes MUNICIPAL CODE Title 5 BUSINESS LICENSES AND REGULATIONS Chanter 5 04 GENERAL PROVISIONS - 5.04.090 License Not a Permit The business licenses issued pursuant to the provisions of this title constitute a receipt for the license fee paid and shall have no other legal effect A business license is a requirement,not a permit to conduct, manage or carry on any business activity within this City (838-6/61) View the mobile version. ` f i ttp//www gcode us/codes/huntmgtonbeach/view php?topic=municipal_code-5-5_04-5_04_090&frames=on Page 1 of 1 xB -961_ Item 13. - 35 y t i i I i t i EXHIBIT NO. 5 Item 13. - 36 Hs -962- 5 04 020 Purpose 9/11/15, 11 31 AM Hhln-d g,F :-5e?ch t.., tarr,&t and Coles MUNICIPAL CODE Title 5 BUSINESS LICENSES AND REGULATIONS Chapter 5.04 GENERAL PROVISIONS 5.04.020 Purpose The ordinance codified herein is enacted solely to raise revenue for municipal purposes, and is not intended for regulation (766-7/60) - View the mobile version. http//www gcode us/codes/huntfngtonbeach/view php?topic=municipai_code-5-5_04-5_04_020&frames=on Page 1 of 1 HB -963- Item 13. - 37 F F i EXHIBIT NO. 6 Item 13. - 3 8 HB -964- I ON, BOUT BUSINESS LICENSES... , e ! • 0 e e e M elcome to the City of Huntington Beach business _ e • e - rrinwnity This information guide is intended-as a mmary of information you will need to know in You can obtain an application from City Hall, or +; ter to operate a business in Huntington Beach download one from our website at A' Certificate of Occupancy — required 1: ,-_4 www huntingtonbeachca aov Look under the Planning and Building Dept for businesses it tis guide is provided as a public service It is not-inclusive and any specific questions should be Finance Dept for Business License Complete the commercial or industrial location Gall71 ected to the Business License division at (714) application and bring it to City Hall on the 1"' floor, 536-5271 or pick up an application from C 6-5267 Clarification and definition can also be 2000 Main Street or mail it to Business License, Hall ind in the Huntington Beach Municipal Code, P a Box 190, Huntington Beach, CA 92648 If you A- Fictitious blame (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 arise is not are ii—F license butneed to fill out an application for a Certificate of your own last name Contact the Cour Ppa Pon Feac u tic sa et needs of the people Occupancy for the Planning acid Building Clerk's office at (714) 834-2889, go online n Department, who can be reached at (714) 536- http 11www oc ca govlrecorder or contact yc 5271 local newspaper office A, 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 juires 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 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 informat ►hers, however, they may be transferred to a new starts at$75 plus a non-refundable processing fee, ,1, 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 State Board of Equalization if you =partmen# All businesses trades, professions, Additional Employees 4 - 12 $4 00 each merchandise Call (949) 440-3473 or flings, or occupations operating in the City need 13 $3 00 each www boe_ca qav 5 52 Business License These include but are not 2 $2 QO each A• Health Permit — required for food handlir irted to Additional vehicles Under 1 ton $12 00 each permanent make-up, tattooing or bo Any business in a commercial or industrial 1 to 3 tons $35 00 each piercing Contact O C Environmental Health location Over 3 tons $46 00 each (714)433-6000 Persons who have a home office or use their Home-based businesses are required to pay a one- e$- Federal Tax ID # -- required if you ha home as the headquarters of their business time fee of$2 00 for a Home Occupation Permit, in employees, are incorporated, or have addition to their license registered partnership Call (800) 829-1040 Businesses, which are located outside-the city, visit www irs gov _but transact business in the city such as Some business licenses are calculated differently contractors, cleaners, repair people, gardening (apartment rental, hotels, carnivals, special events, ' Worker's Compensation insurance services,fumigators, telemarketers etc vending machines, out of town contractors, pool required if you have employees Contact yc halls) Call (714) 536-5267 for these licenses local insurance agent, state fund or vi Independent contractors such as doctors, www dir ca govlworkers'_comphtml real estate brokers, hairdressers, janitorial 13o Liquor License — required by the State De ,, . contractors, and home party demonstrators + . e - a - - . ■ . e of Alcoholic Beverage Control if you sell Apartment owners of three or more units A business license may be issued at City Hall ile serve alcohol Contact (714) 558-4101 or vi Mobile Vendors who sell merchandise from you wait Your app i e complete and wviw abc ca qov 15 their vehicles, such as gourmet food trucks and inc ude all necessary documents You may need Conditional Use Permit — required by it 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, irnternet cafes, or alcohol sales C seasonal business application may also be mailed to City Hall Be sure (714) 536-5271 ma"Mil . . _ . g Q Q - How to Obtain a lid hat if I Don't Obtain a License? 1111How To Do Business in the City of Huntington � � )nducbng business in the city without a license - £beach - a guide„ o Eppiaor= Development_ _ �,� �i��_ ��:�°�� n result in p6nalties,Notices 6f Vfclafrohs,and www huntingtonbeachca gov/departrnents/ED W Iministrative Citations It is a misdemeanor to — )late the City Business License ordinances ` lmj Huntington Beach Small Business Assistance Center located at the Huntington 'Beach in s I Need to Display My Business License? Chamber of Commerce 2134 Main Street "�' ntington :s, all business licenses must be posted in public #100, Huntington Beach (714) 536-8888 rl �� ,w at the fixed location of the business For � B Small business Administration — provides 3se businesses without a fixed location, the 'mil financial assistance programs, guide ;ponsible party must carry the business license th,them while conducting business in Huntington resources and workshops (714) 550-7420 o or r www y sba.00v ,adh �• _, GPI SCORE Service Corps of Retired = �: i+.^r )w Often Do I Need to Renew It? Executives Workshops' and counselors far isiness licenses are renewed annually A small businesses Call (714) 550-7369 or visit. urtesy notice is mailed 3 weeks before the due www scorel 14 org to However, you are responsible for renewing -• $., ur license whether or not the renewal notice is III California Permit Assistance Center - r7 Ism �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 LNI Small Business Corner - helpful information c Cations may also be issued about taxes from the IRS www irs gov iCQ m Moving to a New Location In the City. i�1 Small Business Development Center - City of Huntington Beach z ease notify us of your new address, phone provides, help to small businesses through + ber,iand any other changes to year business 1-on-1 c unseling,imorkshops andi education B'LJSInESS incense ter compliance with any applicable city ,' seminodsb'dc cornCall (714} 56 -52Q o'r visit, juirements, your ' business license may be jwww1, insferred to the new location for a small fee If ` { ' 20 0 Fain Street u are moving to a new commercial location, you Q * 1st Floor I need to apply for a new Certificate of Huntington Beach =pancy Better Business Bureau, (714) 985-8915 CA 92648 hat if I Stop Doing Business or Move Away? Building Permits - - (714)536-5241 - t us know in writing if you want your license Chamber of Commerce (714) 536-8888 ncelled No refunds are given when the Community Services Dept (714)536-5486 Phone: (714) 536-5267 siness ceases I Consumer Affairs Dept (800) 952-5210 Fax: (714) 536-5934 in I Transfer My License to Someone Else? Contractors State License Board (800)321-2752 isiness Licenses are not transferable from one iner to s nes's laicense in their name owner must apply,fora Employment Development nt Dept �888) 745-3886 Hours: $; D am - 5.00 1at71 C7�t Franchise Ta Board J�,l ` Monde to Friday l i 800 852-5771 Y Y here Do I Find You? I Q#fice of Secretary of Mate (916 653-3794 vvwLm huntin tonbeachca, ov m e are located at 2000 Main St� on the corner of Sign Permits. , (714) 536-5271 rrktown and Main, in the Civic Center on the 1 State Compensation ins Fund (714)565-5000 business,ilicense0surfcity-hb.or y or Enter the main Administration Building and I +� Zoning low the signs to the Business License counter Department (714} 536-5271 --+ t - _ 1 = C -SXHIBIT NO. T H -967- Item 13. - 41 211 04 CO,CG,and CV Districts—Land Use Controls 9/11/15, 11 36 AM L-'«C..LP a�n�,rta` and, o-.:#di__ 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 lmlitations prescribed by the"Additional Provisions"that follow "PC" designates use classifications permitted on approval of a conditional use permit by the Planning' Commission. "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator "TU" designates use classifications allowed upon approval of a temporary use permit. "P/U" for an accessory use means that the use is permitted on the site of a permitted use, but requires a conditional use permit on the site of a conditional use. Use classifications that are not listed are prohibited. Letters in parentheses in the"Additional Provisions" column refer to provisions following the schedule or located elsewhere in the Zoning Ordinance Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. 1 l 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 P/U=Requires conditional use permit on site of conditional use -=Not Permitted CO CG CV Additional Provisions Residential (J)(Q)(R)(V) Group Residential PC PC PC Multifamily Residential - - PC Pubhc 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 Item 13. - 42 xB -968- !11 04 CO,CG, and CV Districts—Land Use Controls 9/11/15, 11,36 AM Community and Human Services Drug Abuse Centers - PC - Primary Health Care 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 i 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 - = P -- — Equestrian Centers (CG Zone) - PC - (S) Pet Cemetery - - PC Artists' Studios P P P - -Banks arid-Savings &Loans P P P With Drive-Up Service -- P P P Building Materials and Services -- - P ttp//www gcode us/codes/huntingtonbeach/view php7toplc=zoning-code-21-211-211_04&frames=on Paget of 7 HB -969- Item 13. - 43 1 04 CO,CG, and CV Distracts—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 Druilng Establishments L-4 L-4 L-4 _ W/Alcohol ZA ZA ZA (I)(Y) W/Drive Through - P P W/Live Entertainment ZA ZA ZA (Wt)(Y) ` W/Dancing PC PC PC R W/Outdoor Dining ZA ZA ZA (X)(Y) -- Food&Beverage Sales - P L-2 W/Alcohohc Beverage Sales - ZA ZA (N) _ Funeral&Interment Services - ZA - Laboratories L-1 L-1 - Maintenance & Repair Services - P - Marine Sales and Services - P P Nurseries - ZA - Offices, Business &Professional P P P { Pawn Shops - ZA Personal Enrichment Services L-10 L-10 - (Y) Personal Services P P P ; Research&Development Services L-1 ZA - Retail Sales - P P (U)(V) Secondhand Appliances/Clothing - P - Swap Meets, Indoor/Flea Markets - PC - (T) Swap Meets, Recurring - ZA - Tattoo Establishments - PC - Travel Services P P P Vehicle Equipment/Sales & Services Automobile Rentals - L-8 L-8 L-12 Automobile Washing - ZA - Commercial Parking - ZA ZA (P) Service Stations - PC PC (E) Vehicle Equip Repair - L-5 - Vehicle Equip Sales& Rentals ZA ZA - L-12 ttp//www gcode us/codes/huntingtonbeach/view php?topic=zoning_code-21-211-211_04&frames=on Page 3 of 7 Item 13. - 44 xB -970- 11 04 CO, CG, and CV Districts—Land Use Controls — 9/11/15, 11 36 AM Vehicle Storage - ZA - Visitor Accommodations Bed&Breakfast Inns ZA ZA--- ZA (K)__ Hotels, Motels - PC PC (I) Condominium-Hotel - - PC (Z) Fractional Ownership Hotel ` Quasi Residential Timeshares - PC - (I)(J) - Residential Hotel - PC - (� — Single Room Occupancy - { 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) F Aunnal Shows - TU - - - - Circus and Carnivals and Festivals - TU - - Commercial Filming,Linuted - P P (1V17 Real Estate Sales P P P Retail Sales, Outdoor - TU TU (M) Seasonal Sales TU TU TU (M) Tent Event - P -- Trade Fairs - P Nonconforming Uses (G)(J)(V) CO, CG, and CV Districts: Additional Provisions L-1 Permitted if the space is 5,000 square feet or less, allowed with Neighborhood Notification pursuant to Chapter 241 if the laboratory space exceeds 5,000 square feet L-2 Allowed with a conditional use permit from the Zoning Administrator if the space is 5,000 square feet or less, allowed with a conditional use permit from the Planning Commission if the space exceeds 5,000 square feet (See Section 230 52,Emergency Shelters) _ - - ___ _ _ - L-3 Allowed with a conditional use permit from the Zoning Administrator if the space is 2,500 square feet or less, allowed with a conditional use permit from the Planning Commission if the space exceeds 2,500 square I ittp//www gcode us/codes/huntingtonbeach/view php?topic=zomng_code-21-211-211_04&frames=on Page 4 of 7 HB -971- Item 13. - 45 11 04 CO, CG,and CV Districts—Land Use Controls 9/11/15, 11 36 AM feet L-4 Permitted if greater than 300 feet from residential zone or use, if 300 feet or less from residential zone or use,Neighborhood Notification is required pursuant to Chapter 241 L-5 Only limited facilities are allowed subject to approval of a conditional use permit from the Zoning Administrator, and body and fender shops are permitted only as part of a comprehensive automobile-service complex operated by a new vehicle dealer L-6 Only "small-scale" facilities, as described in use classifications, are permitted with a maximum seven persons employed full time in processing or treating retail products, lnnited to those sold on the premises L-7 Repealed L-8 On-site storage limited to two rental cars or two cars for lease L-9 Public facilfties pern-ufted,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- • Maxnnum 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 Thy nrstructron-axea does-not exceed 75% of total floor area of the-personal-enrichment building area. - - - _—_ -L-11 Permitted-if-the-space-is-5,00-0-square feet or less, allowed with a conditionaluse_pern3itfrom-the-Zoivng 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 a;ea. L-13 For wireless communication facilities see Section 230 96, Wireless Communication Facilities All other communication facilities permitted ----(A) Reserved --- ----- -- --- - — -- - -- - - - ---- -__ (B) See Section 230 40, Helicopter Takeoff and Landing Areas (C) Repealed (D) See Section 230.38, Game Centers, Chapter 5.28, Dance Halls, Chapter 9 24, Card Rooms, Chapter 9.32, Poolrooms and Billiards, and Chapter 9 28,Pinball Machines (E) See Section 230 32, Service Stations - -—(F) See-rSect.en2A-1 21�Temperary-LJse-P-ermits _ ----- - - - --- — - _- (G) See Chapter 236,Nonconforinmg Uses and Structures (H) For teen dancing facilities,bicycle racks or a special bicycle parking area shall be provided These may not obstruct either the public sidewalk or the building entry See also Chapter 5 28, Dancing Halls; Chapter 5 44, Restaurants - Amusement and Entertainment Premises, and Chapter 5 70, Adult Entertainment Businesses - (I) Only permitted on a major arterial street, and a passive or active outdoor recreational amenity shall be provided (J) In the CV District the entire ground floor area and at least one-third of the total floor area shall be ttp//www geode us/codes/huntingtonbeach/view php?topic=zoning—code-21-211-211_04&frames=on Page 5 of 7 Item 13. - 46 HB -972- '11 04 CO,CG, and CV Otstncts—Land Use Controls 9/11/15,11 36 AM devoted to visitor-oriented uses as described in the certified Local Coastal Program1and Use Plan.Anl 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 Iris M (L) Collection containers are permitted in all commercial districts; recycling facilities as an accessory use to a permitted use shall be permitted upon approval by the director with Neighborhood Notification pursuant to Chapter 241. See Section 230.44, Recycling Operations. (M) Subject to approval by the Police Department, Public Works Department,Fire,Department and the director See also Section 230 86, Seasonal Sales. - (N) The following businesses proposing to sell alcoholic beverages for on-site or off-site consumption are exempt from the conditional use permit process (1) Retail markets with no more than 10% of the floor area devoted to sales,,display, and storage of alcoholic beverages provided the sale of alcoholic beverages is not in conjunction with the sale of gasoline or other motor vehicle fuel (2) Restaurants, bars, and liquor stores located 300 feet or more from any R or PS district, public or private school, church, or public use. --(3)--Florist shops offering the sale of a bottle of an alcoholic beverage together with a floral arrangement. ; - (0) See Section-230 46, Single Room Occupancy - - - t (P) See Chapter 231 for temporary and seasonal parking. (Q) Development of vacant land or additions of 10,000 square feet or more in floor area, or additions equal to or greater than 50%of the existing building's floor area, or additions to buildings on sites located wrthrn 300 feet of a residential zone or use for a pernutted use requires approval of a conditional use permit from the Zoning Administrator. The Planning Director may refer any proposed addition to the Zoning Administrator if the proposed addition has the potential to impact residents or tenants in the vicinity (e g, increased noise, traffic) (R) Projects within 500 feet of a PS District; see Chapter 244 (S) See Section 230 48, Equestrian Centers (T) See Section 230.50,Indoor Swap Meets/Flea Markets. (U) See Section 230 94, Carts and Kiosks. (V) In the coastal zone,the preferred retail sales uses are those identified in the visitor serving commercial land use designation which provide opportunities for visitor-oriented commercial activities including specialty and beach related retail shops, restaurants, hotels, motels,theaters, museums, and related services. (W) Non-amplified live entertainment greater than 300 feet from a residential zone or use shall be permitted without a conditional use pen-nit (X) Outdoor dining with alcohol sales shall be permitted with a conditional use permmit 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. tp llwww gcode us/codes/hunttngtonbeach/view php?topic=zoning_code-21-211-211_04&frames=on Page 6 of 7 HB -973- Item 13. - 47 11 04 CO,CG, and CV Districts—Land Use Controls 9/11/15, 11 36 AM (� Neighborhood Notification requirements pursuant to Chapter 241. (Z) In the CV District, condoininium-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. -- t r i tp//www gcode us/codes/huntingtonbeach/view php?topic=zoning_code-21-211-211-04&frames=on `Page 7 of 7 Item 13. - 48 HB -974- EXHIBIT NO. 8 xB -975- Item 13. - 49 )4 10 Commercial Use Classifications 9/11/15, 11 38 AM ZONING CODE Title 20 ZONING CODE—GENERAL PROVISIONS Chapter 204 USE CLASSIFICATIONS 204.10 Commercial Use Classification's A Ambulance Services. Provision of emergency medical care or transportation, including incidental storage and maintenance of vehicles as regulated by Chapter 5 20 B Animal Sales and Services 1 Animal Boarding Provision of shelter and care for small animals on a commercial basis This classification includes activities such as feeding, exercising, grooming, and incidental medical care, and kennels. 2 Animal Grooming Provision of bathing and trimming services for small animals on a commercial basis This classification includes boarding for a maximum period of 48 hours. 3 Animal Hospitals Establishments where small animals receive medical and surgical treatment This classification includes only facilities that are entirely enclosed, soundproofed, and air-conditioned. Grooming and temporary (maximum 30 days) boarding of animals are included, if incidental to the hospital use 4 Animals, Retail Sales.Retail sales and boarding of small animals, provided such activities take place within an entirely enclosed building This classification includes grooming, if incidental to the retail use, and boarding of animals not offered for sale for a maximum period of 48 hours 5. Equestrian Centers Establishments offering facilities for instruction in horseback riding, including rings, stables, and exercise areas. 6 Pet Cemetery_ Land used or intended to be used for the burial of animals, ashes or remains of dead - animals, including placement or erection of markers, headstones or monuments over such places of burial. C. Artists'Studios. Work space for artists and artisans, including individuals practicing one of the fine arts or performing arts, or skilled in an applied art or craft D Banks and Savings and Loans Financial institutions that provide retail banking services to individuals and businesses This classification includes only those institutions engaged in the on-site circulation of cash money It also includes businesses offering check-cashing facilities With Drive-up Service Institutions providing services accessible to persons who remain in their automobiles. E. Building Materials and Services. Retailing, wholesaling, or rental of building supplies or equipment. This classification includes lumber yards, tool and equipment sales or rental establishments, and building contractors'yards, but excludes establishments devoted exclusively to retail sales of paint and hardware,and activities classified under Vehicle/Equipment Sales and Services - F Catering Services. Preparation and delivery of food and beverages for off-site consumption without provision for on-site pickup or consumption. (See also Eating and Drinking Establishments.) G Commercial Filming Commercial motion picture or video photography at the same location more than six days per quarter of a calendar year (See also Chapter 5 54, Commercial Photography.) tp//www gcode us/codes/huntingtonbeach/view php?topic=zoning—code-20-204-204_10&frames=on Page 1 of 5 Item 13. - 50 xB -976- 104 10 Commercial Use Classifications 9/11/15, 11 38 AM H. Commercial Recreation and Entertainment. Provision of participant or spectator recreation or , entertainment. This classification includes theaters, sports stadiums and arenas,—amusement parks,bowling alleys, billiard parlors and poolrooms as regulated by Chapter 9 32; dance halls as regulated by Chapter 528, 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 com-operated game machines as regulated by Chapter 9.28; card rooms as regulated by Chapter 9.24, and fortune telling as regulated by Chapter 5 72. - Limited. Indoor movie theaters, game centers and performing arts theaters and health/fitness clubs occupying less than 2,500 square feet I. Communications Facilities Broadcasting, recording, and other communication services accomplished through electronic or telephonic mechanisms, but excluding Utilities (Major) This classification includes radio,television, or recording studios; telephone switching centers;telegraph offices, and wireless communication facilities. ;. J. Eating and Drinking Establishments. Businesses serving prepared food or beverages for consumption on or off the premises. 1. With Fast-Food or Take-Out Service. Establishments where patrons order and pay for their food at a counter or window before it is consumed and may either pick up or be served such food at a table'or take it off-site for consumption. - a. Drive-through. Service from a building to persons in vehicles through an outdoor service window b Limited Establishments that do not serve persons in vehicles or at a table. 2 With Live Entertainment/Dancing An eating or drinking establishment where dancing and/or live - - - entertainment-is allowed-This classification includes nightclubs subject to the requirements of Chapter 5.44 of the Municipal Code. K. Food and Beverage Sales Retail sales of food and beverages for off-site preparation and consumption Typical uses include groceries, liquor stores, or delicatessens.Establishments at which 20% or more of,,the transactions are sales of prepared food for on-site or take-out consumption shall be classified as Catering Services or Eating and Drinking Establishments With Alcoholic Beverage Sales Establishments where more than 10% of the floor area is devoted to sales, display and storage of alcoholic beverages. L. Food Processing Establishments primarily engaged in the manufacturing or processing of food or beverages for human consumption and wholesale distribution. - M Funeral and Interment Services Establishments primarily engaged in the provision of services involving the care, preparation or disposition of human dead other than in cemeteries Typical uses include crematories, columbariums, mausoleums or mortuaries. N. Horticulture The raising of fruits,vegetables, flowers, trees, and shrubs as a commercial enterprise. O Laboratories. Establishments providing medical or dental laboratory services; or establishments with less than 2,000 square feet providing photographic, analytical, or testing services. Other laboratories are classified as Limited Industry ' P Maintenance and Repair Services. Establishments providing appliance repair, office machine repair, or building maintenance services This classification excludes maintenance and repair of vehicles or boats, see (Vehicle/Equipment Repair) Q Marine Sales and Services Establishments providing supplies and equipment for shipping or related tp//www gcode us/codes/huntingtonbeach/view php?topic=zoning_code-20-204-204-10&frames=on Page 2 of 5 HB -977- Item 13. - 51 204 10 Commercial Use Classifications 9/11/15, 11 38 AM services or pleasure boating Typical uses include chandlenes,yacht brokerage and sales, boat yards,boat docks, and sail-making lofts. R Reserved _S Nurseries Establishments in which all merchandise other than plants is kept within an enclosed building or a fully screened enclosure, and fertilizer of any type is stored and sold in package form only T Offices,Business and Professional ,Offices of firms or organizations providing professional, executive, management, or administrative services, such as architectural, engineering, graphic design, interior design, real estate, insurance, investment, legal, veterinary, and medical/dental offices This classification includes medical/dental laboratories incidental to an office use,but excludes banks and savings and loan associations U Pawn Shops. Establishments engaged in the buying or selling of new or secondhand merchandise and offering loans secured by personal property and subject to Chapter 5.36 of the Municipal Code V Personal Enrichment Services Provision of instructional services or facilities, including photography, fine arts, crafts, dance or music studios, driving schools, business and trade schools, and diet centers,reducing salons, fitness studios, and yoga or martial arts studios W Personal Services. Provision of recurrently needed services of a personal_nature This classification includes barber and beauty shops, seamstresses, tailors, shoe repair shops, dry-cleaning businesses (excluding large-scale bulk cleaning plants), photo-copying, self-service laundries, and massage as regulated by Chapter 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 sis �a�ssifficaton etail Sales The retail sale of merchandise not specifically listed under another use classifications This 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 lea Markets An occasional; periodic or regularly scheduled market held within a building where groups of individual vendors offer goods for sale to the public. CC Swap Meets,Recurring. Retail sale or exchange of handcrafted or secondhand merchandise for a maximum period of 32 consecutive hours, conducted by a sponsor on a more than twice yearly basis., DD Tattoo Establishment. Premises used for the business of marking or coloring the skin with tattoos as regulated by Chapter 8 70 EE Travel Services Establishments providing travel information and reservations to individuals and businesses This classification excludes car rental agencies FF Vehicle/Equipment Sales and Services http//www qcode us/codes/huntingtonbeach/view php?topic=zoning_code-20-204-204_10&frames=on Page 3 of 5 Item 13. - 52 HB -978- '04 10 Commercial Use Classifications 9/11/15, 11 38 AM 1. Automobile Rentals Rental of automobiles, including storage and incidental maintenance, bury excluding maintenance requiring pneumatic lifts - 2. Automobile Washing. Washing, waxing, or clear uig of automobiles or similar light vehicles. 3-- Commercial Parkin Fg acility-.Lots_offering short-term or long-term parking to the public for-a fee. 4 Service Stations Establishments engaged in the retail sale of gas, diesel fuel, lubricants,parts, and accessories This classification includes incidental maintenance and minor repair of motor vehicles,but _excluding body and fender work or major repair of automobiles,motorcycles, light and heavy trucks or other vehicles. 5 Velucle/Equ_npment Repair Repair of automobiles,trucks, motorcycles, mobile homes, recreational vehicles, or boats, including the sale, installation, and servicing of related equipment and parts Thus classification includes auto repair shops, body and fender shops,transmission shops, wheel and brake shops,and tire sales and installation, but excludes vehicle dismantling or salvage and tire retreading or recapping.+ Limited Light repair and sale of goods and services for vehicles, including brakes, muffler, inre shops, oil and lube, and accessory uses,but excluding body and fender shops, upholstery,painting, and rebuilding or reconditioning of vehicles 6 Vehic e/Equipiment 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 Velucle Storage. The business of storing or safekeeping of operative and inoperative vehicle$for periods of time greater than a 24 hour period, including,but not limited to,the,storage of parking low aways, impound yards, and storage lots for automobiles,trucks,buses and recreational vehicles, but not including vehicle dismantling. _ GG Visitor Accommodations. -- - 1 Bed and Breakfast Inns. Establishments offering lodging on a less than weekly basis in a converted single-family or multi-family dwelling or a building of residential design,with incidental eating and drinking service for lodgers only provided from a single kitchen. - - 2 Hotels and Motels Establishments offering lodging on a weekly or less than weekly basis Motels may have kitchens in no more than 25% of guest units, and"suite" hotels may,have kitchens in all units - This classification includes eating, drinking, and banquet service associated with the facility 3. Condominium-Hotel. Facility providing overnight visitor accommodations where ownership of at least some of the individual guestrooms (units)within the larger building or complex is in the form of - separate condominium ownership interests, as defined in California Civil Code Section 1351(f). The primary function of the Condominium-Hotel is to provide overnight transient visitor accommodations within every unit that is available to-the general public on a daily basis yearround, 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 bast 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 php9topic=zoning_code-20-204-204-10&frames=on Page 4 of 5 HB -979- Item 13. - 53 14 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 untended 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,-3788-42/07, 3842-11/09) View the mobile version I i ttp//www gcode us/codes/huntingtonbeach/view php?topic=zoning code-20-204-204_10&frames=on Page 5 of 5 Item 13. - 54 HB -980- f 1 f EXHIBIT NO. 9 xB -981- Item 13. - 55 r California Civil Code section 3482 . Nothing which is done or maintained under the express authority of a statute can be deemed a nuisance. Item 13. - 56 HB -982- i 1 EXHIBIT NO. 10 t xB -9s-3- Item 13. - 57 11 02 Commercial Districts Established 9/11/1,5, 11 39 AM �Sx"t .'tat;* ZONING CODE Title 21 ZONING CODE--BASE DISTRICTS Chapter 211 C COMMERCIAL DISTRICTS 211.02 Commercial Districts Established —_ - The purpose of the commercial districts is to implement the General Plan and Local Coastal Program commercial land use designations Three commercial zoning districts are established by this chapter as follows- A The CO Office Commercial District provides sites for offices for administrative, financial,professional, medical and business needs. _ B The CG General Commercial District provides opportunities for the full range of retail and service businesses deemed suitable for location in Huntington Beach. - C The CV Visitor Commercial District implements the Visitor Serving Commercial land use designation within the coastal zone and provides uses of specific benefit to coastal visitors More specifically, the CV district provides opportunities for visitor-oriented commercial activities, including specialty and beach;related retail shops, restaurants, hotels, motels, theaters, museums, and related services. (3334-6/97, 3774-10/07, 4038-12/14) View The mobile version ttp//wwwgcode us/codes/huntingtonbeach/view php?topic=zoning_code-21-211-211-02&frames=on Page 1 of 1 Item 13. - 5 8 HB -984- r _ t I t EXHIBIT NO. 11 HB -985- Item 13. - 59 CALIFORNIA CONSTITUTION ARTICLE 1 DECLARATION OF RIGHTS SECTION 1. All people are by nature free and independent and have inalienable rights . Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy. Item 13. - 60 HB -986- y 1 r c f I 4 EXHIBIT NO. 1-2 HB -987- Item 13. - 61 CALIFORNIA CONSTITUTION ARTICLE 1 DECLARATION OF RIGHTS r SEC. 26 . The provisions of this Constitution are mandatory and prohibitory, unless by express words they are declared to be otherwise. Item 13. - 62 HB -988- , i EXHIBIT NO. 13 HB -989- Item 13. - 63 2.2 Q$UIi.Dwo UsE REGULATIONS el VAN Mmuon An 6suhlAshin I.prov dFoyle theater$ AeFmtlOn, ell buisnassss selling Small scale rman.es 1 ing + For the purposes of this Plan all permitted and conditionally permitted building uses f°o5 or adivl4as For exeman food sod R orprWAdmg cone- Sault scale or food sales + ralaxation,or enjoyment that is a least nwiee tee$,to serve nearby"dtn- have beta.classified into Use Types Each Use Type u defined in text below and 15.000 square feet m sac and is a prove$ i a ighborhoods with as those hated Convenience starts a includes uses such as those listed in the aeeomPanytatg Use Ckatts.The Use Charts genenmr Of significant pedestrian traffic ]lclualesttns,cafes,bakeries niclode speci{Ic pennlGed,conditional and prohibited uses for each Use Type and sales such as tkow listed Florists a Hardware stares/lock& Uses lined as 'pus'iured°'in the L�CvdopimentStandards Chaps are fustier regulated keY + hesem and are defined as uses permitted by right subject to approval of a Site Plan — sFio Review Uses listed as coeedrrrond in this secbosi arc defined as those which require Video rentals spectai consideration either of their impacts on the neighborhood and land uses in the FMIn Fstablishnkmis Eating&dnmimg estabbsbater s vicinity and/or of their physical organization and design A conditional use shall be Dehniaom Restaurants,bars,dubs,or Full orrice a w/less shun 12 gams + considered For approval if the proposed use conforms with all requirements specified °the[dnAkmglentenammentcstabltah w!putdoordiahn on In the conditional use pohny,and if it conforms with dte goals and vision of the m`as si cli as those listed w/Live entertainment c Business S Plan - wI Dancing o Definition Small to medium stud hush Banks All permitted uses for a Angle Center or Segment are allowed either alone or in w/Aleobol a neases providing servic a to local buss- Matt/she ingserviees • combs moon with any other permntrad uses within psroeI Proposeduses chatera not Vendor carts, w aces or ads • nesses and residents such as most it sled ofgce ea ly eitpbcsily hated in the Uwe Charts maybe pertained if it is delarmtnedby the Planning Adult entensinmonl&ctln,es Phnte co & tin Director that die proposed uses asset the purpose and imiont of the Plan Special Conditions for Business Services Financial services keg e end Spatial t+artdimums far Eating d.Drtnlctng Estahlish's�nts — Not Parnatted (1) Vendor Cuts,space$or within the public nght--of-way shall rectum [1} o m*Mir services shall caw po to and m nhta category Tien ding that they Y�3 ere of&r services that cote[to and gerAerart padesatam traffic 9dter a Included Use lheac uses are allowed by n t sAtbjecl tc Situ Plan Review a conditional use permit d financial services uses ire to be considered under"3)Office,'in this Conditional Vic ill ac uses require a conditional use permit They are allowed (2) Chaos and Cobbs for outdoordmmg shall be perm itud.on sidewalks within section CT t�3 c planare dcomod by Cho approving body to moot the purpose and intent of the the anbecks ease and with The public right-of--way provided that h y (a) The use maint"a mmumum Svc foot wide unobsCucted gorse.of Definition Smell Lo madiWm rimed Beuherah s/hair&nail salons • 221 USE TYPE$ atdawalk corridor which is clear and unimpeded far pedestrian traffic twairieues providing eervxea to 1sea1 Tmmwmg anions$c MuN••' (b)The use keeps the full width of the building eorr ime clear and households such as Chase hsted •,�,.... YsgaB karuo studios • unimpeded for building access ntY eksaing esuibltalirixsns ct) Gcnerat Retail Requirements Sell service laundrotaaas (1) Knuctom interior huglit for ground level retail of all types is fourtoea a sq (14)feet from floor to ceiling Use conversions in an existing building bonds&Feted. may not be requt red to matt this raqutrement ']P�1'a011nl Hruridisnrait Satrvleu Defimtnon Graro[ni retail asrabIishments A vd do accessory stores • Definition Provision of inSlrnCttonal fhnve[education, (2) Any uses featuring outdoor sales or outdoor storage not ekarty ancillary selling quality/specialty goods such as hook stores services at facildics Yogs,dance mutual its,or outer + to use shall require a Conditional Use Permit those listed Art allenea + Atness stud— • Large Scale Goods goods that•duo Open air markets a — Fine arts A,crank — • Deftmuon A rcgtomal destination' armient stores • to itteR S=may require close accea9 Second hand/arinquc stores + Gnon-food retail store that is at least General mewbamdisa stem . by can and trucks such as appitances Appliance&ekdroaics stores • 12aAce Qmfflawqql&Repair 30,000 square feel in sire and is aprov- track supers[oM . electronics,sporting goods furniture. eithn ods stores a Definttwa Businesses Providing plumbing sconces • en gerurator of stgntac@at pedestrian and home furnishings Funwlura&home fumishings scrvsas to industry,services that us Vacurn cloame,sewmg,and appli- traffic and sales such as those listed Electronics superslores stores • 'industrnl in suniM at servicus that are anti repjejr a Qualayhomr,depardment a — best 9utEd to as mut"nented eaviran• Ge8 motions C - man such as these tilled b lnammuni ®ri to Anchor: eomwnerc{ml ReereaHan 6 E ant i Lae Scale commerual Goods Q Dafimnton A"local destnation'con- Supermarkets • beCmuoa Estobinhmems provhdmg Staall seek movie'heaters • Definition Susnne.ses whose pnmuy warehouse retail realms;store Cat its at least 15,000 Specialty food markets a resources or acliv'tra5 for exatcrse, Dowlingsealers R billiard arlo[a a activity rs the sale arc repair of lugs Mly t retail sqW few in snag and is■proven 1'harmaehes 1k convennuice rdazatiM or ayoyment suchas ics. Health&exercise clubs @ scale/commercial goodstfia arc hoton sat ty tonerator of pedeaatan traffic and sales luted particularly well muted to pelksirian0 such @s those Itsied sat eras Amusement areada9 is and knit require close @Cass byi supplyGeiraitunihy anented aiusiurs Cars#id tn4Ck;aWCh @9lhtlse 1lfiad sores V GQ over 65,000 a f 2$ {�f 1 A^t v t� kn r—1 m V�hide5ales - )a � g > u� 1 i u v_, 0,�4 F e 2 1 SPEGIAL R!?TA3L['QIYFIfI#TRATI(SIY$ De4nitioo Businesses that sell any Motor vehicle sales a D.F.O.Short tame enmtehercnl lada- Bed A brsakfW t houses kind of motorized ve icle such as those Ing rawlnies such as those listed Hostels • ]).]]e on' �,t_-.;ss l Hotels&mettle • Special Retail Configurations lunitthestze of indhvidualtenanta and the total amount of Fete!)Permitted for Noghbodmod Center and Comer Slore retail"clusters"as well as the provision of dnve-through services Definition Services(hncludsng edoca- Raft asse ors mbl • 1 };s WP.rrR9RCr[ji �, y�� e; ; Im and utrltlaer),cultural mn5ntntlDM% Baseball.roolbal soccer,lea ens, Definition.A dwelling unit in which they ,Lafe-waft units I2 -+rs_,� fl¢$S�:i. ,v l' and recreational Utilities made avail- G • oxupaal cnaduds a home-based burr- i, , .,,i''; ',_ ,s said ether a Fetlds and coolie able to the general public far free oral. Community ecascrs rwss Dremelpnse 1 r) Where retail Is permitted as part of a Neighborhood Center,Corner Stare,or rmsoarbtc cost such as those fisted - +Educational Faabttcs L) Special Conditions feu Lave^Work i drive-through it shall conform to the following size and location requirements • ][door pubite recreation facilities ■ (1) Work activities that require hazardous assembly,mcluding fabrication $) Nughbarho0d Cenier L betas • manufacturing,repair, or processing operations srteh as welding and Exhibition,convention,or confer- woodworking,or venues including the handling of animals shall require a �1ermiation A retail cluster[Fora or more abutting Itsho rood a personal establishments)v consisting ence craters Conditional Use Permit of vt&goods confe rviceslcoce uses,rmaloseek y Festdog,and ugh o rh rerviccs that Ch halls • provide goods and services arnenanes to nearby rc5tdentnal neighborhoods (2) The maximum number ofcrnplayees not including the ownedoccupant tr Hospitals c Ian iced to Coro per nRli ! 1) Special Condmorts for Neighborhood Serving Retail Courthouses • (1) Limited to a maximum of two community onented anchors Museums • (3) Once established,LiwWork inay not be eDnvened to a solelycomraeretal performing ens frnlatics or busi nets we However Live-Work units may revert to sole ly residents) (2) Limited to a maximum of 25,00D square feet of rion-anchor retail Stadtums,not metw irtg stadiums use (3) Limited to a maximum sine of 5,000 square feet per Eattag and Dnnitug C t for Profesuanal sports teems c establlshtncnts swimmmgpools r:R@§�£IltI2l-rt , +,:_.i+.. - _ ae F �Y (4) 6anditional We Permit Development including non anchored retail uses � Post offices 14ftnhtion All owner-and renter-occupied dwelling,units,including stturetted and exceeding it total of 25,000 square feet L t Transit faellities,lermsnals,& detached houses,multi-unnt buildings,manufactured and mobile homes Ix Fat oe stations&fire alaticns • b) Corner&ore i. a Mullidlam uanth Carnation Loh tans _� Definition Buildings tkst�ied as a Dwell lot units,accessary • Definition A strait store of cluster Df starer integrated into a larger building on � �p k- -r ,Ls residence for rrwlb a househohls.here Dsvelh unit tors or [be comer of a city block Carver Stores conxsl of(permerued)eanventcnce uses, 3 `00MCe ''t -, ,,,.},`^n;'Y:+; '�K �-.';.;;ur1 4 Pn Ya small-scale she and ersanal services drat serve homes or businesses located m .v..� �),as+.arm"P r,,, c same dwelling antis aro accessed frow a mole hausetPdds er suvetute • ling P sergym common lobby entry or shared hallway wnthaa easy walking distance Defimtioa Workplace uses including Research&developmerit offices v i) Special CarAixins fir Comer Store Retail professional,admimstiauve,research Edumuceat&Invi tutiomi of5"3 • and dove) ant,fir>atceal and educa- I+ MuIH Yvt Individual Ent (1) A maximum size of2,500 square fort peruse N op'ti Print&elects mre media offices uonal act vib [newspape, es for businceses,uAtvtdu- ma , DeSnnitan Buildings designed a¢a Dwelling units,sexsmry (2) A maxim aim size of 5.000 square feet cola]yen cluster gaxtnc,radio • residence for multiple Dwelling ultiple households where Dlir alp and ton-profit organixutons such as iadc.,iswn g units primary sir trios or • (3) Caadluonal Use Pelmet lodlvW sal Uses larger than 2,3(80 share listed Data or telecammuhucantitts aF ad dwelling units have a dedicated more households r structure � square feet Data • entrareee accessed greedy Iom apubhe provided that the use is unique and not already provided within One(t) sidewalk mile trade i rtt W Any otherproressranal wtetuitvc, or adnunistratire office use • �(4) Comer Store Retail must be located an the comer of a blocL,and die c Atlachod Sln le-Famf Hrltaes enhance mint face a public street,square or playa space U --�.-.- Definition Attached honey on separate Dwelhn units,accessory m) Parkmg spaces jori nded for Comer Store Uses muss be located an streets Off- 5etvlees parcels sharing common walla with each D.slimg units,pnrnary one • street parking is di seounrA for comer store and shall require a conditional use a Deli nu ton Medical worl.place uses and Mod Pori 4L denial offices or fact)!- home fmturing an entrance accessed houshoid M structure • Pal direct) from a public sidewalk establtshmenla with employees with nos �t � Y P y medical licenses such as those Iisted Indoor veterinary cluaics a 0) D`rIYB-Throng p Acupuncture,physical therapy, Definition.Service from a building to perswis in vehicica through anoutdoorservice chiropractor , Dewched 5 ''la-Batrtdl Homes window ""b Psychiatric Dchniuoi A detached budding Dwelling units,accessory �, Mortuary services stgriad as a mideree�r one household Duelling tint is,pninam one • '� howholds structure • ; G P4 29 a l 2 2 3 AFFORDABLE HOUSING REQUIREMENT d} hdFiscellarieass Provisions This section contains standard and guidelines to ensure that affordable housing is i) The ennditioins of approval for any project that requires affordable units shall provided throughout the Specific Plot*area conaistentwith the City's General Plan specify the following items 1I Housing Element (1) The number of affordable units, fl}<Regeslatlrin:r,': ry l ,b ;,s,4 ; ;•r q rr (2) The number of units at each income level as defined by the Califoniva i t �'r S ._ ..'iL;w Health and Safety Code,end d3 tr'erreral 1 (3) A list ofauy Other incentives nffercd by the City This section shall apply to new reudenti At projects three(3)or more unit&to sir u) An Affordable Housing Agreement outlining all sapscts of the affordable housing provisions shall he executed between the applicant and the City and t b) Regurrements(or sonic outer appropriate title) recorded wtlh the Orange County Rccorder's Office prior to issuance of the first building permit For rental projects,the City Development Agreement ! 1) A rnrn[mian of 10 percent of all new residential construction shall be affordable shall be used ! housing units,unless the project is within the redevelopment project arm,in which case the equivalent of l5 percent ofell new residential consruchon shall sir)The Agreement shall specify an affordability term as spcciScd by Section be affordable housing units 230 26 of the Huntington Beach Zoning and Subdrvvuto Ordinance i is) A Ciry Developtrica t Agreement shall be required for projects that mcludc IV) All affordable on-s[teunits in a project shall be constructed concurrentlywith or t rental units prior to the ctinsavcnr$t of the primary projectw in unless otherwise approved through a phasing plan Final approval(occupancy)of the first market rate ! in) For sale units mehndcd in the project shall be made available to moderate residential onats shall be contingent upon the conpicuun and public Availability, income households as defined by Cslifumta Health and Safety Cade Section or evidence of the applicant's reasonable progrcm towarda •trantment of A5u093,Ora sacccesor am Me completion,of the affordable units IV) Developers of residential projects may elite[to pay a fee in lieu of providing the v) All affordable units shall be yeasoably disparsed throughout the project f V j units on-Otte to fulfill'the requirement of this section as allowed and pursuant unless othcrwue designed through a maser plan,shall contain on average the to the requirements of Section 230 26 of the Huntington Beach Zoning and same number of bedrooms as the market nic units in the project and shall be 01 Subdivision Ordinance comparable with the market rate units in terms ofmteri or appearance,materials ` w v) Developers of residential projects may elect to provide the affordable units of and finished quality on off=sue loratroq. If affordable units arc riff-site,they must be under the[hill vi) New affordable units shall be occupied in the fu flowing manner µ, r v control of the applicant,or other approved party and must be located within the Brach Edinger Corridors SpecificF Ian area boundary (S) 1Presidennai rental units are being demolished and the existing tenants) o meets the eligihthty requirements,hclshe shag be given the right of first vi) New restdennal projects shall include construction of an entirely new project ref utel to occupy the affordable units(s),ar ar new units added to sou misting project For purposes of determining the 1 requued number of affordeb to housing units,only new units shall be counted (2).. If there are no qualiftcd tenants or if the qualified tenant(s)chooses not to ea i mcrelse the right of first re$sal or if no demolition of ruvilmhol rental C] Off-Site Contstrucffurr afAffordable Units units occurs,then qualified households or buyers will be selected i) Except as may be required by California Government Code Section 65590 or a mcccasor statute,developers may provide the required affordable housing off- e) Price ofAffordable Units , sa site,at one or several sates,within the City of Huntington Beach in the Beach Affordable housing cost shall be calculated in accordance with the Code Section Q Edinger Comdors Specific Plan area 50052 5 standards for ownership units and Code Section 500D standards for retinal n) Off-site projects may be new canstructim or substantial rehabilitation,As units defined by the Code Section 33413 affordable housmg production requirements, of extating non-restricted units conditioned upon being restricted to long-term f) RpfitrCp,d FEesfor,4f}rordable Housing aaffordability 'At Rt,h^mots identified in the Housing E4ement or mobile homes may be used to satisfy this requirement + Projects that exceed mclusionary requirements on-situ will be eligible for reduced City fees, pursuant to an Affordable Housing Fee Reduction Ordlnance,upon iti) All affordable offane braising shall be consmactcd at rehabilitated prior to adoption by the City Council W or concurrently with the primary project, Final approval(accupancy)of the ' flrst[narhet rate residential units shall be contingent upon the completion and g) Density Benton lnrentn,es "+ public availability,Or ewndeMe Of the applicant's reaSUnAble progress towards attainment ofcomph:nou,or the affordable units Projects that mccr the Affordability provisions of Section 230 14 of the Huntington Beach Zoning and Subdivision Ordinance for density bonus shall be granted an incentive(s)or concession(s)pursuant to Section 230 14 30 i [ �D _ r c{i i..i This chapter sets forth definitions of Oatattt words or phrases used in this Code tri Block Perimeter - order to promote consistency and onifoamnty in their usage,thereby fecilrtatng the The total icalth of the public rights-of--way along all block facts interpretation of this Plan The meaning and construction of words and phrases as Breezeway set ford[in this chapter Mall apply throughout the Plan unless the context clearly A covered driveway or walkway pcnetranng a building to connect to courtyards, i tudicates Otherwise Definitions contained in the city's Municipal Code shall be parking areas,or alleys at the manor or rear of a parcel applicable except'when in couthat with definitions contained in this chapter OF elsewhere in this Code,in which case this Code's definitions shall prevail Buildtng Accessary Bmldrn� Any structure having a roof supported by cOhrrrms or walls for the houstng or enclosure ofpenont,animals,chattels,or property ofany kind. A building at structure which is located on the same lot snd customanly,tncidemtal and subordinate to the Primary Building or to the use of land curb as a garage Building Compositloo Accessary buildings may be freestanding and arenotconsrdercd part o€ttc Primary A biuldung's spatial arrangemcni ofmasses and architcrturai elements in Warren to Building Me=when attached to a Primary Building Typically accessary building each other and The building as a whole uses include vehicular parking,storage of lawn and garden equipment,storage Building Disposition of household items,.Play house or green house Accessory buildings may include The placement and onentanon ofa buildsng or buildings on a parcel habitable area such as a home office recreation room,guesthouse,or limping rourn(s) But40"Bah elope Accessory Dwelling UnitThe maximum space it building or buildings may occupy on a parcelON A separate,detached,complete houaelecping unit with kitchen,sleeping and full Building Haight bathroom facilities,located an the same areal as APn The vettmnal extent of a building measured n feet and sion g i p Primary Buildingbut subordinate & +�,not including a raised in am basement nr a habitable atbo Active Loving Spaces Building Orientation Habitable spaces such as dining moms,living mom6,orbed rooms that accommodate The dtraction that the primary building fecade of a building bees Irving activities Building Placement r Active living spaces do not include Lichens, bathrooms,partially submerged The tenon of a building on a parcel basements,or utility spaces Building Whine Alley Part or all o€a building's three dimensional bolo.. Apublicorprivatewayhaving to ultimatewidthofstot less than20feetpormanesrtiy Context reserved primarily for velucular service acccas to the may or side of properties Physical surroundings including a combination of architectural,natural wid civic otherwise abutting on a strceL elements that establish a specific district,neighborhood,or block character Alley Setback Corridor The required mmimurn distance from an alley's edge of pavement to any building The combination of all elements drat characterise a roadway This consists of ail Articulatton elements wdhn the public right-of-waylstreet(the vehicular realm 1 thoroughfare The use of amlareumtral elements to create breaks in the horizontal and vertical and the pedestrian realm 1 public frontage)as well as each adjacent property's surfaces or massy of buildings Private frtttage ` Baae Corridor Centers and Segmeatt A base treatment is a honzonml articulation of the lower part of a building fKade's An area as defined in the C©mdon Centers and Segments Map whose urban form design that serves to establish a hurrian scale for pedestrian users and passers-by has a unique character within die Plan Area The range of Corridors Comers and and aesthetically'ttes"a building to the ground. Segments forma the basic organising principle for the Plan's Development Coda Block.. Corridor Centers ano Segments Map An aggregate of land including parcrks,passages,tear lanes and allays,bounded T map that designates Condor Centers alit Scgnieitts and dctcmnces which by streets or railroad nghtr-of-way An alley does not constitute the boundary of a Teg'irlauons m the Development Code apply Apo sack pmaperry wiiltiu the Plan Arca o Block 133 Development Code Froutsge Coverage Zane Open Space(Pabhc&Prit ate) Prtuary Entroace The elispier of the Specific Plan containing all Standards, The space between the minimum and maximum Sour yard Land tbat may be used for passive or active recreation Them The mam/prmctpal pout of pedestrian access into a building Regulations and Guidelines that apply to development within setback Imes and the mirimiurn side yard or side sweet setback are a wide range ofopen space types including parks plazas, configured as a Private Frontage Type the Plan Area ]nits yards and other eontlguranons as defined in the Mvelapment -�V tellrontagd Dmalty Frontage Line code 1)The portion of a property between the back of sidewalk The number of dwelling units within a standard measure of A property Ime that coincides wah the corridor public right- Pared arAsumhled Parcel hue and the primary building facade along any Street land area usually given as units per acre of-way A legally deflncd area of land under single ownership Z)Poroons of all primary building fmadcs up to the top of Development Regulauons Frontage Tve Parkin$Lot the first orseemd floor,including building entrances,located m All Standards and Guidelines contained within this A specificeartfiguntion ofe rionts that define how public or Apaved area,usually divided into hndrvtdual spaces,sntended along and onented a sweet or move open space document private frorntag m may be designed far parking vehicles Physical elements ofthe Pnvate Frontage mclude,but am not Driveway Garage Plrkang Strecture limited to a building s prm acy entrance treatments,setback i A vehicular lam within a parcel,usually leading to a garage A building used for vehicular parking with no internal A inactions used for parking or vehicles where parking spaces, at ass and property edge treatments or parking area ...h m turning radius,and drive atslea ate incorporated within the Property Dwelling Unit Guidelines structure An indivsduaVown t'f land,including land improvements One or more habitable rooms with only one kitchen,and Principles that provide direction regarding the preferred Pardatly Submerged Podium and any permanent fixtures on the land including buildings desagned for occupancy as a ion¢by one or more persons method of addressing specified design considerations. A parking structure built below the main building mass and trees and other fixtures living as a household unit with commen access to all living, Conformance, with guidelines is recommended but not partially submerged underground Property Line kitchen and bathrooms arms requaiad Passagelpises The boundary that legally and geometrically demarcates a tnfreat Mistone Rasotree An st-grade pedestrian connector passing between buildings, property To be located along a frontage hoc. A building,site or feature dhar is a local,state,or national providing shortcuts through long blocks and connecting Pnbtic Frostage historic landmark. sidewalks or front yards to rear yards,parking areas,and i The area between a thorough tire curb face and the back of Entrance or Entry opeut spaces A point of pedestrian access ioro a building House Scala sideivak,line Physical elements of rho Public Frontage Figsde. To be roughly equivalent m stse and mass to a detached single Path A pedesrian or bike)way cover a r6,or rural ar Monier s but are not limited m the type of curb,sidewalk. ,�, family house d ) Y sing Pa ea. p trip.street tree and srineelliglit t The exterior wall of a t iulding The front of a building or ° with landscape matching hhe contiguous open space �[} any of its sides facing a public way airspaces frequently Hteiwaa Scala public ftlght-Of--Way �y distinguished by its architectural treatment To have the sine,height,bulk,massing,or detailing that Plea Ares For purports of this plan,any area dedicated or subicet to M. creates a comfortable relationship to humans The lead whose boundary includes all the properties that public fee owner slrtp or an casement fir public use for Parade Composition must adhere to the regulations within this document vehicular mAVor pedestrian travel including,but not limited The relaumship bcnveeu individual elements of a fagadc as Liner Buildmy7]rea I they relate to the facades overall design,articulation,and A portion of a bwlthti&with distinct,habitable uses located Ple unse and Euild rig Director/Desiguee ta, .alleys,and sidewalks organization along a property frontage such that it'°conaeals the larger The head of aeny's planning and building department or other Public Rlgbt-@f-Way Line building behind Typkslly, Inver uses are Sorated along individual who has the authority to make dects tons regarding The boundary that legally and gcometncally demarcates the FarpMe offset parking garages or large forrnarfanchor retail buildings the implementation of"regulations within this plan Pobbe Right OFWtiy A horizontal or vertical plane break spanning a blade when `I ,Public Wariw rectorlodfCo. r Main Entrance Plante r gP one portion of a fa de sera bade from another l l ° ° h ! f 1 ` I 't f 1 6 i JJ I See primary enna icct t I ; I�n a rnen of ut�``�tblia frontage '�redl l�, the; i e(head'of�at City` public'•wa�ks tjment pr vy[her Floor j iii t 'side andthe�licrduglh€aicuub'fa ,which' lAm,,�a�s' tviduaIwlphas. sutbontytolritakg46 hons'1Tga tmg See story Malty FamEly I t E C h I Iandsing, mchldmg sc trees t la�tel�' ps b6 kw impkmenfanon ot1ttnt regulations wh to this p3an k From Street The use of a smile building for rwo or m dwellings I, oantrnuous or individual "ryard 1 � A street that a building s primary entrance is oriented Codeiued Acollecnon of regulations Utah guile local gaaverrtmeri4 Prir11R1y Building The setback g The area that results from a rm towards A mum/principal budding on a lot, mcluding parking Rear Yard Setback Open Space(Umble) structures and excluding accessory buildings or structures, Front Yard The distance between a rear property line"any 6urldsng. The arm that results from a front yard actback. Any side yard,courryard,or other open space that is accessed with a primary facade located within the frontage coverage dtrectly by pnmxry entrance(s)to housing units or office sonar Reguldtions Front Yard Setback spaces Outdoor or unmelosed area on the ground or on a Regulations include Regulatory DeBmnons The rules and The distance or range of distances (expressed inboth balcony deck,porch a terrace:designed and accessible for Primary Building Fssada Patfunnawe measures that define Regukuona and establish >1 minimum and maximum)required from the back-of-sidewalk outdoor hiring recreation,pedestrian access or landscap The mamnlprtna pat liFade of a building drat faces a street oeung how Standards applyto properties Regulaory Dcflnnians da to the primary building facade along a atrset Usable open space dons not include parking facdtues, 'open space not very from one District to another Frontage Cererage driveways,utility or service areas Primary Buildmg Mass Regulations include General Rcqunrcmrnts Performance a The minimum percentage of the length of the frontage The most prominent portion of the Primary Building's measures that do not nary from one District to mother coverage zone that shall be occupied by a primary building 3 dstnernstonal bulk 00 � facade(sj � _ 134 U ia+ 1� i ty`) I� Ribbon Windows Strut Windows Ribbon windowsareasericsoflaag,barizardailyprsopornuned The combination of all elements vnthin the public right-of- Openings in a building Rode mist allow light aitd/orair into windows interrupted by verucal mullions way the vehicular realm 1 thoroughfare and the pedestrian the building Roof realm/public frontage Zoning Ordmance The top surface that covers a building Street"rypc The Toning Ordinance of the City of Humnngtod 9e11011 + Services A specific configuration of elements that define haw new Activities and,in some instances,their structural components streets may be designed that retain to the n ontenal[ce and baste functioning Straetserpe t components afemob land use These Activities may include,but The composition and design ofall elements within the public are not limited to usah and recycling areas and aboveground right of way the vehicular maim 1 thoroughfare (travel ' components of wet and dry uttlsne+s lanes for vehicles and bicycles,parking lanes for cars and shop(rent aidewalks or paths for pedestrians)and the amenities of the pedestrian realm/public frontage(sidewalks,street trees and tr specific private Fran€age type Shitil u s are s primary plantings benches stseedighM etc) treatment far ground-level cnmmewroxa!uses,designed tnr , active ground floor aetivines including retail dtnmg and Sustalaabllity personal sere m Physical or design elaueats that improve environmental Sldewatic performance,.efficiency,and livability to" meet the needs The paved area of the public fnantagc dedicated excluarvchy of the present without compromising the ability of fhture io pedestrian activity generations to meet their own needs"(quotation from the Our Common Future,World Cnmmuston on F.nvtmnmcnf Side seehacti and Development,United Nations 1987) See Side Yard Setback Tandem par ldag tfii Side Street An off-street parking arrangement where one. vehuele rs t�. A street along a corner parcel that is not a flout street parked behind the other Stde Street Facade Thoroughfare h The facade of a building that typically fho s a side street. The portion of the street between curbs that includes Al Side Y+rd vehicular lanes,including travel lanes,min lanes,parking The area that resul to from a side yard setback laiws Side hard Setback Towakoum The distance between a side property lute and any structure A home that is attached in one or room other Louses,and requiring a building parmit which ants directly on a parcel of land that is owned by the owner of the house Sign Any medium for visual communicanains,which is used or Urban Design Concept intended to be used to attract attentxai The district stmcrarc which serves as the conceptual basis for Significant flue regulations cantain.d in Book 11 An important part or area,or a large quantity Use(as a verb) Sigatfie"i 4dditiom: To occupy land or water in any manner or to establish,carry out,maintain or commue any activity or development on tared Addurwnsgreaterttuaad5%of the6utfdingsI4aorarea or in watcrtegardlesrofwhethcr the acnvityor development is Sungde-Family established earned out,maintained or continued in it manner i The a single building for one dwelling that unlizes buildings or structures on land or in water ii i Standards Wall Cladding All required devcbopiriant.specifications(such as permitted The exposed materials of a faga de that primary walls,.base, I' land sae types, building height dimensions and setbaalk wall accent,tom,and other articulation Acnictins are made of dimensions)that vary from one District to another or covered with 7 Story Window Wan A habitable level within a building as measurod from finished A wall entirely designed with windows usually from floor rn Moor to finished txtlang Attica and raised basements are not to floor q] considered stones for the purposes of dererinmuig building height [� � 13S r - I 1 b EXHIBIT NO. 14 Item 13. - 70 HB -996- 9/11/15,;11 47 AM 0 06 Fees and Deposits d C� �s tF xt Mt'Siit Print Ho :ra:`es 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 snap or text amendments, or any other approvals as required by this ordinance code, or Rlmg 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 _ t Atp//www qcode us/codes/huntingtonbeach/view php7topic=zoning code-24-240-240_06&frames=on t Page 1 of 1 HB -997- Item 13. - 71 EXHIBIT NO. 15 Item 13. - 72 xB -998- 1 EXHIBIT NO. 16 HB -999- Item 13. - 73 i �{ CITY OF HUNTINGTON BEACH ,I i ASSisffit6 CiEy At6orney OFACE OF I= AmigaPsi D adra Crff ATTORNEYt y t=iMC0&MwM rY X080 mat Sty° Jww F - �chael E. Gates Random C"brats 9264& t W , lopho 714) City Attomey 'f c� '1c 4r714`}3�1590 Daniel K Ohl i De�+n9C�r'4eY I` fF i m �I March 30,2015 Business Uce sing City of Huutington Beach " 2000 Main St. P Hundngtom Beach,CA 92648 Re: Ke&W Mari%mna Dispensades Prohibited I f � D Business lliceming: As you know,Medical Mariji lana Dispensaries are not a pad commercial,retal,or atha F use in Huntington&achx T1;Hundnvn Beacb Zoning lmd Subdivision Ordinance(BBZSO)dme , not recognize time dispensaries as licit or legal retail or comnh=W establiAnaents,and.the Pimbing f and Btuldmg Director has consistently made the same detewlination. is 2005, the City enacted a. moratorium on these types of dries. 14 2007, the City i; Couch amended tl=HBZSO to elate Medical Mar4uana Dispensaries as a permitted(non lnofk, f for-profs#, retail, comm=iat, or o*=7 se) use within.the City. Accoadinly, Since 2007, M04al i 1 Marijuana Dispensaries have not been listed as a permitted use in the City and are thereby prolnbii ed i in any zoning district in the City r Moreovex, on March 2, 2015, the City Cecil voted to have an Ordinance ammdm prepared that adds expressly articulated language to the CWs Code(MnO dm Medicd M4UM F Disp=m es aze prowbited,period. This recent Council directive for as Ordinance =mdmmt d1W j not change the City's longst=1ing prohibition against Medical Wfaijuana Dispensaries, it just des i the law clearer. E , f � r • I f � R i Item 13. - 74 HB -1000- i �l - March 3€1,2015 - - 1Page 2- _ 1 i - 11 Cots hm consistently armed the City of Hun inin Bead's position. In reo...ent 10 fewer Um three Modic d_Marijusnz Dispeasm ies have be ea shut down. In fhct, on,Riday,W4 27, 2015, 1he Orange, County Superior Cowt. Htmringtm Beach's recut for a Prelir .-y 4 14unction against. a Medical Mariju= DiVwsa?. It is not pminitted to operate in Hanllng#on Bera�ch. `, } Based upon the foregoing prohibitive poRvy and legal.authorities on this bapic its the Cite,auy Business License applicant who seeks Qor�l3ech Business Lim open a opeaa a Modical Mari ua a Disp msary vi11 not be provided an application, nor will the applit nt pay €he application.fee. The p IR2E seedy a Susitt Ice vain ntat be ps ided as application under Hu ntn tati Beach Municipal, Code Section 5.0&360, no license she11 be issued to 84nz " failing to present all apprugriate Haag�,ar who has filed to comp]y with s�sy rsther pravisioa of City Codes. 1 - u jy att pt to apply for a Bt:si=s License in fi& of the foregoing prohibition agai* Medical Mmijum Dispensaries is futile. However, $-cording to BBZSO Section.202.08 Rules for Win,any applicant has the rigbt to appeal an iateqretatioz ofthis prohibition to the Planning C=naissian,as provided in Titic 24 of the R BZS0- I I£any applicant has any question abut dit City's laws atWor policy on dais ems,OWN a* the applicant to write to my of ce. I will provide a written response to the applicant after remipt of a written request. Thank you a4glain,faf2ow coopetabou, ! F } A�fi l E,C-tes R City Attorney ' 1 - City of Htmtingb=Beach. _ I _ 1 , f } . } } i HB -1001- Item 13. - 75 EXHIBIT NO. 17 Item 13. - 76 HB -]002- 1 MICHAEL E GATES, City Attorney SB 258446 l 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 u 8 [Proposed Order] 22 DATE: January 14,2015 TIME: 1.30 p m 23 ) DEPT: C-10 JUDGE: Honorable Linda S.Marks 24 25 I, Scott Hess, declare: 26 I am a competent adult over the age of 18 and have personal knowledge of the followmg 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 1x13 -1003- Item 13. - 77 1 of Plaintiff s Ex Parte Application for Temporary Restraining Order and Order to Show Cause re 2 Preliminary Injunction. 3 I am currently employed with the City of Huntington Beach and have been continuously 4 employed with the City for thirty years. I am currently the Director of the Planning and Building 5 Department and I have been the Director of Planning for six years. The Code Enforcement 6 Division is under my supervision and has been for six years. I am familiar with the City's land 7 use zoning distracts,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 10 The City's Zoning and Subdivision Ordinance is comprised of Titles 20-25,with each title 11 containing several chapters and each chapter containing several code sections The Zoning and 12 Subdivision Ordinance is permissive in that it lists the uses which are permitted. Chapter 205 13 entitled Use Classifications, sets forth which uses are permitted It lists uses under Residential, 14 Section 204 06, Public and Semi-public, Section 204 08, Commercial,Section 20410, Industnal 15 Section 204.12,Accessory, Section 204 14,and Temporary, Section 204 16,use classifications 16 The use classifications describe and group uses having similar characteristics,but do not list every 17 use or activity that 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 may be appealed to the Planning Commission 22 The operation of a medical marijuana dispensary is not a permitted or allowed use as it is 23 not mentioned many 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 apeinutted use It is 2,5 a use which is substantially different than other uses in the classification No appeal has been --------------------- 2 6 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 HESS IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER Item 13. - 78 HB -1004- -1 approval prior to the issuance of different types of permits, certificates of occupancy,business 2 licenses or utility service connectio in Section. 3 I declare under penalty of perjury under the laws of the State of California that the A 4 foregoing is true and correct. 5 Executed this_[. '"day of ,2015 at H tington Beach,California 6 7 Scott ess 8 i 9 10 11 12 13 14 15 16 17 18 I 19 20 21 22 23 24 25 26 27 28 14-4302/115573 3 DECLARATION OF SCOTT HESS IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR ORDER TO SHOW CAUSE RE PRELMNARY INJUNCTION AND TEMPORARY RESTRAINING ORDER HB -1005- Item 13. - 79 PROOF OF SERVICE OF PAPERS 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 and 5 not a party to the within action, my business address is 2000 Mai Street,Huntington Beach, CA 6 92648 7 On z�//S ,I served the foregoing document(s) described as. 8 DECLARATION OF SCOTT BESS IN SUPPORT OF PLAINTIFF'S EX PARTE 9 APPLICATION FOR ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER 10 11 on the interested parties in this action by placing a true copy thereof in a sealed envelope addressed as follows 12 Huntington Beach Care Givers BY HAND DELIVERY 13 17416 Beach Blvd. 14 Huntington Beach, CA 92649 (714)475-5502 15 Cristian Peirano,Esq VIA email to clp@peu'anolaw com 16 Peirano &Associates,Inc. 1666 N.Main Street,Suite 350 17 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 /�/3 �} ,at Huntington Beach, California 22 23 oan Naideth 24 25 26 27 14-4302/115 573 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 13. - 80 HB -1006- 1 SUPERIOR COURT OF THE STATE OF CALIFORNIA 2 COUNTY OF ORANGE, CENTRAL JUSTICE CENTER' 3 - - - 4 CITY OF HUNTINGTON BEACH and ) PEOPLE OF THE STATE OF ) 5 CALIFORNIA, ) 6 Plaintiff, ) 7 vs. ) Case No 30-2014-00745511 8 DANIEL GARFIELD RICHMOND, ) HUNTINGTON BEACH CARE GIVERS, ) 9 and DOES 1 through 50, ) Inclusive, ) 10 ) Defendants. ) 11 ) 12 13 14 15 DEPOSITION OF 16 SCOTT HESS _ 17 SANTA ANA, CALIFORNIA 18 FEBRUARY 23, 2015 19 20 21 REPORTED BY: PATRICIA A. PAGANO, CSR 8406 22 23 24 25 1 HB -1007- Item 13. - 81 1 to the zoning code open for the public to come and look at, 2 corrects 3 A Yes. 4 Q All policy decisions -- 5 A Correct. 6 Q -- is that correct' 7 A Yes. g 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 break? 11 MR. PEIRANO: Sure. Let's go off the record. 12 (Recess ) 13 (Record read.) 14 MR. PEIRANO: Let's go back on the record. 15 BY MR. PEIRANO: 16 Q. Have you issued any policy decisions with respect 17 to medical marl3uana at all'? g 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 unfairr 23 A. No. 24 Q. Did you feel it was incomplete? 25 A. Yes . 39 Item 13. - 82 xs -1008- 1 Q. Okay. What would I have needed to do to make it a 2 more complete question for you? i 3 A. Written policy or verbal' 4 Q. Well, before I -- before I ask you that, I read 5 over the zoning ordinances and specifically with policy 6 decisions. 7 A. Uh-huh. 8 Q. They're supposed to be available to the public to 9 be read, so I don't contemplate that they would be verbal j 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 i 25 what it is. Do you want to know that? 40 i xB _1 QQ9_ Item 13. - 83 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? 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 13. - 84 HB -1010- EXHIBIT NO. 18 HB -1011- Item 13. - 85 BOUT BUSINESS LICENSES... . . elcome to-the City of Huntington Beach business ® • s ^ - e mmunity This information guide is intended,as a - - - mmary of information you will need to know in You can obtain an application from City Hall, or ter to operate a business in Huntington Beach download one from our website at A' Certificate of Occupancy — required by t :is guide is provided as a public service It is not \AAM huntinatonbeachca gov Look under the Planning and Building Dept for businesses er -inclusive and an specific questions should be Finance Dept for Business License Complete the commercial or industrial location Call (71 Y p q application and bring it to City Hall on the 1" floor, 536-5271 or pick up an application from C acted to the Business License Division at (714) g Y 6-5267 Clanfication and definition can also be 2000 Main Street or mail it t4 Business License, Hall and in the Huntington Beach Municipal Code, P d Box 190, Huntington Beach,CA 92648 If you / Fictltious Name (dba) -- must be filed if y le 5 A CI of Huntington Beach business are in a commercial location in the city, you may choose a business name that does not inclu arise is not a r u a o license s need to fill out an application for a Certificate of your own last name Contact the Cour pay r e public safe needs of the people Occupancy for the planning and Building Clerk's office at (714) 834-2889, go online unting on eac Department, who can be reached at (714) 536- httn 11www oc ca goy/recorder or contact yc 5271 local newspaper office RV - i . : Lialigg U Im . _ . !� Special Permits--required by the Police De A Melfor certain types of business activities Sor oe 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 entertainme ,ach to pay an annual business license tax employees, more than 1 business vehicle or coin and bingo Call (714) 536-5267 or the Pol , isiness Licenses are not transferable between operated machines A typical business license Dept at(714) 536-5991 for more information+ �2 rners, however, they may be transferred to a new starts at$75 plus a non-refundable processing fee, /J. $eller's Permit (Resale #) — required by .atron upon notrfica#ion to Business License and $41 60 Additional amounts added are as follows proval by the tarty Planning and Budding State Board of Equalization if you . e� Additional Employees 4-12 $4 00 each merchandise Call (949) 440-3473 or v apartment All businesses, trades, professions, 13—52 $3 00 each www boa ca clings, or occupations operating in the City need ov ' 52 $2 Business License These include but are not .0{}each /11. Health Permit — required for food handler ited 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. g. Contact O C Environmental Health location Over 3 tons- $46 00 each ( ) Persons who have a horns office or use their Home-based businesses are required to pay a one- � Federal Tax iD # — required if you ha yees, are incorporated, or have flame as the headquarters of their business- addition to their Eicense time fee of$2 DO for a Home Occupation Permit, :n regiistered partnership Cal! (00) 829 1040 Businesses, which are located outside the city, visit www Lrs qov c but- transact business in the city such as Some business licenses are calculated differently contractors, cleaners, repair people, gardening (apartment rental, hotels, carnivals, special events, /$" Worker's Compensation Insurance p vending machines, out of town contractors, pool required of you have employees Contact yc services,fumigators, telernarketers etc g local insurance agent, state fund or ve halls) Call(714)536-5267 for these licenses Independent contractors such as doctors, www.dir.ca govtworkers' Comp html real estate brokers, hairdressers, janitorial /Jo, Liquor License — required by the State De contractors, and home party demonstrators , . *- s o - a ■ . a of Alcoholic Beverage Control if you se �,o Apartment owners of three or more units A business license may be issued at City Hall while serve alcohol Contact (714) 558-4101 or Do Mobile Vendors who sell merchandise from vou wait Your aipplicanm-musTTe complete and w'h''^'abc ca gov i their vehicles, such as gourmet food trucks and include all necessary docurnents You may need A- Conditional Use Permit — required by ice cream trucks to bring the following: Seller's Permit showing a 'Planning and Building Dept for s Temporary businesses such as a one-day or Huntington Beach location, Health Permit, businesses such as live entertainment, & weekend event in the city, or a short-term Certificate of Occupancy or receipt Your schools, internet cafes, or alcohol sales � cftvonn-al application may also be mailed to City Hall Be sure (714) 536-5271 00 How to Obtain a hat,If! Dqn't Obtain a License? +�I How To Do business in the City of Huntington � andr+rting b€tsiness in the city wttiout a lipense ---Beach =a-guid&• to Economic-Development y n result in penalties, Notices of Violations, and www huntin tonbeachca ovlde artmentslEC7 usines - is se Iministrative Citations It is a misdemeanor to )1ate'the City Business License ordinances �l Huntington Peach Small Business Assistance Center located at the Huntington Beach in I Need to Display My Business License? Chamber of Commerce 2134 Main Street m fs, all business licenses must be posted in public #100, Huntington Beach (714)536-8888 Huntington each .w at the fixed location of the business For )se businesses without a fixed location, the V U S Small Business Administration - provides sponsible party must carry the business license financial assistance programs, guide to th them while conducting business in Huntington resources and workshops (714) 550-7420 or -ach www sba aov 41 S C 0 R.E Service Corps of , Retired ' 4 - )w Often Do I Need to Renew It? Ei ecubves 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 oW to However, you are responsible for renewing . , ur license whether or not the renewal notice is + # Lahfoinia Permit Assistance Center reived 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 9 arged Notices of Violation and Administrative WO Small Business Corner - heipful information tations may also be issued about taxes from the tRS wwv+r� irs gov oa m'Moving to a New Location In the City, S611 Business Develop'ment Center - City „p f Huntington Beach x vase notify us of your new address, phone provides ;help to small businesses through d eV,'and any other changes to your business- 1-on-1, cdt nseling, lworksh'�6NSTZPObe'jor d ducation + li Business License ter compliance with any applicable city minars . ;C611 , 71;4)' :vssft 1 fi 1 juirements, your business license may be �ocsbdc coin l l�; 2�®� Main Street msferred to the new location for a small fee if u are moving to a new commercial location, you i . . . _ M. . - _ s' 1st Floor I need to apply for a new Certificate of - Huntington Beach :cupancy Better Business Bureau , . (714)985-8915 r ha}if I Stop Doing Business or Move Away? Budding Permits (714)538-5241 CA ��q i` t usF know in writing if you want your license Chamber of Commerce' .(714)536-8888 sinesd No refunds are given when the Sln Community Services Dept (714) 536-5486 ,Phone: (714) 536-5267 eSs ceases f Consumer Affairs Dept t ... (800)952-5210 ' ` , Fax: (714) 536--5934 in I Transfer My License to Someone Else? Contactors State License hoard (800)321-2752 isiness Licenses are not transferable from one mer to another The new owner must apply for a Employment Development Dept (888) 745-3886 ; Hours. 8:00 am -- 5:00 pm sines� license,in their name'; l Fran hrse fax' oard°I. 800 85 Monday to Friday �` ( } 2-5711 i here Do I Find You? Office of Secretary of State (916)653-3794 yyy►+w.i�untingtonbea�hca gav e are located at 2000 Main St on the corner of Sign Permits_ (714)536-5271 )rktawn and Main, in the Civic Center on the 1Si State Compensation Ins Fund (714)565-5000 business.li ense(c-bsurfcl y hb.org or Enter the main Administrabon Building and 11 low the signs to the Business License counter Zoning Department (714)536-5271 !' a ' - _ I - - EXHIBIT NO. 19 Item 13. - 88 xB -1014- City ofHuntiiigton Beach,California-Permit Center-Certificate of Occu_. hftp.//www huntingtonbeachca.goy/governtneat/deparhmntgfbuiidmg_safe. MM6 I-WMttD. MW&& Gam$ BUSiUM NAfti5 SUV!b<fs AbWt } 8 e b �q�.¢�4'��S'.#�' >�q�:tea busfdntpsarely_a�gtce[1(eY � ; gefherdl Ins fl'tr1N Owhib tiffd Ctgt-fL` L_OtMM OY r Parmi-40jrter Ci7i4rrtra tlt [ . � f?eemmtAoltaBanForms V w4%af4va 5e"sMezf)r a n t6 g iriRlDtJroucU;e44�t 5r ,, �< to g�trnt rued tcxitui PalsritGorda �Ys�ioreedsa t!" cafet?��ao`r � ��-�rr°tbas;atrt�roruretr� �le�r9us�eas�{;�tF'at � artfr�sptrse��t6t3>erigtu , 00aaparw7r ro-tlreetr� ttaateit�tRp l wlrr - ' _ _ - a�l�err �t�s��us�ie�c�rca��ftxrupauoyyi��a,�aaamt�adl�7rr`q-�u��xmpireace.f2 �0 �:trns�o�,r�' ttt _ _ — Pr�P�}tit5eCi76a3 ��yypea4`etttirla6ir Ji`ailr3p�' �'L�'etflf1G811a4e3,��.C�S?eCCS�{i�t�` j � - - s P,f@rEf# �"sdaaYe�e6��:r#f 'CdY9�C'�L'IC�':I�S1'r� 1 F1�CTLLS�s;�iPkigns � _ 3 i 4`e#icate,rrEflCcupa +=tartCS,i5�c�el#1Crsaf isstcet byf�ec8itd�r► �in,l�i4)�ss�z - �epartnten��Fiiail�v�sec�:t�.ey;3rahu�a��r�#ctc�e-0r>pQr£inc��re�a� � i�c-Cr�a�acg7 � wu; caer rs�rc: fit: VYJ�a c[e�t9s tx icalf ab7 t urf7�jr y? _ taop top '?�t(d(y'�ridaS'&UUy�lSto-.5.0:1'GtY_1 1 'k A wsip"Ks,�r1p tea a rrtr to,osx ars xist ElrrrWgV, r a i w o;W0 rt et:_��x.r�i a�ettititate at"S9cs�aiacy� t�� i � It-pigf�cffilYL)t! [�is'triessowrt�f`. �`.b�tllcl'r�gs`��'1?i+�iQ:sT�2��oii? t spet�cegott,NYrwynsp¢�ya�rbt+t1�ir5g�lit53sgEit"t�t��"�t_'3gs__ta e� yAiA'"sy�fe`t�; , the 1 aawofvouraamprayees r�the afet�c if tYs�s v€fla fisiC ydLt acifify ]::.Use 0*t�C�ttifl[ 'nf�ccupati�y tns{��on'P,rvgr airr in X17� (BWldiritjOacietiurnp lce_f?ae or4ttr`woldaneatpeaferlseoets APh'ing foFa f3df�in �ciderriataae;Epat is a prckue ap�r6aa add and cdfr*ctanp Pa:&t ; - forhts 9eNitglt>cltis S>Qltti#i� icte of f3ccEtpa[sby feeaseai ttrype dt�iria ).his-s�avVtiir#theFZ�-�Tf�prs�ai�s'�ICr6r1&�05r�(ie.�fl�+C,'.t,P.d.QO�` for,code�YzT1 rCU4,la5, i �7Ve-v�ilbYes��l+ttt-fhe approved piaitsand�tnuf�ttsior�i��sp�cr�a�idiu"s� perform �Irrrdsi3esttianat�f�V��the<�l�lic�� itertr$pork�0't�atcuan �rrd'irrg� fly ustt�c �i§rirocrss it:cara fie t�fEa:a�rfecfifslgn��nta�Ya>;wa$ha�re , .qudw,MdWItlTqut perrfl7ls. Eurnpletmf cvfrtl'r v pmblerm Ure No71p�filr�(6�fn1178$]R6lfr8tutlb /�tiVflbllSES �hlnrrperri�tllte¢tananiJrrprDveu�enEworitn'df'srbt5ldt'r�(edc�Twr;o£add�onatAfl'�spscB� � �EXPired lxalding'2ind(graCateC pem'A$lxhefe�yrprkm as jnslaried ' r4 Meahanical elecillw[and p1wrbiopwo5ririharregdlres perrriitsandtiwngs tv ExilingDuLDtbuMk4sper-cioopawrlassiicawn, t i-Adjacentbuldhowijnfhsi%parftf-docuparrcytype I{f r< Norrpermued electricatthargmblheservice orrub-panels w&ckstnbttborr,. �:CbartBes.ln Qecnparig+Ctassdtcations 0.Steps-to Mgtifre a Cerftfica wdf Occupancy2 tatTS ta°top ' of 3 4/13/2015 124 PM HB -1015- Item 13. - 89 City of Huntington Beach,Cahfornia-Pemmt Center-Cert ficaw of Occu.. http//www huniuigtonbeachca gov/government/departments/bwldmg_safe- I toaatiori ------ CSFcupyTng��-�dris�i�ct3nn r d�upyhrgail or'rjeeds3yew`�enar2 { Icxisti'ng Bu dcng, 46)?vovemir t [ step 1-si floor, '~ AKzpPrloarit"tsst 1 Boslam have or apply fora AnapRtlg �tr_ r?ttwve_ot`VOY t( ttce�se �utfe3��fy:ot for a:culrerr+-�tty bf r i Aunu n-8eaclt seack Bus!peSs Qte7tsv_ ! Basirmss_[.icense. ; 'Ste,p k -�rrbr�rt.tl3Eititbwln�- - - - - ` ' � � �d"FJop� � 2eE2saisVeYjb€f�i>4t11�'sr$�d 'i Planning r'#ar1s�6 the,t'i�t�C�tti�t�r t' iorreviewaar3�ec -apltoddn for, nts let 1 -- I t 'parW,ir as e p<a' WV I} ' .Zzrtitftg�e@ranee: _ - - ta�e�€uicFlrt�atk4n��? I t - r Ptanu�ig.�atttaent's�(a ;! p _ ? lheplrir`s`u`ba�iret apgYrt(h1fY 't � � ,G�c8ti�klt�vTev� t�gwir-ernerats�ciir�nt(Y,�Wtaii '. ces atu ;� I�iUt[�t• t�° � fs"Tlujrkippz'ci�`ltt�l'e1y payment of feed 15�vprking d1atSt Pe,Vlj, a-- _-- - - - � �p �cd�}ciar. ,w ors,r;3nep7ans,rteat.st�t��coYte i' ` 4 %70 zQgt�rertts,lees aieolle�tet} i ter .aAa kb*NT"Ot is issue$ ; ` i 5 }�pijct%orf t3rr�rie fnspoc#io;a �":kt�ttelnsiae�Att i, I F _ i FinWAppra40 Flnat,9pprov l f-Applieafi>an �p11`catiare t t step i Iufa7ed Cerfiiftcate nfC�paupar�o�y V00 s 7 3rou Cerlr6pateof marledtq,yorrupbt4I oOliplOfgrtO cc bX all constr`a6rt&fir,(ofispeiravn - - - afrproiral Q. Whit k1he�o§kof a�e�}fic�teoP�ecUpari�yR� ba�� I A.Fe» ar"s used ort3# mowancy Type PiPmOwseb ffx-attabh�d r a` cttet#uT — —- -- - -- Ther>v l€fro addr€iortal oastfoz�Czrtl�Cate;afc3cccpp�ne�wiireIr rspai�af curz�ntiy I+ - pe�tftl4 e0t tttu aft>te atT�lctca 4ri,t0wevaT„itra'tempamry CaMFrale-of Occupgncy should aoMtr'As*q,aPP"Lmusti* obtained from the IMP-w ti'on-Ilanagersnd a#ee must be Paldp_rfor 0 the Issuance-of temporary.C,&Mc'ate of OrxepaM(:Y Q Whah&we look for dunag a 0er0r ats aM_dcupancy bacig,to ttp , frss`pt�tion? he ACett ci to rrf 7ccupancy ti>sp lion rsxeeVj4tkd faratnewbvsfmsses-and for � - - tenant igmvemerds to e)nShrfj)tf�ngs.Fiprrmre specFrratrtfotrnaiiotrsee�-,eittflcatll, I of floCLip.-oy_tnspectina. Fogns back tofep t 2 of 3 4/13/2015 1 24 PM Item 13. - 90 HB -1016- " 4 City or"Htmtington Beach,Califorma-Permit Center-Certificate of Occu. http.//www.hmfingtonbeachca.gov/govermnenUdepartnients/binlding-safe f f i - t f } �4�1� i3if�G�tD7a5��G'G7f3' � #��-K reside #us,ra�f birirse��(gov�rie�iaat��?�e�# ��r��►lse7�vac�+s�aEemg�i.#,` �,� _- � ��tp�"ez,t�r�c�,�9eacn,Caldotntx� --- ��opilr%�#�t�Ol�aSaC�y��`IMn Baacb.:At[�gttsrasetvs& � - ---J " v ---- '5,arcfi 3y,!{5A ism tega�sd'tradarnarTt�rf�f-k�'mq&rn Bsacfi N1`arketx�g anct�IEors B��,au�— ,f -E"^�'+.z�.F,a-:4`'_`�-�C`_y_..---r ""r_-'z�J..`."A=�--vc=�='.y.•._�=.T.�-�e_ _ ..=s^r_"_..��-_-.-c--""--_-_ __r�.- '_i�_s r_--r..,Yz�i=:_ .. ,_`��z-'= -- �- - -- r 3 of 4/13/2015124 PM I HB -101 7- Item 13. - 91 EXHIBIT NO. 20 Item 13. - 92 HB -lo1s- { Marr 4. 2015 4:59PM CP ATTORNEY r. 6o. 1692 P 2 CM OF RVNTNGTON REACH Neal Abojo OFFICE t� " E r&i rAlw dm CITY ATTOMY „ , P.O.Aox M sznq�twCiVA ftmw 1 1r Ii l�1 LT. ('ya1ae.S 200#M*sfreo Jolatl�tjA toga jk**Csiffoy,"n648 sr.'3vtgC*A{qM* (sty Aumiey Tdcph= (714)$36.5555 Dodd X.Uhl Fwd=IC (7I4)514-2590 Ilep A�pmoty vu EMS,to ob@2*ano,lw tom Igo*4,2PIS (xital}L-rtlh=. YY`�,, 16%9 Maim St ug,SWte 350 ,San&Ans,CA 92701 p, Cuy ofowitington Beach v Daniel Ga*ld Richmond OMC No.745511 Dear Mr.Pew: This Ica ca2&rm our convels,,don today oaaceming tbz sores' g Of the-allegations contained in Paragraph 12 of tlm compl" &2ch moons'o' c lnismkclr ly included. As=k I have.agreed to 5gAO t]nase atega6ons frnm.'ho eomplaint lham you for ymw courtesy an this issue. Ves'y'tcMly yowx D IC om Deputy 0 yAtxcant3 ia-a3mn1gi2t1�7«► xB -1019- Item 13. - 93 EXHIBIT NO. 21 Item 13. - 94 xB -1020- 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 e SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF ORANGE,CENTRAL JUSTICE CENTER _ 10 CITY OF HUNTINGTON BEACH AND ) CASE NO. 30-2014-00745511-CU-MC-CJC 11 PEOPLE OF THE STATE OF CALIFORNIA, ) DECLARATION OF JIM SLOBOJAN IN 12 Plaintiffs, SUPPORT OF PLAINTIFF'S EX PARTE 13 ) APPLICATION FOR ORDER TO SHOW VS. CAUSE RE PRELIMINARY INJUNCTION 14 ) AND TEMPORARY RESTRAINING DANIEL GARFIELD RICHMOND, ) ORDER 15 HUNTINGTON BEACH CARE GIVERS, ) 16 AND DOES 1 THROUGH 50, INCLUSIVE, [Filed or lodged concurrently with 1 Request for Judicial Notice 17 Defendants ) 2 Memorandum of Points and Authontres, 3. Declaration of Richard Massi 18 4. Declaration of Al Brady 19 5 Declaration of Scott Hess 6. Declaration of Jim Slobojan 20 ) 7 Declaration of Daniel K Ohl )) 8. [Proposed Order] 21 22 DATE: January 14,2015 TIME- 1:30 p m. 23 ) DEPT: C-10 JUDGE- Honorable Lmda S Marks 24 25 1,Jim Slobojan, declare: 26 I am a competent adult over the age of 18 and have personal knowledge of the following 27 facts which I could and would testify to if called as a witness I make this declaration in support 29 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 1413 -1021- Item 13. - 95 1 of Plaintiff s Ex Parte Application for Temporary Restraining Order and Order to Show Cause re 2 Preliminary Injunction. 3 I am currently employed with the City of Huntington Beach in the Finance Department I 4 have been continuously employed by the City since November 1999 I have been in the Finance k 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 --a maintain and have access to the files for business tax certificates and/or business license for all 9 businesses operating within the City A business tax and a business license are the same thing. 10 Every business that operates within the City must maintain a business tax certificate or 11 business license,pursuant to Huntington Beach Municipal Code Section 5,08 010 A business,that 12 wishes to conduct business within the City must obtain a business tax certificate by filling out an 13 application and paying a required fee A business may not operate in any manner without a 14 business tax certificate or business license. I am the custodian of the records for business tax 15 certificates or business licenses within the City. I keep the original application on file at the C#y, - r -- 16 organized by number,and I am able to search our database by address.— - + 17 1 have personally-searched the City's records for the property located at 17416 Beach ; 18 Blvd., in the City of Huntington Beach and the business known as Huntington Beach Care Givers 19 Based upon my review of those records and my own knowledge,I know that the City has not 20 issued a business license for a medical 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 paperwork to document 24 their non-profit status The City, on the advice of the Internal Revenue Service, would also 25 independently verify their non-profit status through the use of www.guidestar.or Unless 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 PRELI 6INARY INJUNCTION AND TEMPORARY RESTRAINING ORDER Item 13. - 96 HB -1022- i 1 I searched the wvw zwdestar.org site to verify an approved non-profit status for 2 Huntington Beach Care Givers No such business was listed as a non-profit status 3 j 4 I declare under' enalty of perjury under the laws of the State of California that the ! ' 5 foregoing is true and correct. 6 Executed this day of J�,jatp 2015at Huntington Beach,California. - - - - Tim Sl- oJan--_ -- - - - - - 9 10 11 - 12 i 13 14 15 r 16 17 18 t 20 21 = r - -22 -- - - ---- - 23 - - 24 25 26 27 28 14-4302/115578 3 DECLARATION OF fB4 SLOBOJAN IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR ORDER TO SHOW CAUSE RE PRELI MgARY INJUNCTION AND TEMPORARY RESTRAINING ORDER HB -1023- Item 13. - 97 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 parry to the within action;my business address is 2000 Main.Street,Huntington Beach,CA 6 92648 _ 7 On 7 /S ,I served the foregoing document(s) described as: T e DECLARATION OF JIM SLOBOJAN IN SUPPORT OF PLAINTIFF'S EX PARTE 9 APPLICATION FOR ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER 10 11 on the interested parties in this action by placing a true copy thereof in a sealed envelope addressed as follows 12 Huntington Beach Care Givers BY HAND DELIVERY 13 17416 Beach Blvd 14 Huntington Beach, CA 92649 (714) 475-5502 15 Cristian Peirano,Esq VIA email to c1p@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. A 22 e c 23 Joan Naideth ' 24 25 26 27 14-43021115569 28 DECLARATION OF JIM SLOBOJAN IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER Item 13. - 98 HB -1024- i EXHIBIT NO. 22 HB -1 o25- Item 13. - 99 1 i EXHIBIT NO. 23 Item 13. - 100 xB -1026- Y i i EXHIBIT NO. 24 HB -1027- Item 13. - 101 r SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY OF ORANGE, CENTRAL JUSTICE CENTER 1 CITY OF HUNTINGTON BEACH AND ) w 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 13. - 102 HB -1028- Q Okay. So they coordinated an inspection. 18 A Yes 19 Q Okay So you get out there. These two - 20 gentlemen are there 21 What--what's the situation? 22 -A They enter the business I follow them. They ! 23 explain to the gal behind the plexiglass in the lobby 24 that they were to do an inspection. She excuses herself 25 for a moment, comes back within a minute, allows us ; _ 1 62 HB -1029- Item 13. - 103 ' e i e r 1 , Item 13. - 104 HB -1030- L f 1 entry into the building. 2 Q Okay. So you go in. 3 And what happens? 4 A They are looking for any possible building ; S 5 violations and Fire Code violations. As they were doing ; t 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 HB -1031- Item 13. - 105 11 to handout the citation, if one is necessary,or do 12 they handout citations? Do you know? 13 A They don't have us 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. Item 13. - 106 xB -10312- ATmom TACHMENT #2 TT'AF# 9VIT #3 Huntington Beach Planning Commission • 2000 MAIN STREET CALIFORNIA 92648 NOTICE OF ACTION August 26, 2015 Darnel G Richmond, c/o Cristian L Peirano Peirano and Associates, Inc 1666 North Main Street, Suite 350 Santa Ana, CA 92701 SUBJECT: PLANNING APPLICATION NO. 2016-145(APPEAL OF DIRECTOR'S DECISION REGARDING MEDICAL MARIJUANA DISPENSARY) APPELLANT/ APPLICANT: Daniel G Richmond, c/o Cristian L Peirano, Peirano and Associates, Inc PROPERTY OWNER: Phan Property Management, 1209 E 7t' Street, Long Beach, CA 90813 REQUEST: To obtain zoning approval to establish a medical marijuana dispensary at 17416 Beach Blvd LOCATION: 17416 Beach Blvd , 92647 (east side of Beach Blvd , approximately 350 feet north of Slater Avenue) DATE OF ACTION: August 25, 2015 On Tuesday, August 25, 2015, the Huntington Beach Planning Commission took action on your application, and your application was denied with findings Attached to this letter are the findings for denial Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action taken by the Planning Commission becomes final at the expiration of the appeal period A person desiring to appeal the decision shall file a written notice of appeal to the City Clerk within ten (10) calendar days of the date of the Planning Commission's action The notice of appeal shall include the name and address of the appellant, the decision being appealed, and the grounds for the appeal Said appeal must be accompanied by a filing fee of One Thousand, Seven Hundred Sixty-Three Dollars ($1,763 00) if the appeal is filed by a single family dwelling property owner appealing the decision on his own property and Three Thousand, Three Eighty- Three Dollars ($3,383 00) if the appeal is filed by any other party In your case, the last day for filing an appeal and paying the filing fee is Friday, September 4. 2015, at 6:00 PM. Phone 714-536-5271 FHB -1033-,40 WWW S Item 13. 107 Notice of Action PA 15-145 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 Mames@surfcity-hb org, or the Planning and Budding Department at(714) 536-5271 Sincerely, Scott Hess, Secretary Planning Commission By Jan James, tanning Manager SH JJ kdc Attachment Findings For Denial — PA 15-145 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, Building Manager Jane James, Planning Manager Phan Property Management, Property Owner Project File Item 13. - 108 HB -1034- ATTACHMENT NO. 1 FINDINGS FOR DENIAL PLANNING APPLICATION NO. 2015-145 FINDINGS FOR DENIAL -PLANNING APPLICATION NO. 2015-145 1 Medical marijuana dispensaries have been a prohibited use within the City since the City adopted Ordinance No 3788 in November 2007. Since then, Huntington Beach Zoning and Subdivision Ordinance (HBZSO) Section 204 18 went into effect in June 2015 and expressly articulates that medical marijuana dispensaries are not a permitted use anywhere within the City including all zoning districts and all specific plan areas 2 The property is located in the Neighborhood Boulevard Segment of the Beach and Edinger Corridors Specific Plan (BECSP) Medical marijuana dispensary is not listed as a permitted land use of the Neighborhood Boulevard Segment BECSP Section 2 2, states that "Proposed uses that are not explicitly listed in the use charts may be permitted if it is determined by the planning director that the proposed uses meet the purpose and intent of the plan " 3 Medical marijuana dispensaries do not meet the purpose and intent of the Beach and Edinger Corridors Specific Plan or the Neighborhood Boulevard Segment. The Neighborhood Boulevard Segment use designation is designed to have pedestrian oriented uses available to the neighboring residential subdivisions. These pedestrian oriented uses are primarily Specialty Goods Anchors, Community Oriented Anchors, and Entertainment Anchors, along with numerous similar uses (BECSP Section 2 1 8). Medical marijuana dispensaries do not meet the pedestrian oriented uses of the Neighborhood Boulevard Segment 4 Court decisions have recognized that medical marijuana dispensaries are a unique land use different from any other permitted uses, including uses such as retail, personal service and pharmacy (Monterey v Can'nshimba (2013) 215 Cal AppAth 1068, 1092-94 ) 5 The Planning Commission has jurisdiction over this use determination'appeal pursuant to HBZSO Section 204 02, including the business license aspects of the appeal, because one of the grounds the Finance Director cited for denial of the business license was lack of zoning approval (HBMC Section 5 08 360.) 6 Planning Application No 2015-145 (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. 2015-145 (Appeal of Director's Decision) to obtain zoning approval of a medical marijuana dispensary will not be compatible with surrounding uses because pursuant to Ordinance No 3788, the City repealed in November 2007 the limited exemption for dispensaries in Industrial zones Further, the City enacted in June 2015, Huntington G\PC\NOA\15\08-25-15 PA 15-145(MMD) Attachment 1 1 HB -�ors- Item 13. - 109 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 2015-145 (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. 2015-145 (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 r_xprxnir)A\15\08-25-15 PA 15-145(MMD) Attachment 12 Item 13. - 110 HB -1036- ATTACHMENT #4 +fifty of nuntingtan $ca'ch Piannin end Building�epartgnc - " TO: Planning Commission FROM: Scott Hess,AICP, Director of Planning and Building BY: Jane James, Planning Manager DATE August 25, 2015 SUBJECT: PLANNING APPLICATION NO. 2015-145 (APPEAL OF DIRECTOR'S DECISION REGARDING MEDICAL MARIJUANA DISPENSARY) APPLICANT/ APPELLANT: Daniel G Richmond, c/o Cristian L Peirano, Peirano and Assocites, Inc., 1666 North Main Street, Suite 350, Santa Ana, CA 92701 PROPERTY OWNER: Phan Property Management, 1209 E. 7t' Street, Long Beach, CA 90813 LOCATION: 17416 Beach Blvd, 92647 (east side of Beach Blvd , approximately 350 feet north of Slater Avenue) STATEMENT OF ISSUE: Planning Application No 2015-145 (Appeal of Director's Decision)- - To obtain zoning approval to establish a medical marijuana dispensary at 17416 Beach Blvd o Staff Recommendation Deny Planning Application No 2015-145 (Appeal of Director's Decision) based upon the following - Pursuant to City Ordinance No. 3788 adopted in 2007, medical marijuana dispensaries are a prohibited use throughout the City - Dispensaries are not within any of the permitted use classifications of the Neighborhood Boulevard Segment of the Beach and Edinger Corridors Specific Plan (BECSP) where applicant's dispensary is located, instead, the characteristics of dispensaries are substantially different than uses within the Neighborhood Boulevard Segment - Medical marijuana dispensaries are an expressly prohibited use throughout the City pursuant to Huntington Beach Zoning and Subdivision Ordinance Section 204 18,Prohibited Uses RECOMMENDATION: Motion to "Deny Planning Application No 2015-145 (Appeal of Director's Decision) with findings (Attachment No 1) " Q-4 HB -1037- Item 13. - III o o, fro C �5� Y s O � o i ��e4703i a ®aaa eS �� A44v n COl3LYTY OF r,- —' t�T C4i S'+35E 5 = g YCi2'I'C dtli i � JJJ A9'.IlR7'i �lif �zvs�.vx Su bject Site a - VICINITY MAP PLANNING APPLICATION 2015-145 (17416 BEACH BLVD.) Item 13. -y 1.12port—08/25/2015 HB -1038- (15sr29 Appeal PA 15-145 17416 Beach MvID) ALTERNATIVE ACTION(S); The Planning Commission may take an alternative action such as. "Continue Planning Application No. 2015-145 (Appeal of Director's Decision and direct staff accordingly" PROJECT PROPOSAL: Planning Application No 2015-145 (Appeal of Director's Decision) represents a request to obtain zoning approval to establish a medical marijuana dispensary at 17416 Beach Blvd. Backfround: The applicant opened and began operating a medical marijuana dispensary no later than February 6, 2014. On several occasions, the applicant sought to apply for a Business License but was told that the City did not issue business licenses for dispensaries On June 4, 2015, the City accepted, from the applicant, Business License and Certificate of Occupancy applications requesting to operate a medical marijuana dispensary at the subject site (Attachment No. 3) On June 26, 2015, the Director of Finance and the Director of Planning and Building together informed the applicant that the Business License and the Certificate of Occupancy applications were denied based on the fact that MMDs are a prohibited use within the City (Attachment No 3) The City's letter outlined the process for appeal of the Director of Planning and Building's decision Appeal. On July 17, 2015, the applicant filed an appeal of the Director's decision (Attachment No 4) and the item is now scheduled for public hearing before the Planning Commission. It should be noted that a second appeal was filed the same day for the salve location The second appeal was filed with a slightly different applicant/appellant name. A separate staff report has been prepared for that appeal (Planning Application No 2015-147) Code Enforcement History: On September 16, 2014, the City filed the suit, entitled Huntington Beach v Richmond, Orange County Superior Court, Case No 30-2014-0074511, against the owners of thus dispensary, Daniel Richmond and Huntington Beach Caregivers. On April 13, 2015, the Court entered an order grantmg the City's motion for a preliminary injunction, which resulted in the closure of the dispensary until the case is tried PC Staff Report-08/25/2015 HB -1039- (1 5sr29 Appeal PA 15-145 1741Iteffi 13. - 113 ISSUES: General Plan Conformance: The General Plan Land Use Map designation is M-sp-d (Mixed Use-Specific Plan Overlay-Design Overlay) The proposed Planning Application No. 2015-145 to obtain zoning approval of a medical man)uana dispensary is not consistent with this designation or the policies of the City's General Plan as follows A. Land Use Element Policy LU 71 1 Accommodate existing uses and new development in accordance with the Land Use and Density Schedules (Table LU-2a and 2b) The City has established that medical manjuana dispensaries are not a permitted use in any zoning district or specific plan area and therefore the request to obtain zoning approval of a medical manjuana dispensary is not in compliance with the General Plan or the Zoning and Subdivision Ordinance Zoning Compliance: The subject site is located in the Beach and Edinger Corridors Specific Plan,Neighborhood Boulevard Segment, and the proposed use does not comply with the requirements of that zoning designation Huntington Beach Zoning and Subdivision Ordinance Section 204.18 expressly prohibits medical marijuana dispensaries in all zoning districts and all specific plan areas in the City of Huntington Beach, including the Beach and Edinger Corridors Specific Plan The proposed request to obtain zoning approval for a medical marijuana dispensary does not comply with the Huntington Beach Zoning and Subdivision Ordinance. Further, a medical marijuana dispensary is not listed as a permitted use under the Neighborhood Boulevard Segment of the specific plan Urban Design Guidelines Conformance- Not applicable Environmental Status: The review of appeal by the Planning Commission is exempt from the provisions of the California Environmental Quality Act pursuant to Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Coastal Status Not applicable Design Review Board: Not applicable. Subdivision Committee: Not applicable. Other Departments Concerns and Requirements: This staff report was jointly prepared by the City Attorney's Office and the Planning and Building Department Item 13. - 114 HB -1040- .„��.,�ort—08/25/2015 (15sr29 Appeal PA 15-145 17416 Beach 1MMD) Public Notification: The appellant and properly owner were notified of the appeal hearing date on July 24, 2015 (Attachment No 5) An attorney representing the property owner submitted an email communication stating that, "the owners object to the granting of zoning approval in this matter" Additionally, the attorney states that the property owner has served the tenants with a three day notice to quit or pay rent (Attachment No 6) As of August 18, 2015, no further communication regarding the request has been received Application Processing Dates: DATE OF COMPLETE APPLICATION MANDATORY PROCESSING DATE(S) Not Applicable Not Applicable ANALYSIS: The applicants' appeal 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 marijuana dispensaries in City of Riverside v Inland Empire Patients Health and Wellness Center, Inc (2013) 56 Cal 4th 729, 752. If the applicant seeks to persist in this claim, it should be raised in Court The Planning Commission should review the appeal on the basis that all City Ordinances are valid It should also be noted that even prior to the adoption of Section 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 Industnal zones By repealing the singular authorization of dispensaries in Industrial zones, the result was to prohibit them throughout the City. The prohibition on medical marijuana dispensaries has remained intact since 2007 2. Medical Marijuana Dispensaries Are Not A Permitted Use In The Neighborhood Boulevard Segment of the BECSP As explained above, medical marijuana dispensaries have been prohibited throughout the City since 2007 However, the applicant makes the specific claim at pages 5-8 of its appeal that regardless of the general prohibition on dispensaries, its individual dispensary is a permitted "commercial" use. The Planning Commission should reject this claim PC Staff Report—08/25/2015 HB -1041- (15sr29 Appeal PA 15-145 17411tem 13` - 1 15 The property is located in the Neighborhood Boulevard Segment of the BECSP Medical marijuana dispensaries are a prohibited land use of the Neighborhood Boulevard Segment. Both the HBZSO and the BECSP are"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 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 Boulevard Segment use designation is designed to have pedestrian oriented uses available to the neighboring residential subdivisions. These pedestrian oriented uses are primarily Specialty Goods Anchors, Community Oriented Anchors, and Entertainment Anchors, along with numerous similar uses (BECSP Section 2.1 8) Each of these uses is defined at Section 2 2 of the BECSP. Nowhere is a medical manjuana dispensary listed as a permitted use Instead of addressing the BECSP in its appeal, the applicant claims that the proposed dispensary should be regulated as if it were a"retail use" relying upon Commercial zone provisions under HBZSO Section 21104 Court decisions have recognized that medical marijuana dispensaries are a unique land use different from any other permitted uses, including retail use. In the case of City of Monterey v Carrnshimba (2013) 215 Cal App 4th 1068, the Court found "that the operation of a dispensary does not fall within the use classification of retail sales" (Id. at 1092.) The Court also determined that a dispensary did not fall within the term "personal services," (id. at 1092), or fit "within the model under which a pharmacy or medical supply house conducts retail sales of prescription pharmacies and medical supplies to customers." (Id. at 1093-1094 ) The Court concluded that while "medical marihuana is certainly a good or commodity, it stretches beyond its In-nits 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 Opporturilly 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 determmed that the proposed dispensary is not eligible to receive any zoning approvals incorrectly stated that the applicant could appeal the Director's decision to the Planning Commission (Attachment 3) Applicant contends that the appeal should have been filed with Item 13. - 116 HB -1042- .,..—1,ort—08/25/2015 (15sr29 Appeal PA 15-145 17416 Beach 1N N4D) 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 manjuana dispensaries have been a prohibited use within this City since the City adopted Ordinance No 3788 in November 2007 Recently, in order to make this longstanding prohibition clearer to the public, the City enacted HBZSO Section 204 18 in May 2015 This zoning amendment expressly articulates that medical manjuana dispensaries are a prohibited use everywhere in the City, including all zoning districts and all specific areas Therefore, Staff recommends that the Planning Con=ssion deny Planning Application No 2015-145, 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 2015-145 (Appeal of Director's Decision) 2 HBZSO Section 204 02,Applrcabahty, and Section 204 18 Prohibited Uses 3 Letter from City of Huntington Beach to Daniel Richmond dated June 26, 2015 (includes copy of Business License application and Certificate of Occupancy application) 4 Appeal from Applicant, Daniel G Richmond, C/O Cnstian L. Peirano, received and dated July 17, 2015 5 Notice of Filing Status Letter from City of Huntington Beach to Appellant dated July 24, 2015 6 Email communication from Tracy Guerra, representing property owners received and dated August 5, 2015 SH.JJ. kd HB -1043- PC Staff Report—08/25/2015 (15sr29 Appeal PA 15-145 1741Item 13. 1 17 -1 ATTACHMENT NO. 1 SUGGESTED FINDINGS FOR DENIAL PLANNING APPLICATION NO.2015-145(APPEAL OF DIRECTOR'S DECISION) SUGGESTED FINDINGS FOR DENIAL- PLANNING APPLICATION NO. 2015-145 1 Medical marijuana dispensaries have been a prohibited use within the City since the City adopted Ordinance No 3788 in November 2007 Since then, Huntington Beach Zoning and Subdivision Ordinance (HBZSO) Section 204.18 went into effect in June 2015 and expressly articulates that medical marijuana dispensaries are not a permitted use anywhere within the City including all zoning districts and all specific plan areas 2. The property is located in the Neighborhood Boulevard Segment of the Beach and Edinger Corridors Specific Plan (BECSP) Medical marijuana dispensary is not listed as a permitted land use of the Neighborhood Boulevard Segment BECSP Section 2 2, states that "Proposed uses that are not explicitly listed in the use charts may be permitted if it is determined by the planning director that the proposed uses meet the purpose and intent of the plan" 3 Medical marijuana dispensaries do not meet the purpose and intent of the Beach and Edinger Corridors Specific Plan or the Neighborhood Boulevard Segment The Neighborhood Boulevard Segment use designation is designed to have pedestrian oriented uses available to the neighboring residential subdivisions These pedestrian oriented uses are primarily Specialty Goods Anchors, Community Oriented Anchors, and Entertainment Anchors, along with numerous similar uses (BECSP Section 2.18 ) Medical marijuana dispensaries do not meet the pedestrian oriented uses of the Neighborhood Boulevard Segment. 4 Court decisions have recognized that medical marijuana dispensaries are a unique land use different from any other permitted uses, including uses such as retail, personal service and pharmacy (Monterey v Carrnshimba(2013) 215 Cal.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. 2015-145 (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 2015-145 (Appeal of Director's Decision) to obtain zoning approval of a medical marijuana dispensary will not be compatible with surrounding uses because pursuant to Ordinance No 3788,the City repealed in November 2007 the limited exemption for dispensaries in Industrial zones Further, the City enacted in June 2015, Huntington Beach Zoning and Subdivision Section 204 18, expressly demonstrating that medical marijuana dispensaries are a prohibited use within the City of Huntington Beach. Item 13. - 118 HB -1044- _ � ...______fort—08/25/2015 Attachment No 1 1 8 Planning Application No 2015-145 (Appeal of Director's Decision) to obtain zoning approval of a medical manjuana dispensary will not comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance because pursuant to Huntington Beach Zoning and Subdivision Ordinance Section 204.18, medical marijuana dispensaries are a prohibited use within the City of Huntington Beach 9 Planning Application No 2015-145 (Appeal of Director's Decision) to obtain zonmg 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 Pohey 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 HB -1045- Item 13. - 119 PC Staff Report—08/25/2015 204 02 Applicability . . 1 . c zo s;'kL � -�,'s'. �� qr*`v "l_'.��,y':> £"_" a'z. _ar�s•_,f' •5 - z '� ,.,,�a;K. � -s z, -'% ;'ice '�_ „- y -x a., = `< .__ -� t?� _ " ^•.r�a' ='�#,��arrvl F_ -r ' --7' In Nib ilVG'C�bl= r�.1 z .- i'YA_- t� i1# 9Eir� T1S - ;y -,r,. _ � h, s = - _ Asa ; 204.02 Applicabili 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. ATTACHMENT NO. Item 13. - 120 es/huntmg-tonbeach/view phpAopiczomng_code HB -1046-&des=on[8/18/2015 6 02 23 PM] 204 18 Prohibited Uses NINGICO�E.��{'_z�' �=- ' `��a,r au `"`' s,p = _�+�'�%..��+�4a a�spy.„�rsr to"N��I _ o ,� _t," �.. :.2h%�:r�`E -i i;>i'a H__-x`•�---'" u Cr �v_....-..r't�i- .-�._.—f2 xl`-•�� 5+�^�'_ �-ee�'y1 = ^'N_ ir�a"y1 i�� _ _"�_-.4e",r.=Td�^�-•v=�=-.� __ 4'� _�'W�_�'�:ra_w-_ r „i� - t"g' Kr}y��- �"+v* -, ��' �'a,��_'��ysl�-- �J'hs a.z.`°:— 3 at- - i-�•;�-,r� 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 tern 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. ATTACHMENT NO. ??_ http//www gcode us/codes/huntmgtonbeach/view.php`hopic=zomng_code-HB -1047-Hrames=on[8/18/2015 6 0135 PM] Item 13. - 121 CITY OF HUN'TINGTON BEACH Original via U.S. Mail —Certified Return Receipt June 26, 2015 Mr Daniel G Richmond Sole Owner 17416 Beach Blvd Huntington Beach, CA 92647 Dear Mr Richmond The City of Huntington Beach has received your application for the establishment and operation of a business that appears to be related to the retaiVdispensation of Medical Marijuana and related products, commonly referred to as a Medical Marijuana Dispensary We note that on June 4, 2015, you submitted an application for a business license for the Retail Sale of Medical Marijuana Earlier this year, the City passed an ordinance that expressly prohibits the establishment of Medical Marijuana Dispensaries or related businesses in Huntington Beach, although this ordinance did not change the City's longstanding prohibition (HBZSO Section 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 Budding, relying upon the foregoing authorities, has determined that your proposed Medical Marijuana business is not eligible to receive any zoning approvals or permit because you are proposing to operate a business not permitted within any zoning in the City Without any zoning approval, a Medical Marijuana Dispensary cannot obtain a Certificate of Occupancy, which is required for the location of your business In addition, the Director of Finance shall not issue a business license to any person fading 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 ATTACHMENT NO. 2000 Main Street, California 42648-2702 m Phone 714-536-5630 o Fax 714-374-5365 www huntingtonbeachca gov Item 13. - 122 xB -1048- - - --- - - - - - - - -- - - - - - - - - - ---- - -- - - Paget --- Daniel G Richmond 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 either the Director of Finance at (714) 536-5630, or the Director of Planning and Budding at (714) 536-5276 Thank you Sincerely, Lon Ann Farrell, Director of Finance k< ott s, Director of Planning and Budding Enclosure Copy of Application ATTACHMENT K" ?- HB -1049- Item 13. - 123 CITY OF HUNTINGTON BEACH FINANCE DEPARTMENT—BUSINESS LICENSE "' P O Box 190-2000 Main Street, Huntington Beach,CA 92648-2702 19 Phone(714)536-5267—Fax(714)536-5934—www huntingtonbeachca gov APPLICATION FOR BUSINESS LICENSE ,�r� ' ' >i; BUSINESS DETAILS; Applications must be typed,or legibly hand printed In blue or black ink Name of Business(DBA) Daniel G. Richmond Name of Corporation(attach list of officers) Owner(s)or Pnncipai(s) Title Daniel Richmond Title Sole Owner Contact Person Title Daniel G Richmond Business Address: 17416 Beach Blvd Huntington Beach,CA92647 Mailing Address;City,State,Zip Same E-mail Address Web Site Business Phone Fax weedmaps com 714-475-5502 Type of Ownership Social Secu # Type of Ownership ❑LLC Federal Tax ID# State Tax ID# 1i Sole Proprietor ❑Partnership ❑Corporation Date Business Started in Huntington Beach #Employees(Include self Full-time Part-time(FfE) SIC# October 13, 2014 per latest tax filin 15999 Detailed Description of Business Activity, Retail Sale of Medical Marijuana Located in a BID? BID Zone Area (sq ft) BID Type Discharge into Stomidrain? NPDES Permit# ❑Yes ❑ No ❑ 1 112 ❑Yes ❑No Descnpbon of Products Sold Do you collect sales tax?❑Yes® No Seller's Permit(Resale#) Medical Marijuana Business Vehicles Used in the City? I Under 1 ton 1 1-3 tons Over 3 tons License Plate# License Plate# ❑Yes ®No How Many? ❑ General Contractor Contractor's Lic# Classes Expiration Date Job Address [I Sub Contractor Burglar Alarm System? ❑Yes []No Alarm Permit# Health Permit# ABC License# CUPA# If yespermit Is required Call 714 900-BB05 State License(#I Type I Exp Date) live Entertainment? ❑Yes ❑No Sale of Adult Only Items? ❑Yes ❑No Coin Operated Machines? #Vending #Amusement I #Service #Music #Bulk ❑Yes ❑No Vending Companys Name/Address/Phone #Apt/Motel/Rooming House/Office Units #Trailer Spaces Date of Purchase Mobile Vendor? ❑Yes ❑ No ff yes,complete section on back of form I am aware of the provisions of Section 3700 of the California Labor Code,which requires every employer to be insured against liability for Workers Compensation (Please check appropriate box) ❑ Certificate of Workers Compensation Insurance ❑Certificate of Self-Insurance of Workers Compensation IQ 1 certify that in the performance of work for which this license is issued I shall not employ any person in any manner so as to become subject to the worker's compensation laws of California Note If after signing the certificate, you hire any employee, you become subject to the workers' compensation provisions of the California Labor Code and you must Immediately comply with the provisions of Section 37W or your license immediately becomes revoked I hereby declare u f erju t e information an tements on this application are true and correct Signature l Tfda Printed Name Daniel G. Richmond Date, =Zo t5 Total Due: Page Ioft ATTACHMENT NO.. 3 '? Item 13. - 124 HB -1050- SUPPLEMENTARY INFORMATION REQUIRED (NON-PUBLIC INFORMATION) Applications must be typed,or legibly hand printed in blue or black Ink Owner or Principal Daniel G. Richmond Title Sole owner Residence Address6806 Thaithian Cir G"''Yorba Linda StateCA �p92886 Home Phon Date of Both Social Secunt Drivers License Signature I Date LI/. i Partners Name or Secondary Principal(If appiica A Title Residence Address City State Zip Home Phone Date of Birth Social Secunty# Drivers License Signature Date ALTERNATIVE CONTACT IN CASE OF EMERGENCY: Name Title Phone MOBILE VENDORS ONLY—SUPPLEMENTARY INFORMATION- Products Sold Ovemight Location of Vehicle Registered Owner of Vehicle Description of Logo(may attach photo) Make of Vehicle Year Golor VIN# Previous License? City where previous license obtained Date ❑Yes ON o ' Has license/franchise previously been Reason for Suspension if Yes Year revoked/suspended' ❑Yes ❑No MOBILE VENDORS MUST ALSO PROVIDE WITH APPLICATION, 9 Photo copy of valid drivers license for each driver • DMV auto registration • Copy of auto Insurance referencing VIN and poilcy#,naming additionally insured C Color photos of vehicle showing full side profile with logo and full rear of vehicle with license plate IMPORTANT INFORMATION: Please notify the Business License Office of any changes to the business, including business name, location, owners, partners, business type or activity. If the business license is not updated accordingly, it may no longer be valid and the business owner may then be liable for penalties and administrative citations If the business moves to another commercial location, a Certificate of Occupancy for the new location must be applied for with the Planning Department Call(714)536-5271 for application As an applicant for a business license as a sole proprietor,you are required to provide your Social Security number as part of the application Pursuant to Section 405(c)(2)(C)(i) of Title 42 of the United States Code, the City is permitted to require disclosure of the Social Security number for tax purposes. Disclosure of this information is mandatory However, while disclosure is required in order for the City to properly administer the business license tax program, the Social Security number is not public record, and will not be disclosed to any members of the public Under federal and state law, compliance with disability access laws is a serious and significant responsibility that applies to all California building owners and tenants with buildings open to the public. You may obtain information about your legal obligations and how to comply with disability access laws at the following agencies:The Division of the State Architect at www.dFs,ca.f!ov/dsa/Home.asi).The Department of Rehabilitation at www.rehab.cahwnet.irov_.The Califorma Commission on Disability Access at www.ccda.ca. ov. S' ature OFFICE USE ONLY: Bus License# NOTES: TOTAL DUE: $ (includes non-refundable processing fee) Page 2 of 2 HB -1051- ATTACHMENT Item 13. - 125 CERTIFICATE OF OCCUPANCY 020 �1 CITY OF HUNTINGTON BEACH DEPT. OF PLANNING &BUILDING APPLICATION HUNTiNGTON BEACH 714/536-5241 (3 d Floor—Must Apply la-Person) Business License# Dated Business Address I i t.(1 U goo-di A f VO Zip Code q 2Q,L[`7 Business Owners Name 12at-, el 0-t`e.bVvLQI-t,0 Telephone No 31Y_Y47--s8s'7 Business Name 9AC, ( �,c per- T�y� i �.tt_ Bus.Phone Business Type pj 07 it S,,Ll ,.C-AN.ezkj`c "A &%&0 Ptah li c.�.#=cz,,•�� property Owner Information (t equired) Tenant/Emergency Contact (required) Name p 0 'e vtv x Name gAy%,t e�A Addi ess�7 a�f , -7-r� S Home Address tog t: Tay yet{-� c y City State/Zip v'fa to$1 _City qb(6c, -cy-,)p. State/Zip ca -jZX S t� Telephone o _(jt;i�. 77,L -7 LL Telephone No 1-1VQ 970 - � THIS USE WOULD BE DESCRIBED AS: ❑ Newly Constructed Building or AExisting Building CHECK ALL THAT APPLY: ❑ Change of Property Owner ❑Change of Occupant ❑Change of Use ❑Additional Occupant ■ Indicate former type of business U A V R e-1 i`e-U t a2 -t-rs R r i'Z.ET 0 t i— ■ Are you requesting that the electricity be tiulied on? Yes Noig ■ Is the building sprinklered? Yes❑ ,Nq& ■ Will operations produce dust/wood shavings or similar material? Yes❑ Now ■ Will operations involve the repair or ieplacernent of automobile parts YesQ Nog If yes- Describe the components repaired or replaced. ■ Does the opei ation involve the use of welding or open flatne9 YesQ Now ■ Will the business be a drinking,dining or assembly use with an occupant load of more than 50 petsons7 Yes ❑No Y� ■ Will there be storage racks,gondolas, or shelving exceeding 5feet 9 niches in height9 Yes QNo C ■ The following best describes my operation- ❑ Office Only RcRetail Sales ❑Medical/Dental C Warehouse/Manufacturmg/Distribution ❑ Restaurant/Take Out Food (describe process and end product) 9,6 ,atL ScJ� QS &&eQ rCaS- aril-,-I i �&� Other(describe) Av.i> cos,( e e,.p -X>ojo L►-c -F�-rwLsj For Offletal Use Only Occ Group, Area, Occ Load. Occ Group: Area, Occ Load: Occ Group, Area- Occ Load: Total Sq Ft Occupied- No. of Stories: TIF Review Y/N Bldg Permit# Entitlement#, Zoning• Plnr Initials: Dale Plan Chkr Initials Date, Insp Initials- Date: Conditions of Approval or Other Notes: Inspection Date Item 13. - 126 1-113 -1052- ATTACHMENT NO- i CASH RECEIPT CITY OF HUNTINGTON BEACH P.O.BOX 711 HUNTINGTON BEACH,CALIFORNIA 92648-0711 www•huntingtonbeachca.govJpayments DATE lY (1 Issuing Dept / 1 F A�- f D6pt Phone# C C I EUNDS RECEIVED FROM _ A��Rg�, I � � •�t� � � iT l 1•"��1I3' 'L7r J &tj, , Phone# FDR 91' 4-7 `AMWNT RECEIVED 10 Cash O Check# Cred Card nce -,P1'� Received A rov - - g A royal IF ORIECT=50000 THRU 9oo0a,nNALNCE APPROVAL REQUIRED Approval Date —,9uslnAss Un'!t 05 _ Subs ,Su f f_L" Cr IC L�.14 1 r -- ———————— — i� rI? ————— ————— ———— ——— — =, TOTAL$ Jf (r7) Stamped Validation Order-ice- Please do not write in the box 6eTow J ,.f4Ct O.12 8 3 O 5 7 IS$UING DEPARTMENT COPY KB -1053- AT7ACHMEN7Item 13. - 127 CITY F HUNTINGTON BEACH Original via U.S. bait—Certified Return Receipt July 7, 2015 Mr. Oaniel G. Richmond 6806 Thaithian Circle Yorba Linda, CA 92886 Dear Mr. Richmond, Please see the enclosed letter from the City of Huntington Beach dated June 26, 2015, regarding your business license application This letter was sent to you via Certified Mail to the business address you indicated as your mailing address on the business license application as follows: Daniel G Richmond, Sole Owner 17416 Beach Blvd Huntington Beach, CA 92647 O Monday, July 6, 2015, this letter was returned to the City by the United States Postal Services as "Moved, Left No Order' and "Attempted, Unknown" As such, we are forwarding the letter to your address of residence_ Sincerely, Lon Aran Farrell, Director of Finance Enclosure Certified letter Reference 7008 3230 0001 1468 1592 2000 Main Sfreet, California 92648-2702 Phone 714-536-5630 'r Fax 714-374-5365 + Si T{t4T_ :�nttntnnbeachra got• Item 13. - 128 HB -1054- ATTACHMENT NO. 3 REECEIVED 1 JUL 1``/ 2015 DEMAND FOR APPEAL OF DENIAL OF BUSINESS LICENSE BY DIRECTOR OF FINANCE Dei� , cif Punning & Building 3 TO CITY OF HUNTINGTON BEACH CITY CLERK&CITY COUNCIL AND/OR 4 DESIGNEE 5 FROM APPLICANT, Daniel G.Richmond 6 C/O &to the Attention of Crishan L. Peirano, Esq of Peirano&Associates,Inc 1666 North Main Street, Suite 350 7 Santa Ana, CA 92701 8 Date: July 15,2015 9 RE: Appeal of City of Huntington Beach, Finance Director,Lori Ann Farrell & Director of Planning& Building, Scott Hess's denial of business license 10 application certificate of occupancy to operate medical marijuana dispensary rendered on June 26,2015 and Mailed Successfully on July 7,2015. 11 12 1, Daniel G. Richmond, demand by way of this appeal that the City of Huntington Beach issue 13 me a business license along with all applicable permits in order to operate medical marijuana dispensary 14 at the location conunonly known as- 17416 Beach Blvd,Huntington Beach, CA 92647 for the following 15 reasons: 16 17 1 The City of Huntington Beach's denial of business license application based on HBZS 18 section 204 18 is not valid as the underlying Ordinance No.4059 used to pass 2014.18 19 is void as a matter of law pursuant to California Government Code section 65858(e) as 20 it duplicated the City's Ordinance No. 3700 21 2 Medical Aid Program prior to operating attempted to apply for business license, but was 22 wrongfully denied its due process nghts to submit its business license application 23 because of the City's mistaken belief that its municipal code sections prohibits 24 25 medical marijuana dispensaries from operating in the zone where Applicant operate 26 out of 27 3. The City's notice of denial with instructions for appeal of Finance Directors' decision 28 was defective in that HBMC section 5 08 310 clearly states that an applicant aggrieve - ®'^ ATTACHN4E�lT HB -1055- __ Item 13. - 129 DEMAND FOR APPEAL OF t5usiNk,55 iACENSE APPLICATION DECISION 1 by any decision of the Finance Director 5 04 through 5.16 may file an appeal with the 2 City Clerk within 15 days of the date of mailing and that such appeals be filed with the 3 City Clerk and not the Director of Building and Planning as incorrectly being tasked 4 with the appeal The notice of decision, however, states that the appeal will be file 5 6 with the Director of Planning and Building and that Applicant has only 10 days in7 which to do so and according to the telephonic confirmation no submission is allowed 8 by mail when all others aie allowed to do so 9 10 ARGUMENT 11 I. The City of Huntington Beach's denml of business )license application based on 12 HBZSO section 204.18 is not valid as the underlying Ordinance No. 4059 used to pass 2014.18 is void as a matter of law pursuant to California Government Code 13 section 65858(e)as it duplicated the City's Ordinance No. 3700 14 According to the City's June 26, 2015, delivered on July 7, 2015, decision to deny Applicant' 15 busmess license application its application for business license was denied because 16 Earlier this year, the City passed an ordinance that expressly prohibits the 17 establishment of Medical Marijuana Dispensaries or related businesses in Huntington 18 Beach; although this ordinance did not change the City's longstanding (HBZSO Section 204 18). Prior to this Ordinance (land use laws) in Huntington Beach prohibited the 19 establishment of any Medical Marijuana Dispensaries or related business in Huntington Beach because such a businesses were not listed as a "peinutted use" under the City 20 zoning laws (HBZSO Sections 204 02)2014 10,211.04, and 215.04) 21 See Exlubit"A" City of Huntington Beach June 26,2015,denial of business license application 22 A. THE CITY'S URGENCY ORDINANCE NO. 4059, IS VOID ON ITS FACE. I 23 EMTERMISSIBLY DUPLICATED ORDINANCE NO. 3700 IN VIOLATION O CALIFORNIA GOVERNMENT CODE SECTION 65858, ET. SEQ. 24 The City's June 26, 2015, denial of business license application by Applicant, the City makes i 25 clear that the City thinks that it passed Ordinance 4059 on May 4, 2015. Passage of an urgency 26 ordinance, such as this one, are subject to particular procedures that must be followed by the City 27 adopting a zoning ordinance. However. 28 Without following the procedures otherwise required prior to the adoption of a zoning ordinance, the legislative body of a county, city, including a charter city, or city Item 13. - 130 HB -1056- 11 DEMAND FOR APPEAL OF v uaj,.r as,.LICENSE APP A I DECISION I and county, to protect the public safety, health, and welfare, may adopt as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a 2 contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission or the planning department is considering or studying or intends to 3 study Arithiri a reasonable time. 4 California Government Code section 65858(a) 5 While enacting Ordinance 4059, the City invoked this provision: "Pursuant to Government Cod 6 Section 65858, and based on the findings set forth above, the City Council hereby declares that this 7 interim ordinance is necessary as an urgency measure for the immediate preservation of the public 8 health, safety, or welfare." 9 B. The City cannot meet the provisions of Cal. Gov. Code §65858 as it failed to ameliorate the effects of its prior urgency ordinance for moratorium against medical marijuana 10 dispensaries. I I The ability to simply bypass procedures based upon the willingness of a city council to make 12 "findings that there is a current and immediate threat to the public health, safety, or welfare, and that the 13 approval of additional subdivisions, use permits, variances building permits, or any other applicable 14 entitlement for use which is required in order to comply with a zoning ordinance would result in that 15 threat to public health, safety, or welfare" (Gov. Code § 65858(c)) would seem ripe for abuse, and the 16 City does just that.Fortunately, subdivision(e) steps in to prevent the City's abuse- 17 When an interim ordinance has been adopted, every subsequent ordinance 18 adopted pursuant to this section, covering the whole or a part of the same property, shall automatically terminate and be of no further force or effect upon the 19 termination of the first interim ordinance or any extension of the ordinance as provided in this section. 20 California Government Code section 65858(e). (Emphasis added). 21 Subdivision (e) prevents the City from re-enacting its previous moratorium against "medical 22 marijuana dispensaries."No two interim ordinances can address the same subject on the same land fo 23 the same reason and purpose 24 C. A,moratorium on Medical Marijuana Dispensaries was already implemented. 25 The City admits there was a previous moratorium in the new interim ordinance: "The City o 26 Huntington Beach also previously imposed. a Moratorium on medical marijuana dispensaries." (City' 27 RJN E, § 1A.)In fact,the City adopted it on February 22, 2005- 28 A motion was made by Bohr, second Hansen to adopt Interim Ordinance No. 3700— "An Interim Ordinance of the City_qf Huntington Beach Imposing a Moratorium DEMAND FOR APPEAL OF HB^--- CENSE APPLTC Item 13. - 131 ....��. I on Medical Mar Juana Dispensaries" with specific findings regarding the detriment to the public's health, safety and welfare amended to bypass the Planning Commission and 2 bring an ordinance directly to Council and to change from a 45-day to a 30-day moratorium.The motion carried by the following roll call vote• 3 AYES Hansen, Coerper, Sullivan, Hardy,Green,Bohr NOES: Cook 4 ABSENT: None 5 City Council Minutes, February 22,2005 6 Interim Ordinance 3700 likewise invoked Government Code section 65858, stating, "Pursuant t 7 California Government Code Section 65858(a) . . this interim ordhnance shall become effect v 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 pursuan 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 H. Daniel G. Richmond prior to operating attempted to apply for business license,but was wrongfully denied its due process rights to submit its business license 14 application because of the City's mistaken belief that its municipal code sections 15 prohibited medical marijuana dispensaries from operating in the zone where the dispensary was located. 16 17 The Huntington Beach Municipal Code provides that it will issue licenses for those seeking 18 business license and that it cannot use its business license for the purpose of regulation: 19 "The business licenses issued pursuant to the provisions of this title constitute a receipt for the license fee paid and shall have no other legal effect. A business license is a 20 requirement,not a permit to conduct,manage or carry on any business activity within this 21 City (838-6/61)" 22 HBMC section 5.04,090 License not a permit. 23 The ordinance codified herein is enacted solely to raise revenue for municipal purposes, 24 and is not intended for regulation. (766-7/60) 25 HBMC section 5 04 020 Purpose 26 According to the City's own pamphlets available on line as of the date of this appeal states the 27 following. 28 A City of Huntington Beach business license is not a regulatory license but is a tax to help pay for the public safety needs of the people of Huntington Beach. A Item 13. - 132 HB -1058- 1 1 DEMAND FOR APPEAL OF DuJurroo LICENSE APPLICA 1 2 About Business Licenses,City of Huntington Beach's website: <http.//www huntingtonbeachca.gov/ 3 files/users/finance/How—to—do—bus—flyer Of 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 In the following schedules,letter designations are used as follows: 8 "P" designates use classifications permitted in commercial districts 9 "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions"that follow, 10 [ ] 11 Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located 12 elsewhere in the Zoning Ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under 13 the heading. CO,CG,and CV Districts. Land Use Controls 14 p=Permitted 15 Co CG [Commercial CV Additional 16 General] Provisions 17 Commerical 18 Uses Retail Sales - P P (U)(V) 19 CO, CG, and CV Districts: Additional Provisions 20 Huntington Beach Zoning Subdivisions&Ordinance section 211.04 21 This is exactly what Applicant,intends to do which perform retail sales of medical marijuana. This i 22 allowed in this zone for this property and for this purpose without the need for any additional permits as 23 indicated under 21104 as cited hereinabove. 24 The next question is what retails sales are allowed and what merchandise can be sold in the secto 25 where the Property is located? Those two questions are easily disposed of in the City's municipal cod 26 section that follows regarding the permitted use by Applicant under HBMC 204 10Y. 27 a. The retail sale of medical marijuana is provided for under the City of Huntington Beac 28 municipal code section under: 204.10Y states: ATTACHMENT NO. 4, 5 xB -1059_ Item 13. - 133 DEMAND FOR APPEAL OF auau-c.�a LICENSE APPLICATION DECISION 1 Y Retail Sales.The retail sale of merchandise not specifically listed under another use classification. This classification includes department stores, drug stores, clothing stores, 2 and furniture stores, and businesses retailing the following goods, toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies, medical supplies and 3 equipment,electronic equipment,records, sporting goods, surfing boards and equipment, kitchen utensils, hardware, appliances, antiques, art supplies and services, paint and 4 walIpaper, carpeting and floor covering, office supplies, bicycles, and new automotive parts and accessories (excluding service and installation). 5 Hunting Beach Zoning &Subdivision and Ordinances section 204.10Y 6 Clearly, the retail sale of medical marijuana is allowed under the local land use laws of the City 7 "Permissive" in circumstances such this means that if something is not specifically provided for o 8 allowed then it is not permitted and/or is prohibited. 9 In this case however, there are two reasons why this does not apply as a;matter of fact and law.The 10 first is the code section above,is a catchall provision providing for the right to sell merchandise, "Retail 11 Sales The retail sale of merchandise not specifically listed under another use classification."Huntington 12 Beach Zoning & Subdivision Ordinances Section 204.10Y. 13 This language lifts it out of the permissive analysis to a prohibitive statutory analysis. Under 14 prohibitive statutory analysis that which is not prohibited is permitted unlike the analysis applicable 15 under the permissive scheme. Nothing which is done or maintained under express authority of a statute 16 can be deemed a nuisance California Civil Code section 3482. 17 As a compliment to that section and in order to further understand the application of the language in 18 establishing that the City's laws do embrace medical marijuana dispensaries: 19 211.02 Commercial Districts Established 20 The purpose of the commercial districts is to implement the General Plan and Local Coastal Progiam coimercial land use designations. Three commercial zoning districts 21 are established by this chapter as follows: 22 B. The CG General Commercial District provides opportunities for the full range of 23 retail and service businesses deemed suitable for location in Huntington Beach 24 Huntington Beach Zoning& Subdivision Ordinance section 211.02 25 This section clearly establishes that if dispensary is seeking to sell medical marijuana that it fall 26 within the stated purposes of the City in keeping with its objectives for its landuse laws. This is mad 27 clear through its use of the terms "full range of retail...businesses" meaning the complete spectrum o 28 retail businesses without any further qualification whatsoever. ' This section does not say "a moderate range of retail businesses", "some retails business", of Item 13. - 134 HB -1060- . 11 DEMAND FOR APPEAL OF LL o.,,. ,.,1ICENSE APPLICATION DECISION 1 "everything except medical marijuana " The City could have but it did not. Clearly, persons such as 2 Applicant seeking a business license to sell medical marijuana have the legal authority to do so in the 3 City of Huntington Beach 4 The second reason why the principal of permissive code interpretation i5 inapplicable in this case 5 comes by way of Art. I., Sec.'s 1 & 26 of the California State Constitution It mandates that the right 6 involved with medical marijuana deal with certain inalienable rights. 7 "All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting 8 property,and pursuing and obtaining safety,happiness,and privacy." 9 California Constitution,Article 1, Section 1. 10 Medical marijuana is property and the ability to seek treatment through the use of medical marijuana 11 Involves the right to enjoy life in not suffering from ailments that can be cured or resolved and/or better 12 tolerated through the use of medical marijuana It also involves the right to be safe from chronic pain o 13 medical conditions, which also affects one's rights to pursue happiness, all of which can be achieve 14 through the use of medical marijuana IS The right to medical marijuana however, is not an absolute or an unfettered right. The right to 16 medical marijuana is subject to proscription under the language provided for under California 17 Constitution Art. I. Sec. 3(b)(4) that guarantees and mandates that if such a right is to be limited o 18 denied that such limitation or prohibition must be achieved through due process of law and under equal 19 protection of law In order to meet this mandate,those like the City; seeking to limit or take away an 20 person's rights to medical marijuana must do so through express words. 21 "The provisions of this Constitution ate mandatory and prohibitory, unless by express 22 words they are declared to be otherwise" 23 24 California Constitution,Article 1,Section 26 25 But the reality is that please property falls squarely within the classification general commercial an 26 is offered to the opportunity of conducting general retail sales. The City's general commercial zones use 27 classification states full• 28 retail sale of merchandise not specifically listed under another use classification. TTACHMUIT Kin -7 HB -1061_ Item 13. - 135 DEMAND FOR APPEAL OF LICENSE APPLICATION DECISION i I This classification includes .. drugstores, and businesses retailing the following goods- .. 2 handcrafted items,medical supplies,. ." 3 HBZSO section 204 10Y 4 But this thing is a question of just how generous and expansive MBZSO section 204.10Y. The 5 6 answer is that it is wide open according to the stated intent of the city when seeking to define the 7 universe of retail sales that are included in the applicable use classification. The answer simple because g the city clearly states and it's intention of what has intended to include in its retail sales 9 The purpose of the commercial district is to implement the general plan and local 10 coastal program commercial land-use designations. Three commercial zoning districts 11 ourselves by this chapter as follows. 12 13 14 B. The CG general commercial district provides opportunities for the full range of retail 15 and service this is being suitable for location in Huntington Beach. 16 HBZOS 21102, C' "" indicating deletion of chapters or paragraphs not being used in the citation b 17 applicant) 18 Clearly, the intended universe of retail sales encompasses in the cities limited industrial are 19 covered under general commercial district is compliments and he is a full range of retail business. Full 20 range can be defined according to common parlance is used by the people means. the entire spectrum 21 22 Plainly and clearly intending to encompass anything and everything that can fall into this use 23 classification. 24 III. The City's notice of denial with instructions for appeal of Finance Directors' decision was defective in that HBMC section 5.08.310 clearly states that an applicant aggrieved b 25 any decision of the Finance Director 5.04 through 5.16 may file an appeal with the City Cler 26 within 15 days of the date of mailing. Such appeals are to be filed with the City Clerk and not the Director of Building and Planning, which is incorrectly being tasked with the appeal. In violation 27 of the City's laws decision states that the appeal will be filed with the Director of Planning an Building and that Applicant has only 10 days in which to do so and according to the telephone 28 confirmation no submission is allowed by mail when all others are allowed to do so. ATTACHMENT N®. .`� Item 13. - 136 HB -1062- 11 DEMAND FOR APPEAL OF isusuNr.�b EWENSE 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 3 the Finance Director 5.04 through 5.16 may file an appeal with eh City Clerk within 15 days of the date 4 of mailing and that such appeals be filed with the City Clerk and not the Director of Building an 5 6 Planning as incorrectly being tasked with the appeal. 7 Applicant therefore files this appeal to Building and Planning Directors decision under protest as g he was not entitled to provide a decision as to the Finance Director's decisions involving denial o 9 business license applications for HBMC sections 5 04 through 5.16 as clearly set forth in HBMC 10 5 08.310 The applicant has the right to appeal any decision by the Finance Director within 15 days an 11 file the appeal with the City Clerk and have it heard by the City Council and/or designee. Failing t 12 provide Applicant the right to appeal the City Finance Director's decision and then arbitrarily reduce the 13 14 appeal time to 10 days instead of 15 days is illegal and constitutes a violation of Applicants due process 15 rights under California State Constitution Article 1, Section 3(b)4 and in violation of 42 USC 1983. 16 More importantly, the City's decision fails to set forth the necessary permits that the Applicant 17 would need to get approval for when the use under HBZSO 204.11, is clearly designated with a"P"for 18 the applicable zone for use involving general retail, which is what Applicant is seeking to use the 19 property for. In other words the City has no basis for its denial. 20 M. CONCLUSION 21 22 Based on the foregoing Applicant requests that the City of Huntington Beach issue a business 23 license and permit for the operation of a medical marijuana dispensary. More importantly,the City in it 24 denial letter has failed to specify what permits Applicant would have needed and therefore demands 25 statement of what permits it is referring to in order to properly prepare for the appeal of the City' 26 decision so Applicant can properly prepare for the prosecution of the appeal. Applicant files this appeal 27 under protest in that the City failed to properly consider the business license apphcation, has in bad faith 28 changed the appellate procedures for appealing a decision by the Finance Director which Applicant i HB -1063- AC:H EN",Item 13. - 137 DEMAND FOR APPEAL OF nuauvr,a3 LICENSE APPLICAIYON DECISION I I entitled to and because it is shortening the appellate time froin 10 to 15 days without legally authority t 2 do so and discrimuzatorily rerouting the appeal to the Planning and Building Director without authority 3 to do so and without establishing that the City Council has designated the Planning and Building directo 4 as its designee for the appeal, in addition, by not allowing the Applicant to submit the appeal by US 5 Mail as all others are allowed to do, 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTACHMENT NO. . Ia Item 13. - 138 xB -1064- 11 DEMAND FOR APPEAL OF L UJLI l JJ ACENSE APPLICATION DECISION City ®f Hunt in ton Beach 2000 MAIN STREET CALIFORNIA 92648 4ISO DEPARTMENT OF PLANNING AND BUILDING www huntingtonb each ca gov Flanning D1yLs1cg1 Building Division 714 536 5271 714 536 5241 July 24, 2015 NOTICE OF FILING STATUS APPLICATION PLANNING APPLICATION No. 2015-145-APPEAL OF DIRECTOR'S DECISION (17416 BEACH BLVD.) APPLICANT Daniel G Richmond C/O and to the Attention of Cristian L Peirano, Peirano and Associates, Inc , 1666 North Main Street, Suite 350, Santa Ana, CA 92701 PROPERTY OWNER Robert C Autrey, PO Box 90639, Long Beach, CA 90809 REQUEST To obtain zoning approval to establish a medical marijuana dispensary PROJECT LOCATION 17416 Beach Blvd , 92647 (east side of Beach Blvd , approximately 350 feet north of Slater Avenue) Dear Applicant NOTICE IS HEREBY GIVEN that the Planning and Building Department has received your Appeal of Director's Decision, received and dated July 17, 2015 NOTICE IS HEREBY GIVEN that on Tuesday, August 25, 2015, at 7:00 PM in the City Council Chambers, 2000 Main Street, Huntington Beach, CA, 92648, the Planning Commission will hold a public hearing on the request described above Please note the applicant is allowed to present to the Planning Commission up to the pre-set amount of time of four minutes Additional time may be granted to the applicant at the discretion of the Planning Commission Chair. If you would like to request more time or if you would like to make a detailed presentation with PowerPoint, please contact staff 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 t al mes(d),surfcity-hb org Sincerely, J �as Planning Manager copy Robert C Autrey, PO Box 90639, Long Beach, CA 90809, Property Owner Phan Property Management, 1209 E 7t' 11., 1 ' ong Beach, CA 90 xB -1065- �,CHNIEMtem 13. - 139 Scott Hess, Director of Planning and Building Michael Gates, City Attorney Michael Vigliotta, Chief Assistant City Attorney John Fujii, Senior Deputy City Attorney Project File G James\mmd\PA 2015145 17416 Beach NOF 072415 2 Item 13. - 140 HB -1066- ATTACHMENT NO. 5 James, Jane From: Tracy Guerra[tracyguerra@msn com] Sent. Wednesday, August 05, 2015 5 43 PM To: James, Jane Subject- planning application 2015-145/ 17416 Beach Blvd Attachments: 20150805173443745 pdf hi -concerning this hearingthat is set for august 25, 2015 at 7 pm for planning application 2015-145, requesting zoning approval to establish a medical marijuana facility at 17416 Beach Blvd i am an attorney representing the owners of these premises the owners object to the granting of zoning approval in this matter further, attached please find courtesy copies of a 3 day notice to pay rent or quit, and a 30 day notice to vacate, being served upon these tenants at this time if these tenants do not vacate these premises within 30 days of service of the notice, my office will be filing an unlawful detainer (eviction) action against them immediately thereafter i believe that the property owner's objection to the granting of zoning approval, and the tenant's pending termination of tenancy, should be considered as factors in this matter please let me know if this email is sufficient for that purpose, or whether our appearance at the hearing is necessary to make that point to discuss further, please call me anytime thanks-tracy Tracy Guerra, Esq LAW OFFICE OF TRACY GUERRA 235 E. Broadway#314 Long Beach CA 90802 (562) 997-9690 ATTACHMD HB -1067- Item 13 - 141 THREE DAY NOTICE TO PAY RENT OR QUIT- COMMERCIAL TENANCY To Danny Richmond And ALL OTHER OCCUPANTS of the premises located at 17416 Beach Blvd,Huntington Beach CA 92647 Within THREE DAYS after service of this notice,you aie hereby required to pay the landlord or his/her authorized agent the rent of the premises hereinafter described, of which you now hold possession, amounting to the sum of$20,000, being a reasonable estimate of the rent due(pursuant to C GP section 1161 1) through 8/31/15_ OR QUIT AND DELIVER UP THE POSSESSION OF THE PREMISES YOU ARE FURTHER NOTIFIED THAT,the ovmer/landlord does hereby elect to declare forfeiture of your lease or rental agreement under which you hold possession of the above- described premises and if you fail to perform or otherwise comply,will institute legal proceedings to recover rent and possession of said premises, costs,attorney's fees and pumtive damages as allowed by law Acceptance of a partial payment of the amount shown above will not constitute a waiver of the landlord's right to commence and/or pursue an action in unlawful detainer to recover the balance of the rent due and possession of said premises (C C P section 1161 1) Dated 8/6/15 Julieanne Phan,Phan Property Management Person to Pay- Julieanne Phan Phone No (562) 218-7601 Address to Pay. 1209 E.7`b St. Long Beach CA 90813 Days/Hours to Pay Mon-Fri, 9am to 5pm Item 13. - 142 HB -1068- ATTACHMENT N®. 2- 3 0 DAY NOTICE TO QUIT Tenant(s) Danny Richmond Premises 17416 Beach Blvd,Huntington Beach CA 92647 YOU ARE HEREBY NOTIFIED that the tenancy under which you occupy these premises shall expire thirty (30) days after service of a copy of this notice upon you, and you are required to quit and deliver up possession of the premises to the undersigned on or before that date IF YOU FAIL TO DO SO,legal proceedings will be instituted against you for possession of the premises,for forfeiture of the rental agreement and monetary damages as may be allowed by law YOUR RENT REMAINS DUE for the period of time up through the termination of your tenancy Failure to pay any rent as it comes due may cause your tenancy to be terminated sooner than thirty (30) days. YOU ARE FURTHER NOTIFIED that you may request an optional move-out inspection and to be present at the inspection The inspection must be performed no earlier that two(2)weeks prior to move out Call to schedule an appointment at(562)218-7601 YOU ARE FURTHER NOTIFIED that State law permits former tenants to reclaim abandoned personal property left at the former address of the tenant,sub3ect to certain conditions.You may or may not be able to reclaim property without incurring additional costs,depending on the cost of storing the property and the length of time before it is reclaimed In general,these costs will be lower the sooner you contact your former landlord after being notified that property belonging to you was left behind after you moved out Dated 8/6/15 3ulieanne Phan,Phan Property Management HB -1069- ATTACHMENT Item 13. 2143 ATTACHMENT #5 City of Huntington Beach 2000 MAIN STREET CALIFORNIA 92648 DEPARTMENT OF PLANNING AND BUILDING www.huntingtonbeachca gov Planning Division Building Division 714 536 5271 714 536.5241 October 19, 2015 NOTICE OF FILING STATUS AND PUBLIC HEARING APPLICATION PLANNING APPLICATION NO. 2015-145—APPEAL OF DIRECTOR'S DECISION (17416 BEACH BLVD.) APPLICANT Daniel G Richmond C/O and to the Attention of Cristian L Peirano, Peirano and Associates, Inc., 1666 North Main Street, Suite 350, Santa Ana, CA 927Q1 PROPERTY OWNER Phan Property Management, 1209 E 7`h Street, Long Beach, CA 90813 REQUEST To obtain zoning approval to establish a medical marijuana dispensary PROJECT LOCATION 17416 Beach Blvd , 92647 (east side of Beach Blvd _ approximately 350 feet north of Slater Avenue) Dear Applicant NOTICE IS HEREBY GIVEN that on September 11, 2015, the Planning and Building Department received your appeal of the Planning Commission's denial of the above request NOTICE IS HEREBY GIVEN that on Monday, November 2, 2015, at 6:00 PM in the City Council Chambers, 2000 Main Street, Huntington Beach, CA, 92648, the City Council will hold a public hearing on the request described above Please note the applicant is allowed to present to the City Council tap 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 Ijames(@surfcity-hb org Sincerely, Jane Jam Planning Manager copy Property Owner, Phan Property Management, 1209 E 7*'Street, Long Beach, CA 90813 Cristian Peirano, Peirano and Associates, 1666 North Main Street, Ste 350, Santa Ana CA a')7n1 Item 13. - 144 xB -1070- 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 2015145 17416 Beach NOF CC 10'^' HB -1071- Item 13. - 145 ATTACHMENT #6 SUPERiOR COURT OF CALIFORNIA, COUNTY OF ORANGE CENTRAL JUSTICE CENTER MINUTE ORDER DATE 05/29/2015 TIME- 01:30:00 PM DEPT C11 JUDICIAL OFFICER PRESIDING Andrew P Banks CLERK Myra Nakata REPORTER/ERM: (ACRPT) Jay Bullard CSR#3455 BAILIFF/COURT ATTENDANT- Kathy A-barez CASE NO- 30-2D14-013745511-CU-MC-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., Darnel Garfield Richmond CAUSAL DOCUMENT/DATE FILED: Motion for Prefiiminary injunction, 04130/2015 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 wnt to the appellate division), 04/30/2015 APPEARANCES Cnsban Peirano and Sean Bozarth, from PEIRANO&ASSOCIATES, INC., present for Defendant,Cross - Compiainant(s) John M Fujii and Michael Vighotta of City of Huntington Beach plaintiff Hearing held Court having considered argument from counsel both written and oral now rules as 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 'Tne 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' applications for business license Section 5.08.180 requires any person seeking a business license to submit an application to the Finance Director and, in conjunction with section 215.030, imposes a corresponding duty on the Finance Director to accept and consider the application. The court therefore orders the Finance Director to accept petitioners` applications for business license for consideration The motion for peremptory writ of mandate is denied in all other respects A review of the City`s relevant code provisions shows it is not required to automatically issue a business license upon receipt of an application and payment of relevant fees. Together, municipal code sections 5.04.060, 5.08-180, and DATE 0512912015 MINUTE ORDER Pagel DEPT C11 Calendar No Item 13. - 146 FIB -1072- CASE T7TLE- City of Hunttrigton Beach vs Richmond CASE NO 3tk-2G'l x 4s5 f��.�-1[�SG-G4�G 5 08.360, and zoning code section 240 02 provide the Finance Director and the Planning and Building ! Department with the discretion to grant or deny a business license, and expressly nrohibit them from issuing a iicense in certain situations Therefore, unlike a true receipt, a bLzuvess license is neither automatic nor guaranteed under the City`s statutory iicansing scheme (See to re fl_B (2D14) 58 Cal 4th 941, 945--946, Peopie v. P►eiers (1991) 52 Cal.3d 894, 899 ) A wnt of mandate will not Ite m compel the exercise of discretion in a particular manner or to compel an act the law prohii . (H-N and Prances C Berger Foundation v. Perez (2013) 218 Cal.App 4th 37, 46; Orange County Eaptayees Assn. V. Courry of Orange (1991) 234 Cal.App 3d 833, 845.) Cross-complainant HBCG`s (cross-complainant) motion for preliminary injunc tian 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 appl►catior•.s and relevant fees The motion is denied as to all other hatters 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 Peuftoners 20 days leave to amend if so desired It has been raised in response to Cit 's sur-reply The Ciry and its afl-icers, employees, servants, and agents are hereby enjoined from refusing to accept business license applications and relevant fees tnrough the pendency of this action or further order of the court The Miscellaneous Hearing is scheduled for 0610212D15 at 09:DD AM in Department C11 Court orders counsel for defendant to give notice DATE 05/29/2015 MINUTE ORDER Page 2 DEFT. C11 Calendar No HB -1073- Item 13. - 147 ATTACHMENT #7 240.02 Zoning Approval Page 1 of 1 Huntington Beach Charter and Cosies I tlp Previous text ; PRain 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 13. - 148 1x13 -1074- http://www.gcode us/codes/huntingtonbeach/view.php?topic=zoning_code-24-240-240 0 .. 10/23/2015 ATTAC H M E N T ,#8 5.08.360 Zoning and Other Regulations Page 1 of 1 Huntington Beach Charter and Codes Previous No Frames MUNICIPAL CODE Title 5 BUSINESS LICENSES AND REGULATIONS Chanter 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 xB -1075- Item 13. - 149 http•//www.gcode us/codes/huntingtonbeach/view php`topic=mumcipal_code-5-5_08-5_... 10/23/2015 ATTACHMENT #9 ORDINANCE NO 3703 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 in California cities where they exist and upon the determination by the Federal Appellate Court that such dispensaries are not legal under the criminal statutes of the United States. SECTION 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: R Medical Marijuana DisRensary or Dispensary Any facility or location where medical marijuana is made available to and/or distributed by or to three or more of the following:a primary caregiver, a qualified patient, or a person with an identification card, in strict accordance with California Health and Safety Code Section 11362.5 et seq. A"medical marijuana dispensary"shall not include the following uses,as long as the location of such uses are otherwise regulated by this Code or applicable law: 1. A clinic licensed pursuant to Chapter I of Division 2 of the Health and Safety Code; 2 A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code; 3. A residential care facility for persons with chronic life threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code; 4. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, 5. A residential hospice, or 6 A home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code,as long as any such use complies strictly with applicable law including, but not limited to,Heath and Safety Code Section 11362 5 et seq. SECTION 2. Section 212.04 of the Huntington Beach Zoning and Subdivision Ordinance titled IG and IL Districts: Land Use Controls is hereby amended to include in the Use ordl05 zoning chp 204 and 212 manjoanaB/4/05 1 Item 13. - 150 HB -1076- 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 fi-om the lot Iine of the parcel of land on which the medical marihuana dispensary is proposed which includes all the proposed parking and.: 1. the lot line of any other medical marijuana dispensary within seven hundred fifty feet(750') of the lot line of the medical marijuana dispensary;and 2. the lot line of any building used for religious assembly, school,or park and recreational facility within five hundred(500') feet of the lot line of the medical marijuana dispensary; and 3. the lot line of any parcel of land zoned RL, RM,RMH,RH,and RIVT 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/05 zoning chp 204 and 212 man3uana8/14M5 2 HB -1077- Item 13. - 151 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: I. Construction has commenced or a Certificate of Occupancy has been issued, whichever comes first;or 2. The use is established. F The validity of a medical marijuana dispensary zoning permit shall not be affected by changes in ownership or proprietorship provided that the new owner or proprietor promptly notifies the Director of the transfer. G A medical marijuana dispensary zoning permit shall lapse of the exercise of rights granted by it is discontinued for 12 consecutive months. SECTION 3. This ordinance shall become effective immediately upon its adoption PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 21_%t- day of March ,2005. r ATTEST. APPROVED AS TO FORM: k f�A, City Clerk 1 City Attomey REVIEWED AND APPROVED: INS ATED AND APPROVED. x City A ministrator Director of Planning ord/05 zoning chp 204 and 212 marijumaW14/05 3 Item 13. - 152 HB -1078- 1 Emergency Ord.No.3703 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 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. AYF,S: Hansen,Coerper Sullivan,Hardy,Green,Bohr,Cook NOES: None ABSENT: None ABSTAIN: None t,JOAA L FLYNN,CnY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis ofthis ordinance has been published in the Huntington Beach Fountain Palley independent on -00"A.-, P�tdn 31 ,zoos In accordance wit the City Charter of said City CU Clerk and ex-officio(Aerk (} Joan L.F1)m,Ctty Clerk of the City Council of the City T .� Deputy City Clerk of Huntington Beach,Califomia HB -10 79_ Item 13. - 153 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 I. 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"R7 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 , :L OA or ATTEST: 4owd INITIATED AND APPROVED AS TO City Clerk UORM• REVIEWED AND APPROVED: City Attorney CityC REVIE AND PROVED: tpr Dir&(Ct0-rV0f Planning 07-1118/11"2 Item 13. - 154 HB -1080- 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 ordmance 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 I,Joan L Flynn,CITY CLERK of the City of Huntmgton 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 OJIJJW4—) In accordance with the City Charter of said City gpn)- JqWL.Fl n,QJ1y Clerk CA/Clerk and ex-officio Ork Deputy City Clerk of the City Council of the City of Huntington Beach, California 1413 -1081- Item 13. - 155 ATTACHMENT # 11 04 18 Prohibited Uses • , CCLIF 6E—GENERAL PROVISIONS � ' diapW 204 OS�CLASSE �0S W 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 oIf 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. AlMedical 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 13. - 156 HB -1082- ttn//www oencle ne/cndec/huntmutnnheach/view nhn9tnrnc=7nnmu encle-20-204-204 1 R&framee=nn[R/1 R/2015 6 01 3'5 PMl i I I I i # 12 04 02 Applicability ZONING GOb1 PR VI © r Chd CLASS SCAMS „; � Maw , 204.02 Ap_plicabili 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. 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'.'" >e*r e.yeayi- �..y a�r...e _ 3 bWkf 6 R emthl Trarrskkrr8oun S4eaa[a€ •rer a,eard.a�€1+p (Cl �wrokeew e�.sn+a..�I 9.ke.saiaN,ea - _ Imfl Clu kc. .. r.ait - arc e...w..erhw d4r.•+.•w•• � - oraW rmbm ed Na .. Caealfenr �. .•-'-...ak,.,ewr as r�geee,..n. l- uaaVfh.se Wurei,r .34 aE Hue'�S L lLtdti u" kt€pm«tara�N M.sw.lsetoa,ra.wwaxrr. I FKA+N Wt 1>gbrL.es; ..rp�wM_,6w wt_ r,e,r,+�r yp.,.ler a;,ra rrae,ra� dLMx arrnce sr.n,we.as rrx,uw r..erre�m.•sem;.ro....,r.--_ i,_u fMradd Carspr9. -+Wtithm�n 1WflCU S7Sfe ewStc . 5iFDlct Hel u€ £ st-d W - Pnhne fl S r ,r,.riy rr.ur saa,.id>W�hmkec®y€Nawrr w.arspw _ .:.- 7S,2Hb�•1H Ra i< .cw e,.mra - I+z rd�rrir,�.w•s•ru,p.w........r.er 5toxim Muff* rtloes RM NeWbbgrboad Sb"1 sexy:ail - _ N ct9 wesA"6- r....a.,: PeblPc S aac+rl` Br. neiped ear ue s.ea sr.a n+a aw.r eir I*9 srawwrvwl....,w r+v.p sHighm- afar tr..rn..€a il.YEi Alky co pAWN.r.kaM sM4,er.�llw �'Ikrl,,rpeee,Ar� col N gML wn Eq.mrs.�Akwun,roaBinrpPAg 14 dt PiOVI9W11 PtIb C 5 CEt 7 t PNHfWn a(Paklta - I H !Art uAfatk rrgath om kiklp 30.t l low of k[UI Ig XeWAllehm rod kt Ctvk lc colwr _ _ 301 nx i66C t f a odnl ao msx -11 too k f 1 l000 r! wvmn dod 6sr -+dxf Imam 1 A .dlrtmmR [awe Work seaf.,rear w lmrt tzwAntmmn Reddsal5d 3Crf r"A ktirOM wkllen MD 9 5 sa�fleo241 IubY[ ! 1K Reodst("mft 92. nrwa mom 79 Na s 'm immiromaa _93 tldhk 3 k oudke wilho 7os fre3 T - i Rated _ ,J%.. _ -Refit!hrurs4ma. - - ><a. civic cuthrswt re. r 1000 ox d.",ldamr Uldce x1a.. locotka on dK nwwNnsollw erdRoer ahl W mp - trm bwwn r MI U"wardr r/a I I.weLr 4ous,rarmx vhm sly Rnldeoflel 1per11rw nw1m. q arYrfrrrlMr itlnt 3oosi klSS a Adloaiad A Moli-Fsm - 6C•C 1 wng Peraoarl•1RrNeur srrNrn kkraltldd S Dtadmil 9rw Fares Hm -nIa to m imesf 'r+ten!s -- -- enwRar of faawr 7. d4AtLrlfc -n I6tatlalm wd�.nosno ft![ eao3ekuw. a 61[ 1 Park rrdrord�i on"cor moslimmama 77.tk Sr1 Ifoetr Gn'ers - w I"Lf �mx It wfib.5d6 tan komts 11" C6ihatrixial G6sde A Ma!!i Saki Pede mom"ed # L2) Mad-mock Groin es 1Cdd s f )a .l r ear krndwom 11wP>bE]!`of foe" 2 C and taw r6cluoa �sm tee w gal! 8 Pa1tr Rues civk f ch"mval - w �" ParkfPl d IOddsd - 4mio,m�r Aorri SA R+J 65 mate Apan usto7yiLw laee11an •hkla.$m Aw rsrrkraorowrea Yost „f Y1coumalrd anma4ad oaea-rkehplr..! wivm91I dYlw q!Y teepw:duds 7 Y sds,4 opY pt- 0,7m" Is.r rsrrh tled kK tlm wrlow.ltmomr as Swo pp f kktk am C>Ardtw aed 6.UAre-Midrtrl Y" Hamm ■ n lcwr.L 4 3 moo 17 S AmrkwAd err rr h.7 a&m mem■rw M%oC heci PrrcNus - W 2mre-Wd r rr: trarm ,min.;mm" efletksrss UMMWatlr sMP hwj4kn men klthRp'kl ku 2Y7•Nrme he 6 m A mm cDotrtl RMPI P"wju �f to Bsr Mrsd s rradt r.into1 I war deer of I f CaMrol BkNFs PP 1" - em Cain,1a kltdlr bftMIIn 6 8 Oven. ImIlorl "ideated k a cmum 1lmKw vIr pen-mod oared or ant Y3 3 wkidnow Ulm Cis madwaw how Im fms 2tt f daftot k2 k CS$kMgrtt Am in Wpm aces dodos a I br oAt 3+em mwidth -n wwlh Pl2lSIe1CP$fKkSvtilAtll111!#r t!r NAk Iwl4 H'on of 1 AISIdesaiksaknrisw an rrgw*lmt 2Smhe C Ci A Frrkwi�'pE"ardfd�Em.�.-. r r r t4 or3h 5>�r S rnraq rsasltlrr�rR wkiriKamrh 4n 1112 IF�at 24 to � e Aaakrxard LmeAeco�l - iweatkon -�. rtssknentu width In rrkm tfwt rborhosd�StmO L-6 - re - tines, colowEEMgm - sever orb-Belo r frvrcrior Bkock SetbscktAiwn pff.f0U6 s! oranl;saa r�dl 0-Tn't➢s Simi P..kw a Grammemra rcomd C6rtllr piL mrulorwok gage rmsorsrarcda os$ea. bat k er Seseain W ISM - C om SIED MEMO lscoolw an tixtar maskulsm AMM lost wW 7a Men Dm °* w lft�-i #radr.daRewRI d Lmmd 1— e' A2 7PX*M9RegulatfansNare 77tearaminrummanlier CD rwim■ qfparking.tp9c-prrmfned atrlyapplies ro pftrlang re 9 wces that are pravuW m smrfare parking face 23 I--r ILA ! 2.2 BUILDING USE REGULATIONS clErKerWhtmeotArKleorsa)cwiv"W"Uses l7ehirmon A.a mratat}+road- 9&m theatm'a I ; I Ll41finmon Small btasnaaawas selling Small setwowniamn • For the purposes of tbhts Plan.ailpmutted mid oaa&hrmatUy pmmftd buiding uses mg reserwoss or activities faexerem food said goods.or providingcoovo- Smell"a gm=or food mks • have bow classa8od may Us.■Type. Each.Use 7ypa is defined in.text blow cad rr<laaatwa orcaraoyrti"this is at loaf aienae sservacts,to eerie neirby rasad■n- CotiV=V=satires ■ 1 S,00 square feet m sue and is a proven tad saaghrburlwuds such as those hated Weiade5llaM tbOSe barred tat UfR Ong l7 Cht$is 71oe Use Chests generator of s1gsu5sant Pedestrian arafl3c Deliratessma,cafes,bakeries • mduda spRcdac permitted,coodatiosal and pmhLbite3 uses for each Use Type and ohs such as those Issoed Flarists + ilaesdiatodai permilred I regltLM0 Hardware aterst;Ikxk Ley • lierain and are defivzd as axes pnmtlpsl by right sulipd to approval of is Sne Plart Bhous fern w Lisa leased n coxrikrtanaf m tbta section we de&pad as film wbfth requura Vuloo rentals " special consideration esthter oftheir unpsexa an the netghbodmed and Land UMS in the 1 Eating&Drinkiffl Esta hments -Estug&drmksog aaraibluhmeats vicusity and/or of iberr physical orgauisauoa and dens A stanntitirmal we deg be Re6niem Raissawanta bass,dubs err Full samwe • w/lea ihsaa 12 seats + ossoodered Gar eppsoval sftho proposed use oo®fxuxt trsda aid roquiromemb mod otbw dnnluagleatasattimene establish- wf Oemdow dins i m the,conditioned use pobeAs said IN aanfarums wok thin goads and vision of the Plan Mesita Midi sa shoes Issted w/Livc entestaamieat c h 9sulrsassServkes All portsstbid ayes Pr a suWa Creator or Sgpcot sea ah cried crdaCr dono cr in w/Dianc5 o lletinNron Small Ea me#tsm srrzed bias- h3aaka ■ corstlawshor%Tthany other pirmusted sacs warn apaired Proposed um that am met WIM01ohvl a nessea ptovsalmg s+ervscea so Ines buts- Mad/sh sevtoes ■ explicitly hated in the Use Chou may beperawetadsfa is detemnnedby theFlannmag Vendor cents,spaces,or navies sod reafrheuta such as tress.Iraad Office ■ 1 fhtaxur that this p opts>rd vies max the purpose and mtentofthe Phan "it entertasrmeut f80dmes Phodoeim &training e cad 3pccaal Conditions for Eating A Drw1king HstaebUstrsrersrss Sp■ctad Coashnons far$ossaeas Saavlow Fawn al an v<s cea c Net Pemutted (1) Froancnl smrroas dull be pesmstted m this category provsdusg Ira[they {l) YeatdarC`suns.,Sho�tRs.watcads+rntlnn�apsbLcngbt-of way�tallrogaae + Inctuded Use then uses are allowad right subloat to Sea Plan Review arc coal uarsces a se,r eft to and gaaemd undePoder nm traffic Other Cyt a �tea pew' imaawal eexvnces asas art fe be caaxsdersd snider`3l t?.ffiea"rn this 4 2 2,1 USATypes (2) Chain mid tnbics fur uoldum dteaag A"be peimattesd eat st&vaW sec,hiw � withun the setbacks sane and within*a public tight-of-wept provided char 00 I Retail (a)The use mamtams a tiimtmiw tive-foot We snobsotsw ed pslrhoa of 0 Feersoirsol C. I7d - � sj �axal Ttstmi Regmremmss sidewalk aorndea which is dear and wounpedad for podoea^rsa traffic iiefiisshon Small to ma$eum had h3atbar f ban&nod salons • lrusrrserses prowdusg aarvicce So focal ,Tasman salons h • a " L 1 j ldarrsmuus interim haysght for ground level resar]of ail types rs forbtoen ib)7hc use l aapx&e fail width of the hasldes<g axirtraace clear and t out twlda araoh sa chose Igted Y A kaasao studsas • m {14}feet finite hoar b e erinag Use cooversrons to am cie sting lawidrtsg nnempadad for bneldssug access oteanmg esaabbalimous $ �" - may not be required to meet this ragiareaiasist Selfaavace laurArranala • (2) Any uses featuring outdoor odes or outdoor atoxis a not clearly ancillary N to use sban ragutm a Caxidtbond Use NMI a hl Persorsal Emtchment Services i7efn auto General resnl easabhsh masses. aid&800mosy stores + Disfrintim Provssion of rnstiewanasal Driver adumaton • saFlMg gualsly1speeMly goods such as book star • aeavncer tar firraletiea tar or her Sfose lsatari asstatt rraartint lutes lrsa' • AA knes + gmess shidms aaelgian Goods Anchors LargeScsk Goods goads that,due Open wr1nsisk t' w Fine aria&craft • De6mtton A"rsegoneh dewnason' Departarent stares • to then ties,may require clue access seeds.hand 1 sum tie atorea me-food retail swre that as at last Gcn"snanhwdase stoma by cars and trrseks suds as apylmaras Afflumost ft ataectromn nmrps + ment9al& r . 30,D00 aqume fear m sue and is a pro- stook supantemss • electorates,apsimul;soods,f6mitwe s ateaes • Dednittnn Susmessea providing Plea nb servscea ai genetetor ofstgmGcuat pedratrsens and bom r fen itstungs Fra<snhue&home fwnuhangs swrons to industry,services that are Vacom cleverer sowing,and apple- traffic and sal each as those lalRd ne-r..��.1l.�"0"43 ■■��O��fs��. • aM • tnditansal m tunre;at services that aura wine rqw +ivahty bore•d'qN�'��'�"" " — - — bete suited to an auso-onarftd•"vetoer- au stores (laxalmnos e WOW ausde as times pessd b Commun!U(hlenaed Anchors Cm A n hrnienC La Scat o G;Pmp . sd Goods _. A Defanrton A`Local deslunabost stow- S ■ Definition EatablssAinats purvrdsssg 3madl acek rnavK thsnaera c Winmen Susmessea whose primary LVarethouse(noes] • verrsenoe More[hat is at its iS 000 $ food markers s resources ora ctivitietfoa mxrrase Boob rattans,&11,41mird parlors c arttvi£y is the sale orrepau oflarse nuipment retail • aquwa feet in am and as a proven Pharressaws&coovrarserwe relaasatim wcoderymeert mro6 as deoae Ffes<ltb&txercese dssba c scale ICoenmaraal goo&that we not CoeauuctsonMWIY • generator of pedan nee traffic and sale • laded Amua•aasat arcades - psruwlarly well suited to pedestrian R•sre„sat supply ■ such as those fussed dwrxus arad that require elate sutas 4 mu Q Coineiry orimied anchors cars,And trucks such as ihasa kited Auto wipply.twex • CdS over 0,000 s f c s-4 28 M r�yN i.� Y� M 4) Lodg;bg _ 2.2.2 Special Retail Configurations I� DdWrb d Bicusenet did sell illy Mattr vdncle"ales • D$inmaR Short-twin eotisriierCrat 1,4. Bed�6rukf m cad Agsmes • kind of toolonzed veludo such u Mow Mil taalwes�s thaw:lusted HMO. 1) DeSaiblotF F' Houkan.W. • spec:elRawlCm prrmons Least dwuzsafm&vWW ftnmu and doWtdatnoans permitted as 2) Civic crass CaMtral _ wall d atofdntwpthsomhiervicin bborhood Cantor mid came Siam retail attstua^ -Live-work Definition SUVICea(induikugeduca- RehBous c Dcfandon A dwelliria uJut ut vvhwh the Lrva-vwrk us b 2) "'""&'""anion tion and auhues),otdural institutions. Butball,feWW1,sager,trans. C occupant cooduch a bwo-bond bust- - - _ and ntFreat sad famlrtres made avail• and od xx fmldo and courts near or cateq rase i) 'Wham retail rs'puarnuted as put of a NuaghborhoW Crwusta,Con=Stara of abFe to thegcn•rd public for(fee or at a Colimaity cmitara c ainvewthrougb it shall conform to the Mowmg size sod louumon regairamew reasonable coat sash a*than listed l3ducaiiarial f�rlivaa c ) Special Caodmaas for IA—Wak I fddaor EWIC recreation tuditiss c (t) Work acdaittes that regmra hmmdous umnibly,mcludmg falnJoation, a) 1V90berliaad C9,W4 r Ubrartai o mani•r c t•,ng,repair,or processft openaltons such as welikog card Defizatwn A rdatl clatter(tiro or mac abulhaa rotors consisling Fadruldnan,aanvrmsim,or oorrrer- c woodworking,arvenuos uaelurhng fhc handling ofadmuds shall regtae at of(PM Mead)woe uses,small-State shagpin&and personal services lb" Once eargm Conditional Use renter provide goads and services ameartos to nearby readwtVal neighborhoods Cq hats c (2) The rametinum number of employees not inchidmg the awnm/ooeapattt is d) Spocial Conditions for Neighborhood Serving Retail tj�ff'tah c bruited to twe peruser C ourdumuaa* c (3) O (1) Lzatted to a Ma7fa9G i of two cmmrmnuly Wanted anchors lctuwums c Owe euabltslsed Live 1Vark, ma not bar convened solely canraercaal Pcformirieam fawlares or Iwsa maso However,LivaWatr uniutrary revattosolelyrasutkmtmI ) 1>i>itEed to a af2S,00a agues fact of nonwooha retail o Stadiums,trot mdudirigamduwuS arse(3) L.mnied to stxa of 3.000 Sgi>$re Rot pet raffia$and 1?runkmg for feSsioa teams c araabltslt»erts Swararr is a 6) RaIden al (4) Condivaad Use PatmiL DeveliVinent tncto"i;non-anchored revel uses Post mam a Odti own All owner-aad reaw-avtpred dweRuag anast uicktdmg amrIM aaad c=GtAns a rotas of 2S 000 Sgaarc feet pip Trarimt faethaeS,herram2l>4& e detached hanse%mutn-emit buildings mannfidured and asebtle homes GIdC3 stations b) Ct1enerSt"is i I.Pollog Stations&lire StartatS c W Multi-fam #h Co Defmuum sa8 A co store or clutter of moms udegrMxd too it larger buddang on iz7 04naron SwIdwga daargrrd u s the canner o£a Caty black Caner SEort�corisa*t of(petrnderd}cwirentenw uses x 3) Office reso41911M for multiple hoseholds wheat• Dwdlmg uram,prop map,two or c till-scale abopping,and pettianal sotvaoes dint serve homncs ar busaiesaes located some dwelling wM are aDomoil from a more hotsaheld+Per structi fe vent to mouse duaence G Proks5lonod Swvicas common lobby amity cc shared milway � Whrohon Workplace uses including Research&devela offices • i} Special Canditrrrms 8r CbmO'Stara Renal ! Prafeamrmal t&aumsnatrve,reaearch Frdnxatusial&inshtrltnow nffe a (l) Amacamum me of2,50 square fat per time N and devetopisient,fins a[,and erica- - b Multi.-farm wfth Individual Entry -,W d aoovraica far bu*riicf, nduca- Phut&draronii.mm dia oflicu Definition$alder e s (2) Amaxrmitm size ofS.000 sepdusr feat too per cluster ' (-WgWCr,m radio, ' rMdowe for susulupla bauaehalds whens OWahli units, two m air,and non-profit arganszarrcassu�b sa lelewson � �ram' a () � anger the 2,SW sgme taet shoes bared all dwelling wrus have a dedtcated more households per aotudurc 3 [sin m.,tt•�Ilse lrarmti Fad[vulual user l Dada or Tdemmmimicatoes aF • eauance oceea*cd cbreixty imam is public pmvidod that the use w unique and not already prcvmd•d wNhm oa►(1) Rya sidewalk stale trade area. Any other prof good,executive 01 MinLiustratme alfise use ` (4) C—Store Satins initz be laiated on the career of a block,avid the G entrance must face a pabhc sheet,Up me.or ph=space � c Attached SIngle Family Homes j_ Wiinnum Aus�horriea on aeparaie l]wall iuiita, !.--2 • u) narking spaces mteuded far Carta State 13545 mast ba loratad an sheets O� { _- - stied panting ui dacorsaged far tamer stare and JmU require a cwdicio d use ON parcel**haring common walla with each Dwelling uatb,lmaary.we c poinid ' tefiaution ModwAl ww44aac nun and Row"&dears#odt8caa err fftuh home feeiurms an ea"m wetiood hoadwid per atnictwre esta bliAmedu with employees with tin* " do*dty frow a pabhc ssdewedk medical hegrim Suds as isms*loted Indoor dimes e C) IirIYe-Tkmtfg�r A Awpunc#uro,phyruoal tltanpy, - - -_ Qefitatim Semoe,from a huslding to pergiart in vehicles through an outdoor chi [actor • Detached 5 It service window Psychiatric • Definition Aderachedbw[dingda %JnJ , • naued as a na&mo for"a hacur&Old IDwelling unds,primary,"a Adortuary aervraca • houtholds W smtitint C ry a,R 2.2.3 Affordable Housing Requtfement d) Athedlcrfam Pro-Whim Tkes secoot contains standard and gueddines W exesum that 9WdoWe.housurg n i) The candnrons of(dal for any project that rei*ur"affordable Deals shall 6 pxnvided th roughawt the Spm&c Plan area,ooaseabau with the City's Genecel plan rpersfy the W9nwmg claims Housing Element (1) Tho number ofaffordablatmupi. 1) Repbtlon (2) The number of=00 aW a"mcome level w defiled bee the Cahfmta Health and Safety Code and g) (3) A list of any other mceunvas offtired by flee Coy This section shall apoy to new residential projacu three(3)or more Iota in size u) A.Affindibil.Housing,Agteenient oudiuwg all aspects of the Word" housing proviisums"ba emoulad between the apphcamt and the City and b) Requhtroemb for mew oiketr grade dde) recorded week the Orange County Records s Office poor to rmnanc a of the first buddsng peermt For rental prnyeces the Ctry Dovelopmeal Agreement r) Arinnnanm of l0 pmxcen oftd!mew reatchfnitaW cruisuimcnon shall tic affordable mall be used Fmtstug units,unless the prgjoa is wtthm the redevelopmeat projea area,m wlwb case the equtralea of I percent of all new rendennal aanehwctian daft al)The Agreement shall sprofy an d1lbi—mlity term ea sp"ad by Sector+ be afRwdablo holding wises 230 26 of the Hemenigion Bauch Zoo sod Subdrwarm Ordinance it) A City Development Agreement shall be eegwnd fir projects that andude tv) All affardable tto-wtn units in a prgjact shall be constructed sauewrmdy retal antis ws&of pnor to fie randrucbon of tfre pfmmty Wolixt slices uoleas mkerarise its) For sole runes included in tha project shatl be made avedable to modmate o-d Wougb a ph—A Alas, final approval(—upuwy)of the firg ms,erw huenicl,tars as defiaed by CaUbm a Health said Safay Carlo Somon mailed raft raeadenual uses shall be twauagerit IqM the a mpdeamn and 50093,m s successor statute puMn avmlabduy at ovideuee of the apphonnes remort a prwass towarda areamment of compleneti.oirdw affordable owls iv) Developers ofre9r&rmlalpmjwm may deato pay afeetohauofprawelftdw v) All affordable mites moll be reasonal* dispersedthroughout the ui r Bohm on-ate to fulfill the requuaneat of this section as allowed and pursetant sho ate age GO to the aquhreauerns of Section 330 25 of the 1%atragfim Beach Zoamg sod unleAs tea d the°°gd a tttasm plea !deli contate as average the 00 to Subdewwm Ordinance; the some number of bedrooms as market ate units an the p qwa and shall be CD 0r comparakdovvith the market raft units in terms ofodanor appearance,materials tie v) Deaet tied opars of resideafrd projects may te to prornla the affardabta units of andLrushed quality ' p° an off�dw locanma 1f aERndable tins are atk te,they most be trader the Sill `t coutrol of the appiscaat,or odter approved party and retest be located vnttm the w) affordable mots alioll be tieeuptexl m the frrllawmg mama Reach FAnger Condors Specific Plan area boundary (1) if remdentrat rental emus are betng dunolished aid the aeortum leneae(s) von) New residcmal pmjaces shall include cwuaructioa of an entirely new project omits the aligifutity requtrarnenta,ha/ahc shall lit give"tie 118111 at 0xrr q -new muff added to an asusung peMect For purposes of dournmumg the taA"to oawpy the affordablei tmus(s),or ' requited number ofaBrasdehle housing wets only new stun shall be Counted. (2) fftthare rue no quakfied tenants.or if the guahfied tanant(s)chooses not to ey awo"the right of fro refund or if no damohtren of reatedimbed round - C) lI f''ShE C6XStrtit9d0h 19fAff40M e►,i k UNIfi mica scars,du gaatt6t:d households or buyers will be$Wooled h) E=pt as may be ragnered by Califmnta(Jovetnmeat Cade Section 65490 m a successor statafe devalopers rainy Fronde the rcgwncd offordablc keg oft c) Pkatc9e rrf4ffvrdxbk(tuffs w site,at our or aeverat sites,oath n the City of Hi mtmguar Bcack m the Sewh Affoadabit baua ng cost aball be calculated in aceordsam with the Cede Sallow pC Edeugar Coned(rs$pacific Plan area 50052 5 imadrrds for ownwalup uxub and Cade Section 500.53 slamdards kit rosrlsd GJ it) dtFate projects may be tow constxnetran or smbsfturttal rakahshtatton,as teats tleftnedhy the CodaSachon3'1411affordablehanmg production reworements, 6. z nits of amatmg awn rea6rcred u coaiddKmed nuns becug aartrictad to long-term t) Reduced Few forAffprdaWt HoAdfkg atfordabmhty 'At Risk'Vita idearte in she Heususg Element or mobile homes may be used to seta*tlus regmretrreni. Pro)eds that exceed mdeurtaaary requuoments on-sttn wilt be dWble for reduced us)All affordable ofPcite ban=$stroll be constructed or rdwiluhtated prim tit MY fees purwumt to an Aifiordabke Housing Pee Reduction Ordinance upon ca caocturetdly wa h die primary project Final approval(ocoVecicy)of the a `m by the C C ity emcd fret mukat rate resedential unas atoll be contingent upon the caa wletton and public avadaWity,m wvrtWwA of the appltumt's reastmabla progress Sowards g) Danio Boxu3Imcmdva nuamrnew of completion,or the affordable wale Prgli nets that inset the affordabiWy provienans of Section 230 14 of the Hwntragton © S e A Zu nutg and Sufidtves"(hdwaare for dauuty boos shall be granted an 1a emeve(s)or conoasuo*6)pumie t to Seaton 230 14 rq va--i 50 k t-1 I� ATTACHMENT # 14 City ®f Huntington Beach 2000 Main Street + Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachca.gov gas. Office of the City Clerk 77�999, ` 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 Medical Marijuana Dispensary At 17416 Beach Blvd., Because Dispensaries Are A Prohibited Land Use APPLICANT Daniel G Richmond, C/0 and to the Attention of Cnstian L Peirano, Peirano and Associates, Inc, 1666 North Main Street, Suite 350, Santa Ana, CA 92701 PROPERTY OWNER Phan Property Management, 1209 E 7th Street, Long Beach, CA 90813 REQUEST To obtain zoning approval and a business license to establish a medical marihuana dispensary PROJECT LOCATION 17416 Beach Blvd , 92647 (east side of Beach Blvd , approximately 350 feet north of Slater Avenue) Dear Applicant NOTICE IS HEREBY GIVEN that on September 11, 2015, the City received your appeal of the above request NOTICE IS HEREBY GIVEN that on Monday, November 2, 2015, at 6:00 PM in the City Council Ch&n�bers, 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 pnor to the meeting to make arrangements Also, if you have handouts or presentation materials, please make sure you have sufficient copies for all in attendance If you should have any questions or concerns regarding this appeal, please feel free to contact me Sincerely, R qJoFlynn City Clerk copy Property Owner, Phan Property Management, 1209 E 7th Street, Long Beach, CA 90813 Crst7an 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 Director 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 ® Waitakere,New Zealand 127658 docx 1413 -1 O89- Item 13. - 163 Pnnt 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 corn 92647 Request Ciassification 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 Counalmember, 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- 1 0/27/201 5 5 22 PM By Johanna Dombo Enter Field Notes Below Notes: S I' !R�2�L EM- ENT A.1— COMNIUNICATION Mee,ing Date: 11— ,.—/S- Agenda Item No. /0 / oZ 13 http //user govoutreach com/surfcity/printrequest php?cured=2423830&type=0 11/2/2015 Pnnt 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: §" 9 N T L COMMUNICATION Mpetino Date: //-- A —/s Agenda Item No. / /� ZoLI L3 Notes Taken By: Date: http //user govoutreach.com/surfclty/printrequest php?cued=2423913&type=0 11/2/2015 Print Request Page 1 of 2 Request: 24188 Entered on: 10/28/2015 11:14 AM Customer Information Name:Dylan Hensley Phone:9096331193 Address: Alt. Phone: Huntington Beach, CA Email:Dylan_hensley@hotmail corn Request Classification Topic:City Council -Agenda & Public Request type:Complaint Hearing Comments Status Closed Priority-Normal Assigned to:Agenda Alerts Entered Via:Web Description Medicinal marijuana has been decriminalized by our state government, and shutting down dispensaries such as this one makes it even more difficult for patients to receive their medicine The focus in city meetings shouldn't be medicinal marijuana dispensaries Closing legitimate businesses such as this one leads to increased crime rates from illegal purchasing of marijuana on the streets from criminal drug dealers This also leads to the misconception of marijuana as a gateway drug The environment leads to further drug use not the substance itself This city is taking jobs away from hard working human beings as well How would you like your job taken away from you because of another person or groups ideologies Marijuana isn't addictive, it releases stress, cures insomnia, stimulates diet, and so many more positive side affects Honestly alcohol is more of an issue in this city Dui statistics and automobile deaths would be a more efficient issue to focus your time on I hope someone reads this and realizes that these decisions have detrimental affects on the community you are trying to "protect" Reason Closed Thank you for taking the time to send your thoughts to the City Council A copy of your comments has been entered into the Pipeline system and will also be forwarded to the City Clerk to be included in the record on this item Thank you very much for writing Sincerely, Johanna Dombo Executive Assistant Date Expect Closed: 11/07/2015 Date Closed: 10/28/2015 11 17 AM By: Johanna Dombo Enter Field Notes Below Notes: [41 W1 U N I C A T 10 AI, enda Item No 10 //, /Z. /3 http //user govoutreach cor /surfcrty/prmtrequest php?curid=2424950&type=0 11/2/2015 Prmt 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 Hearing Col -Agenda & Public Request type:Complaint ents Status.Closed Priority Normal Assigned to-Agenda Alerts Entered Via:Web Description I am a 68 year old woman with severe arthritis and ADHD It is very frustrating to continue to have the Cannabis collectives closed down and I can't get my medicine I still work full time and pay all of my taxes, but I am unable to get my legal medicine because apparently you disagree with the law Reason Closed Thank you for taking the time to send your thoughts to the City Council A copy of your comments has been entered into the Pipeline system and will also be forwarded to the City Clerk to be included in the record on this item Thank you very much for writing Sincerely, Johanna Dombo Executive Assistant Date Expect Closed: 11/05/2015 Date Closed: 10/29/2015 146 PM By: Johanna Dombo Enter Field Notes Below Notes. SUPPLEMENTAL GOBM U N!CN Meeting a _ Cte: Agenda lterlift. Notes Taken By: Date: http//user govoutreach com/surfcity/prmtrequest.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: CouncilCity Co -Agenda & Public Request type:Complaint Hear 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 PLANT'II 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. SUPice' NTIENTAL TI COMMUNICATION Meeting [mate: Agenda Stem No.— /D // /2 113 Notes Taken By: Date: http //user govoutreach com/surfcity/pnntrequest.php?cued=2427084&type=0 11/2/2015 Print Request Page 1 of 1 Request: 24215 Entered on: 10/30/2015 2:37 PM Customer Information Name:Gil Phone-(714) 448-7213 Address: Alt. Phone: Huntington Beach, CA Email: Request Classification Topic:City Council -Agenda & Public Request type,Question Hearing Comments Status:Closed Priority:Normal Assigned to:Agenda Alerts Entered Via:Web Description How can you sit in judgement and refuse to acknowledge medical cannabis? I am not a patient but I have friends that are cancer patients and cannabis is the only thing that helps them endure the pain and give them an appetite so they have a chance at living and/or improving the quality of their life while they are alive please explain your individual justifications if you would I just cannot see it bur perhaps you will unveil a point that will help explain this stance for me and the majority of citizens who feel strongly that this is the wrong stance Reason Closed Closed No contact information provided Date Expect Closed: 11/09/2015 Date Closed- 10/30/2015 3 58 PM By. Johanna Dombo Enter Field Notes Below Notes: SUPPLEMENTAL COMMUNICATION Meeting Date: 5.- Agenda Item No. 10 , !t. l 2 , /3 Notes Taken By: Date: http //user govoutreach com/surfcity/prmtrequest php?cured=2428644&type=0 11/2/2015 Print Request Page 1 of 2 Request: 24223 Entered on: 10/31/2015 08:10 AM Customer Information Name:Sabrina Regehr Phone: Address: Alt. Phone: Huntington Beach, CA Email: 92646 Request Classification Topic:City Council -Agenda & Public Request type:Comment Hearing Comments Status-Closed Priority:Normal Assigned to:Agenda Alerts Entered Via:Web Description I was born at Hoag, graduated from Edison , went on to work and pursue my dreams and education at O C C I broke my neck working in the Children's Center and had to drop my classes Long story short, I have had chronic neck and back pain I just returned home from the Hospital after Major Back Surgery to discover my local , educated, marijuana store was closed down This is a painful situation ,and now due to ignorance, I will have to take addictive opiates that cause many painful and harmful side effects I would much rather use God given, all natural meds I guess I will give my hard-earned dollars to another city F Y I I am embarrassed for the lack of education in my local government Reason Closed Thank you for taking the time to send your thoughts to the City Council A copy of your comments has been entered into the Pipeline system and will also be forwarded to the City Clerk to be included in the record on this item Thank you very much for writing Sincerely, Johanna Dombo Executive Assistant Date Expect Closed- 11/07/2015 Date Closed: 11/02/2015 07 55 AM By: Johanna Dombo Enter Field Notes Below Notes: f-C)MMUNICATION Meeting-Date: e r_ se J / / 42 4-3 http //user govoutreach com/surfcrty/pnntrequest php?cued=2429038&type=0 11/2/2015 n City of Huntington Beach 0 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. 2015-145—APPEAL OF DIRECTOR'S DECISION (17416 BEACH BLVD.) APPLICANT Daniel G Richmond C/O and to the Attention of Cristian L Peirano, Peirano and Associates, Inc,, 1666 North Main Street, Suite 350, Santa Ana, CA 92701 PROPERTY OWNER Phan Property Management, 1209 E 7`h Street, Long Beach, CA 90813 REQUEST To obtain zoning approval to establish a medical marijuana dispensary PROJECT LOCATION 17416 Beach Blvd , 92647 (east side of Beach Blvd _ approximately 350 feet north of Slater Avenue) Dear Applicant NOTICE IS HEREBY GIVEN that on September 11, 2015, the Planning and Building Department received your appeal of the Planning Commission's denial of the above request NOTICE IS HEREBY GIVEN that on Monday, November 2, 2015, at 6:00 PM in the City Council Chambers, 2000 Main Street, Huntington Beach, CA, 92648, the City Council will hold a public hearing on the request described above Please note the applicant is allowed to present to the City Council up to the pre-set amount of time of six minutes If you would like to make a detailed presentation with PowerPoint, please contact staff prior to the meeting to make arrangements Also, if you Have handouts or presentation materials, please make sure you have sufficient copies for all in attendance If you should have any questions or concerns regarding the processing of your application, please feel free to contact me at (714) 536-5596 or Names -surfcity-hb,org Sincerely, one Jam Planning Manager copy Property Owner, Phan Property Management, 1209 E 7I Street, Long Beach, CA 90813 Cristian Peirano, Peirano and Associates, 1666 North Main Street, Ste 350, Santa Ana, CA 92701 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov fe Il 1904,P� Office of the City Clerk e 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 Medical Marijuana Dispensary At 17416 Beach Blvd., Because Dispensaries Are A Prohibited Land Use APPLICANT Daniel G Richmond, C/O and to the Attention of Cristian L Peirano, Peirano and Associates, Inc , 1666 North Main Street, Suite 350, Santa Ana, CA 92701 PROPERTY OWNER Phan Property Management, 1209 E 7tr Street, Long Beach, CA 90813 REQUEST To obtain zoning approval and a business license to establish a medical marijuana dispensary PROJECT LOCATION 17416 Beach Blvd , 92647 (east side of Beach Blvd , approximately 350 feet north of Slater Avenue) Dear Applicant NOTICE IS HEREBY GIVEN that on September 11, 2015, the City received your appeal of the above request NOTICE IS HEREBY GIVEN that on Monday, November 2, 2015, at 6:00 PM in the City Council Chambers, 2000 Main Street, Huntington Beach, CA, 92648, the City Council will hold a public!hearing on the request described above Please note the applicant is allowed to present to the City Council up to the pre-set amount of time of six minutes If you would like to make a detailed presentation with PowerPoint, please contact staff prior to the meeting to make arrangements Also, if you have handouts or presentation materials, please make'sure you have sufficient copies for all in attendance If you should have any questions or concerns regarding this appeal, please feel free to contact me Sincerely, gJoFiynn City Clerk copy Property Owner, Phan Property Management, 1209 E 7th Street, Long Beach, CA 90813 Cristian Peirano, Peirano and Associates, 1666 North Main Street, Ste 350, Santa,Ana, CA 92701 Michael Gates, City Attorney Scott Hess, Director of Planning and Building Jane James, Planning Director 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 ♦ Waitakere, New Zealand i 127658 docx .. =4y.- , ,_d � City ®f Huntint®n Beach '� 2000 MAIN STREET CALIFORNIA 92648 4A -' 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. 2015-145—APPEAL OF DIRECTOR'S DECISION (17416 BEACH BLVD.) APPLICANT Daniel G Richmond C/O and to the Attention of Cristlan L Peirano, Peirano and Associates, Inc , 1666 North Main Street, Suite 350, Santa Ana, CA 9270 PROPERTY OWNER Phan Property Management, 1209 E 71h Street, Long Beach, CA 90813 REQUEST To obtain zoning approval to establish a medical marijuana dispensary PROJECT LOCATION 17416 Beach Blvd 92647 (east side of Beach Blvd approximately 350 feet north of Slater Avenue) Dear Applicant NOTICE IS HEREBY GIVEN that on September 11, 2015, the Planning and Building Department received your appeal of the Planning Commission's denial of the above request NOTICE IS HEREBY GIVEN that on Monday, November 2, 2015, at 6:00 PM in the City Council Chambers, 2000 Main Street, Huntington Beach, CA, 92648, the City Council will hold a public hearing on the request described above Please note the applicant is allowed to present to the City Council up to the pre-set amount of time of six minutes If you would like to make a detailed presentation with Power Point, 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 iiamesa-surfcity-hb o.q Sincerely, atam Planning Manager copy Property Owner, Phan Property Managemen;, 1209 E '7.' Street, Long Beach, CA 90813 Cristian Peirano, Peirano and Associates, 1666 North !Main Street, Ste! 350, Santa Ana, CA 92701 I i 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. 2015-145—APPEAL OF DIRECTOR'S DECISION (17416 BEACH BLVD.) APPLICANT Daniel G Richmond C/O and to the Attention of Cristian L aeirano, Peirano and Associates, Inc , 1666 North Main Street, Suite 350, Santa Ana, CA 92701. 1 PROPERTY OWNER Phan Property Management, 1209 E 7`h Street, Long Beach, CA 90813 1 REQUEST To obtain zoning approval to establish a medical marijuana dispensary PROJECT LOCATION 17416 Beach Blvd 92647 (east side of Beach Blvd approximately 350 feet north of Slater Avenue) Dear Applicant I I 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 ,he 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 it attendance I If you should have any questions or concerns regarding the processing of your application, please feel free to contact me at (714) 536-5596 or iiames(cD-surfcity-hb orq Sincerely, i Pane Jam Planning Manager copy Property Owner, Phan Property Management, 1209 E ''" Street, Lona Beach, CA 90813 Cristian Peirano, Peirano and Associates, 1666 North Main Street, Ste '350, Santa Ana, CA 92701 Citv ®f Huntington Beach 2000 MAIN STREET CALIFORNIA 92648 DEPARTMENT OF PLANNING AND 136ILDING www huntingionbeachca 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. 2015-145— APPEAL OF DIRECTOR'S DECISION (17416 BEACH BLVD.) APPLICANT Daniel G Richmond C/O and to the Attention of Cristian L Peirano, Peirano and Associates, Inc , 1666 North Main Street, Suite 350, Santa Ana CA 92701 PROPERTY OWNER Phan Property Management, 1209 E 7th Street, Long Beach, CA 90813 REQUEST To obtain zoning approval to establish a medical marijuana,dispensary PROJECT LOCATION 17416 Beach Blvd 92647 (east side of Beach Blvd a�proximateiy 350 feet north of Slater Avenue) Dear Applicant NOTICE IS HEREBY GIVEN that on September 11, 2015, the Planning and Building Department received your appeal of the Planning Commission's denial of the above request 1 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 ,he 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 it 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►iamesCc7surfcity-hb om Sincerely, 1ane Jam Planning Manager copy Property Owner, Phan Property Management, 1209 E "x.' Street, Long Beach, CA 90813 Cristian Peirano, Peirano and Associates, 1666 North Main Street, Ste 350, Santa Ana CA 92701 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 HBCG Cooperative,Inc /Daniel Richmond C/O and to the Attention of Christian L Peirano,Esq of Peirano&Associates, Inc, 1666 North Main Street, Ste 350, Santa Ana, CA 92701 REGARDING Planning Application No 2015-145—Medical Marijuana Dispensary at 17416 Beach Blvd Tentative Date for Public Hearing Copy of Appeal Letter attached LEGAL NOTICE AND A.P.MAILING LIST MUST BE RECEIVED IN THE CITY CLERK'S OFFICE 15 DAYS PRIOR TO THE PUBLIC HEARING DATE Joan L Flynn City Clerk X5227 Fee Collected $3,383.00 CASH RECEIPT CITY OF HUNTINGTON BEACH P O BOX 711 e 4 HUNTINGTiON BEACH,CALIFORNIA 92648-0711 iJ 1909 H www huntingtonbeachca gov/payments LU IL / y/ U DATE / y Issuing Dept Dept Phone# L6 FUNDS RECEIVED FROM GU7/,. 1C"I 6n, h l—(o e/-�hc z ADDRESS /GI g50C 1: 7G., ll�j f�(� /rL c�vtL� 6 pSJ GS �C1 Phone# 0 /" `- C o —T/'7n4ln LU viS-15�x 'PZL47 le AMOUNT RECEIVED O Cash Check# m Credit Card C) Prepared Received Finance >. By By Approval I IF OBJECT=50000 THRU 90000,FINANCE APPROVAL REQUIRED Approval Date z Business Unit Ob ect I Subs I Sub-Ledger Type LLI r _ L 1-� "t I i t ® -------- ----- -- -------- - r� ((1 j ———————— ————— -- ———————— — 1 j 1'�°�£i3 g -------- ----- -- -------- - i3_ �W��pp ------- --- - -- -- ----- - ---- - -- - -------- ----- -- -------- - r=�C J. _ -------- ----- -- -------- — r �,u, y -------- ----- -- -------- — -------- ----- -- -------- — a av av _v �l tvl—� TOTAL $ 31 -3 Stamped Validation Only Please do not write in the box below N12 9 0 8 5 8 CUSTOMER COPY RECEIVE 1 JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUN12WSMI I PM 1. 2 CITY LERK 3 CITY OF TO CITY OF HUNTINGTON BEACH CITY CLERK& CITY COUNCIL U T iN G C N BE 4 ' FROM APPLICANTS, HBCG Cooperative, Inc and Damel G Richmond Company 5 President/CEO C/O &to the Attention of Cristian L Peirano, Esq If Peirano & Associates, Inc 6 1666 North Main Street, Suite 350 Santa Ana, CA 92701 7 Date September 11, 2015 8 RE Appeal of City of Huntington Beach, Finance Director, Lori Ann Farrell & 9 Director of Planning&Building, Scott Hess's denial of business license application certificate of occupancy to operate medical marijuana dispensary 10 rendered on June 26, 2015 and Mailed Successfully on July 7, 2015. 11 Pursuant to the Honorable Judge, Andrew P Bank's court order dated September 3, 2015,the 12 City Council is ordered to hear Daniel G Richmond's and HBCG's appeal of the Finance Director's 13 denial HBCG's and Daniel G Richmond's business license application and the Planning & Building 14 Director's June 26, 2015 letter of denial 15 Accordingly, Daniel G Richmond for himself and on behalf of HBCG Cooperative, Inc 16 17 respectfully demands on behalf of HBCG, by way of this appeal, that the City of Huntington Beach 18 issue HBCG Cooperative, Inc (hereinafter joint referred to as "Applicant") a business license along with 19 all applicable permits in order to operate a medical marijuana dispensary at the location commonly 20 known as 17416 Beach Blvd , Huntington Beach, CA 92647 for the following reasons• 21 Appellate demands pertaining to Finance Director, Lori Ann Farrell's decision: 22 ISSUE NO. 1: The City of Huntington Beach's denial of business license application based o 23 HBZSO section 204 18 is not valid as the underlying Ordinance No 4059 used to pass 2014 18 is void 24 25 as a matter of law pursuant to California Government Code section 65858(e) as it duplicated the City' i 26 Ordinance No 3700 j 27 ISSUE NO. 2: HBCG, prior to operating, attempted to apply for business license, but was 28 wrongfully denied its due process rights to submit its business license application because of the City' -1- i, JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 � t I I mistaken belief that its municipal code sections prohibited medical marijuana dispensaries from I 2 operating in the zone where HBCG operated out of 3 ISSUE NO. 3: The City's notice of denial with instructions for appeal of Finance Directors' 4 1 decision was defective in that HBMC section 5 08 310 clearly states that an applicant aggrieved by an 5 decision of the Finance Director 5 04 through 5 16 may file an appeal with the City Clerk within 15 day 6 7 of the date of mailing and that such appeals be filed with the City Clerk and not the Director of Building 8 and Planning as incorrectly being tasked with the appeal The notice of decision, however, states that the 9 appeal will be filed with the Director of Planning and Building and that Applicant has only 10 days i 10 which to do so and according to the telephonic confirmation no submission is allowed by mail when al 11 others are allowed to do so I 12 Appellate demands pertaining to Planning & Building Director,1 Scott Hess' decision: 13 14 ISSUE NO. 1: That City Council find and determine that its Planning and Building Director' 15 decision to deny HBCG's certificate of occupancy be declared null and void�, as a result of the Director' 16 solicitation of application and the processing of the application without payment of fees first for the 17 application 18 ISSUE NO. 2: That the City Council find and determine that the Bearing conducted by the Cit 19 Planning Commission be declared null and void and without effect as a result of it hearing an appeal tha 20 was intended and paid for the purpose of being heard before the City Council and not the Planning 21 Commission 22 ! 23 ISSUE NO. 3: That the City Council find and determine that the;fees paid by appellee for the 24 appeal to the City Council be refunded to the HBCG and declared to Nave been misappropriated b i 25 Planning and Building Director Scott Hess and the City Council order an investigation as to who ordered 26 the City Clerk's office not to accept the appellees' appeal and fees which she is mandated to accept 27 In addition, and for the purposes of deciding the appeal of the Finance Director's decision, w 28 demand that you do so and take into consideration Pe Court's statements that the retail sale of medical JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 i 2 T I marijuana does in fact constitute commerce Secondly, we demand, that the council in reaching it 2 decision do so considering the laws in place at the time when appellant!attempted to seek a business 3 license in the first place and not under the changes that the City has attempted to in place, after May 4, 4 2015 5 That's just — under these facts, doesn't fly. Because I got news for the city. 6 Medical marijuana is merchandise. Under the clear, commonly understood 7 definition of what merchandise is, it's some product that is for sale, some thing or product, but a person who is in the business of selling it. [See Exhibit 1 Court g Transcript Statements by the Honorable Judge Andrew P Banks] ARGUMENT 9 I. The City of Huntington Beach's denial of business license application based on 10 HBZSO section 204.18 is not valid as the underlying Ordinance No. 4059 used to 11 pass 2014.18 is void as a matter of law pursuant to California Government Code section 65858(e) as it duplicated the City's Ordinance No. 3700 12 According to the City's June 26, 2015, delivered on July 7, 2015,!decision to deny Applicant' 13 business license application its application for business license was denied because 14 15 Earlier this year, the City passed an ordinance that expressly prohibits the establishment of Medical Marijuana Dispensaries or related businesses in Huntington 16 Beach, although this ordinance did not change the City's longstanding (HBZSO Section 204.18) Prior to this Ordinance (land use laws) in Huntington�Beach prohibited the 17 establishment of any Medical Marijuana Dispensaries or related business in Huntington 18 Beach because such a businesses were not listed as a "permitted use" under the City zoning laws (HBZSO Sections 204 02, 2014 10, 21104, and 215 04) i 19 See Exhibit"2" City of Huntington Beach June 26, 2015, denial of business license application 20 A. THE CITY'S URGENCY ORDINANCE NO. 4059, IS VOID ON ITS FACE. I 21 IMPERMISSIBLY DUPLICATED ORDINANCE NO. 3700 IN VIOLATION O CALIFORNIA GOVERNMENT CODE SECTION 65858, ET.;SEQ. 22 The City's June 26, 2015, denial of business license application by'HBCG makes it clear that the 23 City thinks that it passed Ordinance 4059 on May 4, 2015. Passage of an urgency ordinance, such as this 24 one, is subject to particular procedures that must be followed by the City;adopting a zoning ordinance 25 1 However 26 Without following the procedures otherwise required prior to the adoption of a 27 zoning ordinance, the legislative body of a county, city, including a charter city, or city and county, to protect the public safety, health, and welfare, may adopt as an urgency 28 measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, vlanning commission or the planning de artinent is considering or:studyin2 or intends to JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 1 I study within a reasonable time 2 California Government Code section 65858(a) [Exhibit 3] 3 While enacting Ordinance 4059, the City invoked this provision "Pursuant to Government Cod 4 Section 65858, and based on the findings set forth above, the City Council hereby declares that this 5 interim ordinance is necessary as an urgency measure for the immediate preservation of the public 6 health, safety, or welfare " 7 B. The City cannot meet the provisions of Cal. Gov. Code §65858 as it failed to ameliorate the effects of its prior urgency ordinance for moratorium against medical marijuana 8 dispensaries. 9 The ability to simply bypass procedures based upon the willingness of a city council to make 10 ,findings that there is a current and immediate threat to the public health, safety, or welfare, and that the 11 approval of additional subdivisions, use permits, variances, building permits, or any other applicable 12 entitlement for use which is required in order to comply with a zoning ordinance would result in that 13 threat to public health, safety, or welfare" (Gov. Code § 65858(c)) would seem ripe for abuse, and the 14 City does just that. Fortunately, subdivision (e) steps in to prevent the City's abuse: 15 When an interim ordinance has been adopted, every subsequent ordinance 16 adopted pursuant to this section, covering the whole or a part of the same property, shall automatically terminate and be of no further force 'or effect upon the 17 termination of the first interim ordinance or any extension of the ordinance as provided in this section. 18 California Government Code section 65858(e) (Emphasis added) [Exhibit 3] 19 Subdivision (e) prevents the City from re-enacting its previous moratorium against "medical 20 marijuana dispensaries " No two interim ordinances can address the same subject on the same land for 21 the same reason and purpose 22 C. A moratorium on Medical Marijuana Dispensaries was already implemented. 23 The City admits there was a previous moratorium in the new interim ordinance "The City o 24 Huntington Beach also previously imposed a Moratorium on medical marijuana dispensaries " In fact, 25 the City adopted it on February 22, 2005 26 A motion was made by Bohr, second Hansen to adopt Interim Ordinance No. 27 3700 —"An Interim Ordinance of the City of Huntington Beach Imposing a Moratorium on Medical Marihuana Dispensaries" with specific findings regarding the detriment to 28 the public's health, safety and welfare amended to bypass the Planning Commission and bring an ordinance directly to Council and to change from a ;45-day to a 30-day moratorium. The motiond by the follo*inia rollvote, JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 I AYES Hansen, Coerper, Sullivan, Hardy, Green, Bohr NOES Cook 2 ABSENT None 3 City Council Minutes, February 22, 2005 4 Interim Ordinance 3700 likewise invoked Government Code section 65858, stating, "Pursuant to 5 California Government Code Section 65858(a) this interim ordinance shall become effective 6 immediately" (Ordinance 3700, § 4 ) Including the amendment to cut the effective period down to 3 7 days, the moratorium expired on March 25, 2005 and can not be re-enacted ten years later pursuant 8 to Government Code section 65858, subdivision (c) As a result, the current state of the law in the City 9 of Huntington Beach falls back on what the law was prior to the City's failed attempt to pass a ban o 10 medical marijuana dispensaries 11 II. Daniel G. Richmond prior to operating attempted to apply for business license, but was wrongfully denied its due process rights to submit its business license 12 application because of the City's mistaken belief that its municipal code sections 13 prohibited medical marijuana dispensaries from operating in the zone where the dispensary was located. 14 15 The Huntington Beach Municipal Code provides that it will not regulate through the issuance o 16 its business licenses 17 "The business licenses issued pursuant to the provisions of this title constitute a receipt for the license fee paid and shall have no other legal effect A business license is a 18 requirement, not a permit to conduct, manage or carry on any business activity within this 19 City (83 8-6/61)" 20 HBMC section 5 04.090 License not a permit [Exhibit 4] 21 The ordinance codified herein is enacted solely to raise revenue for municipal purposes, 22 and is not intended for regulation (766-7/60) 23 HBMC section 5 04 020 Purpose [Exhibit 5] 24 According to the City's own pamphlets available on line as of the date of this appeal states the 25 following 26 A City of Huntington Beach business license is not a regulatory license but is a 27 tax to help pay for the public safety needs of the people of Huntington Beach 28 About Business Licenses, City of Huntington Beaches website <http•//www huntmgtonbeachca gov/ JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 I files/users/finance/How to_do bus_flyer pdf[Exhibit 6] 2 Applicant's dispensary falls under the category of General Commercial under the City's land use 3 laws A property classified as general commercial can undertake retails sales of goods, such as medical 4 marijuana 5 21104 CO, CG, and CV Districts—Land Use Controls 6 In the following schedules, letter designations are used as follows. "P" designates use classifications permitted in commercial districts. 7 "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" that follow 8 [***] 9 Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the ,schedule or located 10 elsewhere in the Zoning Ordinance Where letters in parentheses, are opposite a use classification heading, referenced provisions shall apply to all use classifications under 11 the heading 12 CO, CG, and CV Districts- Land Use Controls P =Permitted 13 [***] Co CG [Commercial CV Additional 14 General] Provisions 15 Commercial 16 Uses Retail Sales - P P (U)(V) 17 18 CO, CG, and CV Districts Additional Provisions 19 Huntington Beach Zoning Subdivisions & Ordinance section 21104 [Exhibit'7] 20 This is exactly what Applicant intends to do, which is perform retail sales'of medical marijuana This 21 is allowed in this zone for this property and for this purpose without the need for any additional permit 22 as indicated under 21104 as cited hereinabove 23 The next question is what retails sales are allowed and what merchandise can be sold in the sector 24 where the Property is located? These two questions are easily disposed of in the City's municipal cod 25 section that follows regarding the permitted use by Applicant under HBMC 204 10Y a. The retail sale of medical marijuana is provided for under the City of Huntington Beac 26 , 27 municipal code section under: 204.10Y states 28 Y Retail Sales The retail sale of merchandise not specifically listed under another use classification This classification includes department stores, drugstores,tores, clothing stores, and furniture stores, and businesses retailin&fhe followin fg goods toys, hobby materials, JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 I handcrafted items, jewelry, cameras, photographic supplies, medical supplies and equipment, electronic equipment, records, sporting goods, surfing boards and equipment, 2 kitchen utensils, hardware, appliances, antiques, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive 3 parts and accessories (excluding service and installation) 4 Hunting Beach Zoning& Subdivision and Ordinances section 204 10Y [Exhibit 8] 5 Clearly, the retail sale of medical marijuana is allowed under the local land use laws of the City 6 "Permissive," in circumstances such as this, means that if something is not specifically provided for o I 7 allowed then it is not permitted and/or is prohibited 8 In this case, however, there are two reasons why this does not apply as a matter of fact and law. The 9 first is the code section above, is a catchall provision providing for the right to sell merchandise "Retail 10 Sales The retail sale of merchandise not specifically listed under another use classification" Huntington i 11 Beach Zoning& Subdivision Ordinances Section 204 10Y 12 This language lifts it out of the permissive analysis to a prohibitive statutory analysis Under a 13 prohibitive statutory analysis that which is not prohibited is permitted unlike the analysis applicable 14 under the permissive scheme Nothing which is done or maintained under express authority of a statute I 15 can be deemed a nuisance California Civil Code section 3482 [Exhibit 91 16 As a compliment to that section and in order to further understand the application of the language i 17 establishing that the City's laws do embrace medical marijuana dispensaries 18 21102 Commercial Districts Established The purpose of the commercial districts is to implement the General Plan and Local 19 Coastal Program commercial land use designations Three commercial zoning districts are established by this chapter as follows 20 21 B The CG General Commercial District provides opportunities for the full range of retail and service businesses deemed suitable for location in Huntington Beach 22 Huntington Beach Zoning & Subdivision Ordinance section 21102 [Exhibit 10] 23 This section clearly establishes that if dispensary is seeking to sell medical marijuana that it fall 24 within the stated purposes of the City in keeping with its objectives for its land use laws This is mad 25 clear through its use of the terms "full range of retail businesses" meaning the complete spectrum o 26 retail businesses without any further qualification whatsoever 27 This section does not say "a moderate range of retail businesses"; "some retails business", o 28 "everything except medical marijuana " The City could have, but it did 'not Clearly, persons, such a -7- JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 f Y I Applicant seeking a business license to sell medical marijuana have the legal authority to do so in the 2 City of Huntington Beach 3 The second reason why the principal of permissive code interpretation is inapplicable in this case 4 comes by way of Art. I , Sec 's 1 & 26 of the California State Constitution It mandates that the right 5 involved with medical marijuana deal with certain inalienable rights 6 "All people are by nature free and independent and have inalienable rights Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting 7 property, and pursuing and obtaining safety, happiness, and privacy." 8 California Constitution, Article 1, Section 1. [Exhibit 11] 9 Medical marijuana is property and the ability to seek treatment through the use of medical marijuana 10 involves the right to enjoy life in not suffering from ailments that can be cured or resolved and/or Bette 11 tolerated through the use of medical marijuana It also involves the right to,be safe from chronic pain o 12 medical conditions, which also affects one's rights to pursue happiness, all of which can be achieve 13 through the use of medical marijuana 14 The right to medical marijuana however, is not an absolute or an unfettered right The right t 15 medical marijuana is subject to proscription under the language provided for under California 16 Constitution Art I. Sec 3(b)(4) that guarantees and mandates that if such a right is to be limited o 17 denied that such limitation or prohibition must be achieved through due process of law and under equal 18 protection of law In order to meet this mandate, those like the City seeking to limit or take away an 19 person's rights to medical marijuana, must do so through express words 20 "The provisions of this Constitution are mandatory and prohibitory, unless by express 21 words they are declared to be otherwise " 22 23 California Constitution, Article 1, Section 26 [Exhibit 12] 24 But the reality is that this property falls squarely within the classification general commercial and I 25 offered the opportunity of conducting general retail sales The City's general commercial zones use 26 classification states full 27 retail sale of merchandise not specifically listed under another use classification 28 This classification includes drugstores, and businesses retailing the following goods handcrafted items, medical supplies, " HBZSO section 204.1 OY -8- JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 r 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 1 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 [***] 8 B The CG general commercial district provides opportunities for the full range of retail and service this is being suitable for location in Huntington Beach 9 HBZOS 21102, ("***" indicating deletion of chapters or paragraphs not being used in the citation b 10 11 applicant) 12 Clearly, the intended universe of retail sales encompasses the full range of retail business Full 13 range can be defined according to common parlance as the entire spectrum Thus, plainly and clearly, 14 intending to encompass anything and everything that can fall into this use classification 15 b. Beach and Edinger Corridors Specific Plan (BECSP) also Establishes HBCG's right t 16 operate a medical marijuana dispensary. 17 18 More importantly, even if we consider the application of the Neighborhood Boulevard Segment 19 2 17 of the Beach and Edinger Corridors Specific Plan, HBCG has a right to operate a dispensary under 20 that plans 2.2 Building Use Regulations under use types 2 2 1(g) "Convenience Uses." The designatio 21 of a black dot"0" assigned in the category of use means "Included Use these uses are allowed by right, 22 subject to cite plan review" See Page 28 of book of development code [Exhibit 13] 23 Appellate demands pertaining to Planning & Building Director, Scott Hess' decision: 24 At the time appellee went down to the City to submit the business license application, the 25 26 counter personnel at the Finance Department asked for the certificate of occupancy form, which appellee 27 obliged There was no expectation that the certificate of occupancy would be acted upon at the time 28 given that the Court's order allowing medical marijuana dispensaries to submit business license -9- JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 I applications was based in large part on Defendant's California Code of Civil Procedure section 526a 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 I 4 Therefore, at the time when the certificate of occupancy form was i asked for by the City, then 5 6 was no expectation that it would be acted upon until after the Finance Department approved the license 7 or the Court ordered the City to issue a license and until fees were paid given the fact that the Court had 8 declared that not accepting the application and not accepting the fees would be waste 9 Nevertheless, much to the surprise of all of the medical marijuana dispensaries that applied for a 10 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 jomt denial 12 was from the City Finance Director, Lori Ann Farrell, but also a Planning & Building Director, Scott 13 14 Hess for the certificate of occupancy application that the Finance Department received without payment 15 of any fees 16 The letter summarily determined that appellee could only appeal the decision to the City's 17 Planning Commission and only appeal the Planning and Building Director's decision and not the 18 Finance Director's decision This was strange as no fees were paid for the processing of a certificate of 19 occupancy so no decision should have been rendered 20 All persons submitting applications for any permits, certificates, development 21 agreements, map approvals, or zoning map or text amendments, or any other approvals as 22 required by this ordinance code, or filing appeals, shall pay all fees and/or deposits as provided by the City Council's resolution or resolutions establishing applicable fees and 23 charges Huntington Beach Zoning & Subdivisions Ordinances section 240 06 Fees & Deposits [Exhibit 14] 24 The mandate that the certificate of occupancy be paid for is absolute, no discretion, because 25 26 "shall" is the utmost and strongest form of command No fees were paid and therefore no processing o 27 the application should have ever been made and therefore no need to appeaFa decision that never should 28 have been made -10- JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 T 1 III. CONCLUSION 2 Now, before attempting to make a decision on this demand for an appeal joint letter of denial as 3 ordered by Honorable Judge Andrew P Banks, we believe you should ask yourself the following 4 questions 5 1 Why did it have to take a court order for a preliminary injunction,to get the City to accept 6 7 business license applications for medical marijuana dispensaries? [Voice Recording] [Exhibit 15] g 2. What law, policy, regulation or custom and practice did the City have in place that allowed 9 City employees to know that they could refuse to provide a business license application tog 10 3. What law, policy, regulation or custom and practice did the city have in place that allowed I 11 City employees to determine on their own what class of persons that they could summarily reject at the 12 counter and refuse to accept business license applications and fees from? 13 14 4 What law, policy, regulation or custom and practice did the city have in place that allowed 15 City employees to direct all medical marijuana dispensaries to go the City attorney's office if they 16 should want to apply for a business license9 17 5. What law, policy, regulation or custom and practice did the City have in place that allowed 18 City to issue a written statement to every applicant seeking a business license application for medical 19 marijuana dispensary "that it is futile" to attempt to procure a business license in the City of Huntington 20 Beach9 [Exhibit 16] 21 22 6 Under whose direction did the City's Planning and Building Director, Scott Hess, decide that 23 he would provide declarations under oath in support of the City's lawsuits against medical 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 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 1 8 Why has the City Attorney represented that the First Step in getting a business license is to go 2 to the Planning and Building department when the City's own diagram with instructions on its web page 3 clearly showed that the "first step" was to go to the Finance Department on the First Floor9 [Process] 4 [Exhibit 19] 5 � 9 Who decided overnight, on May 2, 2015, to change the diagram establishing that the first step 6 ' 7 in getting a business license was to go to the Finance Department to the "first step" in getting a business 8 license was to go to the Planning &Building Department9 [Exhibit 20] 9 10 Under whose d y 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 dispensary9 [Exhibit 21] 14 1 15 11. Under what authority was the Planning & Building Director, Scotty Hess, acting under when i 16 he decided to process without payment a certificate of occupancy9 17 12 Under what authority was the Planning& Building Director, Scott Hess, acting under when 18 he decided that he would take HBCG's July 17, 2015, Demand for Appeal of Denial of Business License 19 by Director of Finance and commandeer it to be heard by the City Planning commission and not the City 20 Council as it should have in the first place9 The Court, on September 3, 2015, in this case had to order 21 22 the City Council to hear this appeal because Mr Hess and the City Attorney refused to allow the appeal 23 and make its way to you as it should have 24 13 Under what authority was the Planning & Building Director, Scott Hess, acting under when 25 he decided that he would take HBCG's $449.00 payment for the appeal of the Finance Director's 26 decision and use it for an appeal of his decision which HBCG was not appealing9 Payment was made 27 under"protest" further reinforcing the fact that Mr Hess misappropriated City money [Exhibit 221 28 14 What law, policy, regulation or custom��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 the City Clerk to refuse to accept HBCG's appeal (as well as all other medical marijuana dispensary 2 clients' appeals) when she is mandated to accept its appeal under HBMC § 5 08 310 3 15 What law, policy, regulation or custom and practice did the City have in place that allowed 4 its City Clerk to refuse to accept HBCG's fees for an appeal (as well as all other medical marijuana 5 6 dispensary clients' appeals) that she is mandated to accept payment for under HBMC § 5 08 310 7 16 Up until the filing of the instant action why did the City have a Custom& Practice of falsely 8 accusing each and every single medical marijuana dispensary defendant of selling medical marijuana to 9 persons not having a medical marijuana prescription and/or recommendation when it knew for a fact that i 10 no such event had occurred? We provide you with the letter retracting the false allegation from not only 11 the complaint in the case involving HBCG but also Med Aid [Exhibit 23] 12 17 Why is the City now claiming in its complaint that HBCG made illegal alterations to the 13 14 premises when the City's own code enforcement officer, Al Brady, assigned to this case testified that he 15 had found no such violations even when he accompanied the Fire Department on February 24, 2014? 16 [Exhibit 24] 17 18 Why did the City on August 20, 2015 publish on the World Wide Web all of the medical 18 marijuana dispensary applications for business license without crossing off the personal information 19 containing social security numbers, birth dates, and tax identification numbers? Why did none of the 20 other attachments on the City's Planning Commission's agenda carry the same mistake for non- 21 22 dispensary applicants? 23 19. Why did the City fail in its fiduciary duty to disclose to the dispensary appellees that their 24 information had been leaked? 25 20 Why did the City's Finance Director who was mandated by the Honorable Judge Andrew P 26 Banks May 29, 2015, preliminary injunction to review and make a determination on appellee's business 27 license application not make the decision herself, as revealed at the Planning Commission August 25 28 2015 hearing by Mr Hess' own staff members -13- JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 k 1 21 Why did the Directors of Finance and Planning and Building provide a joint rejection? 2 All these questions, when considering the gravity of the circumstances, paint a picture of the City 3 at its worst, actions speak louder than words Therefore, you have a choice to make One, respect the 4 ' rights of all people under your stewardship or frustrate the rights of those you don't agree with—simply 5 6 because you can 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -14- JOINT NOTICE OF APPEAL OF ALL ISSUES RAISED IN THE CITY'S JOINTLY SIGNED LETTER DATED JUNE 26,2015 i i� 1 t � EXHIBIT NO. 1 i - 1 1 SUPERIOR COURT OF THE STATE OF- CALIFORNIA 2 FOR THE COUNTY OF ORANGE - CENTRAL- JUSTICE CENTER 3 DEPARTMENT Cll 4 5 CITY OF HUNTINGTON BEACH, ) 6 PLAINTIFF, ) 7 VS. ) NO. 30-2014-00745511 8 DANIEL GARFIELD RICHMOND, ) 9 DEFENDANT. ) 10 - 11 12 HONORABLE JUDGE ANDREW P. BANKS 13 REPORTER' S TRANSCRIPT OF PROCEEDINGS 14 FRIDAY, MARCH 27, 2015 15 16 APPEARANCES OF COUNSEL : 17 FOR THE PLAINTIFF: 18 CITY OF HUNTINGTON BEACH - CITY ATTORNEY' S OFFICE 19 BY: DANIEL K. OHL, DEPUTY ATTORNEY - MICHAEL 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=- l 26 OFFICIAL REPORTER PRO TEMPORE 9 1 GUESS -IT WAS THE FINANCE COUNTER.-- -I FORGET-_HER- NAME, 2 BUT I- RECALL THAT IT WAS A WOMAN -- AND, "THAT IT'-S _ 3 ALWAYS BEEN THAT WAY, WE DON 'T ISSUE THEM. " _ 4 WHAT KIND OF HOOEY IS THAT? THE_CITY CAN 'T 5 TAKE THE POSITION IT DID, IN MY VIEW, UNDER THESE FACTS. 6 THEY HAVE TO GIVE THE PERSON A LICENSE. ACCORDING TO 7 THE CITY, THAT PERSON THEN TROTS WITH THAT PIECE OF 8 PAPER OVER TO ZONING; AND THEN ZONING DECIDES WHETHER - 9 IT' S A PROPER USE. 10 AND SORT OF NOBODY USED THIS TERM, BUT IT' S THE 11 CONCLUSION I CAME TO BECAUSE OF THIS KIND OF STRANGE 12 PROCESS THE CITY HAS , THE ZONING PEOPLE CAN RATIFY AND 13- MAKE VALID THE LICENSE BECAUSE IT GOES TO- FINANCE FIRST _ 14 BECAUSE IT' S A REVENUE-GENERATING PROCESS. NOW, I DON 'T 15 KNOW HOW YOU GET BY SAYING, "NO, YOU CAN'T EVEN HAVE THE 16 DOCUMENT BECAUSE WE NEVER APPROVE THEM. "- 17 THAT'S JUST -- UNDER THESE FACTS,- DOESN'T FLY. 18 BECAUSE I GOT NEWS FOR THE CITY. MEDICAL MARIJUANA -IS - 19 MERCHANDISE. UNDER THE CLEAR, COMMONLY UNDERSTOOD 20 DEFINITION OF WHAT MERCHANDISE IS, IT' S SOME PRODUCT 21 THAT IS FOR SALE, SOME THING OR PRODUCT-,-- BUT A -PERSON- - ---- -- _ - 22 WHO IS IN THE BUSINESS OF SELLING IT. ' 23 - -LIQUOR IS MERCHANDISE, AUTO--PARTS-ARE - 24 MERCHANDISE, GROCERIES ARE MERCHANDISE, BONGS -ARE - 25 MERCHANDISE. SO IS MEDICAL MARIJUANA. NOW,- IS IT =- 26 COME WITHIN RETAIL SALES? I THINK YOU 'VE GOT- A STRONG- i 10 - 1 ARGUMENT.- I 'M NOT RULING BECAUSE THAT -- I- DON 'T GET 2 THAT FAR, BUT IT' S ONLY BECAUSE THE -PLAINTIFF, USED 3 SELF-HELP. 4 - THE APPROACH FOR THE PLAINTIFF SHOULD HAVE BEEN 5 BEFORE YOU OPENED, GO DO THAT WHICH WAS DONE. WHEN - 6 YOU ' RE REFUSED EVEN AT THE FINANCE COUNTER, Y,OU COME A - - J 7 INTO COURT FOR A WRIT AND WE ORDER THE CITY TO DO - t 8 -SOMETHING. 9 AND THEN IF YOU THEN SUBMIT IT, AND ZONING SAYS ,I _- 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. i i 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 DEFINITIONi -- I THINK - -8 --IT GOES-, FRANKLY. I THINK YOU ARE CORRECT- ON; THOSE- - -- ----- - - - -- __ � _ -- - -,-- 19 ISSUES . - - 20 BUT I ' M BEING ASKED TO ISSUE AN -INJUNCTION -- A PRELIMINARY INJ UNCTION , WHICH IS AN EQUITABLE REMEDY;- ---- -_ 22 AND I SEE UNCLEAN HANDS ARGUMENTS ON BOTH SIDES . -THAT' S 23- A PRETTY HEAVY-HANDED APPROACH BY THE CITY, IN MY VIEW. -24 I WAS SURPRISED TO SEE--THAT IT WAS THAT-WAY-.= - 25 THE PEOPLE OF THE STATE OF CALIFORNIA PASSED- - - -, 26 THE MEDICAL MARIJUANA M.M. P.A. THE PEOPLE OF 'THE COUNTY i a_ - i — — r - a i 1 , EXHIBIT NO. 2 - - - -- I 1 i I I } I i - - 1 I ' I i t - I 4 l I I I 1 1 i I I t I Y _ I I r I I I EXHIBIT NO. 3 �I U C I 65858 (a) Without following the procedures otherwise required prior to the adoption of a zoning ordinance,the legislative body of a county,city, including a charter city, or city and county,to protect the public safety,health, and welfare,may adopt as an urgency measure an interim ordinance prohibiting any uses that may be - in conflict with a contemplated general plan, specific plan,or zoning proposal that the legislative body,planning commission or the planning department is considering or studying or intends to study within a reasonable time That urgency measure shall require a four-fifths vote of the legislative body for adoption The interim _ 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 L 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 t (2)The interim ordinance is necessary to mitigate or avoid the specific,adverse impact identified pursuant to paragraph(1) - t �t (3)There is no feasible alternative to satisfactorily mitigate or - avoid the specific,adverse impact identified pursuant to paragraph - (1) as well or better,with a less burdensome or restrictive effect, - than the adoption of the proposed interim ordinance (d)Ten days prior to the expiration of that interim ordinance or - - -any extension,the legislative body shall issue a written report describing the measures taken to alleviate the condition which led to -- - the adoption of the ordinance. __ - - _(e)When an interim ordinance has been adopted,every subsequent - - ordinance adopted pursuant to this section,covering the whole or a - - part of the same property, shall automatically terminate and-be-of no - further force or effect upon the termination of the first interim - - - ordinance or any extension of the ordinance as provided in this _- section (f) Notwithstanding subdivision (e), upon termination of a prior interim ordinance,the legislative body may adopt another interim - --- _-- ordinance pursuant to this section provided that the new interim - ordinance is adopted to protect the public safety,health,and i welfare from an event,occurrence,or set of circumstances different --_ _— - --from the event,occurrence, or set of circumstances that led - 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 1n 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. - - - - t _ h I I EXHIBIT" NO. 4 I �I 5 04 090 License Not a Permit - 9/11/15, 11 31 AM €aach h':I `ter a Code", _ b p Previous Next Main Search p nr IkNo Ei a es MUNICIPAL CODE Title 5 BUSINESS LICENSES AND REGULATIONS Chapter 5 04 GENERAL PROVISIONS 5.04.090 License Not a Permit The business licenses issued pursuant to the provisions of this title constitute a receipt for the license fee paid and shall have no other legal effect A business license is a requirement,not a permit to conduct, manage or carry on any business activity within this City (838-6/61) View the mobile version http//www gcode us/codes/huntmgtonbeach/view php?topic=municipal code-5-5_04-5_04-090&frames=on Page i of 1 - u a A t I _ _ I i i 1 I I I � f i EXHIBIT NO. 5 _ T 5 04 020 Purpose 9/11/15, 11 31 AM XI: Main si-arch pnunt NO MUNICIPAL CODE Title 5 BUSINESS LICENSES AND REGULATIONS Chapter 5 04 GENERAL PROVISIONS S.04.020 Purpose The ordinance codified herein is enacted solely to raise revenue for municipal purposes, and is not intended for regulation (766-7/60) View the mobile version i r II_ _ a , I 1 1 - - http//www qcode us/codes/huntingtonbeach/view php?topic=municipal_code-5-5_04-5_04_020&frames=on Page 1 of 1 _ t h , F i 1 EXHIBIT NO. 6 s BOUT BUSINESS LICENSES... • ll) f i f f f _ f i r • - • elcome to the City of Huntington Beach business mmunity This information guide is intended-as a _ mmary of information you will need to know in You can obtain an application from City Hall, or ter to operate a business in Huntington Beach download one from our website at /I' Certificate of Occupancy — required by t p g www huntingtonheachca qov Look under the 'Planning and Building,Dept for businesses it pis guide is provided as a public service I# is not or industrial location Gall (71 commercial-inclusive and any specific questions should be Finance Dept for Business License Complete the comm comm 71 pick up an application from G ected to the Business License Division at (714) application and bring it to City Hall on the 1 floor, 6-5267 Clarification and definition can also be 2000 Main Street or mad it to Business License, Hall Jnd in the Huntington Beach Municipal Code, P O Box 190, Huntington Beach, CA 92648 if you !- Fictitious Name (dba) — must be filed if y 1e 5 City of Huntington Beach 'business are in a commercial location in the city, you may choose a business name that does not inclu _ ;nse not a re u a a license i -need-to--fill-out- an-application.-for,a,Certificate of_ _ ____.__ your own__last_.name Contact _the _Dour_�.._. pa r e public sae needs of the people Occupancy for the Planning and Building Clerk's office at (714) 834-2889, go online unting on eac Department, who can be reached at (714) 536- http//wwwoccagov/recorder or contact yc -�, 5271 local newspaper office a _ _ . . • PIi •- • /J' 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 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 license tax employees, more than 1 business vehicle or coin and bingo Cali (714) 536-5267 or the Pali 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 provai by the City Planning and Building State Board of Equalization if you s Additional Employees 4- 12 $4 00 each merchandise- Call (949) 440-3473 or vi apartment All businesses, trades, professions, 13 52 $3 00 each www bae ca gov ' Ilings, or occupations operating in the City need 5 Business License These include but are not 2 $2 00 each /3. 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 er i 3 Contact O C Environmental Health location Over 3 tons $46 00 each { } Persons who have a home office or use their Home-based businesses are required to pay a one- A' Federal Tax ID # — required if you ha home as the headquarters of their business 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 ov 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, A- 'Workers Compensation insurance services, fumigators, telemarketers etc vending machines, out of town contractors, pool required if you have employees Contact yc ha(Is) Call(714} 536w5267 for these licenses local insurance agent, state fund or vi Independent contractors such as doctors, www drr ca povfworkers° comp html real estate brokers, hairdressers, Janitorial A- 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 City Hall while serve alcohol Contact (714) 558-4101 or vi Mobile Vendors who sell merchandise from yov u wait Your app aFi a complete and wvfw abc ca goy _ 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, intemet cafes, or alcohol sales C seasonal business application may also be mailed to City Hall Be sure (714) 536-5271 +n nnm..ie+c rill raiar�n+o+ow,e nn +h.,nnnlons+inn . o / . _ • • • - • How Obtain a hat If I Don't Obtain a License? 'How To Do Business in the City of Huntington inducting business in the city without a license , _ _ Beach a- guide jo �coaomic Development -. usiness_ License n result in pcIlhalties,-Notices of Violations,and ' huntingtonbeachca ovldepartments/ED Iministrative Citations ' It is a misdemeanor 'to 9 �_. date the City Business License ordinances-! '0l Huntington Beach Small Business Assistance Center ,located at the Huntington Beach I Need to Display My Business License? Chamber of 'Commerce 2134 Main Street ,Is, all business licenses must be posted in public 4100, Huntington Beach (714) 536-8888 � � Beach m at the'fixed location of the business For U S Small Business Admmistration - provides �I zse I b6siriesses without a fixed location, the financial assistance ;programs, guide to -- aponsible_partyy must_carry the.business license _ _. resources'and;workshops; (714) 554=7420'or T ____-� - th,them while,conducting business,ih Huntington �' - ach ' ;wwwow b .•. ' ljSCc] R'E rp �. )w Often,Do I'Need to Renew It? Service `Co s of Retired isiness licenses are renewed annuallyA Executives Workshops' and counselors for 5r nall businesses Cali (714) 550-7369 or for t urtesy notice is mailed 3,weeks before the due www score114 org w `' to However, you are responsible for renewing ' ur license whether or not the renewal notice is 1IMi California Permit Assistance Center - :eived If the payment is received more than 30 information on local, state & federal permits r ys past the due date, a 10%per month penalty is www cal old ca gov arged Notices of Violation and Administrative i6I Small Business Corner - helpful information Cations may also be issued about taxes from the IRS www irs gov 'm Moving to a New Location in the City. 'mil•Small Business Development Center - �it}1 of H U nI ngto'n Beach ease notify us, of your new address,' phone 'provides; help to small businesses through mber,�and any other changes to your business 1-on-1 counseling; ;workshops and education' ,' i, BuSine55 LICeC1Se ter compliance with any applicable city jseminars I 'Call'1i(714) 564-526WI'or, vi it juirements, your business Ucense ma`y , be j iwww ocstsdc°cormGII; :;' insferred to the new location for a'small fee If it { � ', t' �OdO Main Street u are moving to a new commercial location, you . • o s ee - s - 1$t Floor I need to apply for a new Certificate of : cupanCy Better Business Bureau (714)985-8915 ;If Huntington Beach 7 Building Permits {714 536-5241 CA 92648 hat if I Stop Doing Business or Move Away? g ) t' us know in writing if you want your license Chamber of Commerce (714) 536-8888 nines ceases d s refunds are given wheal the `sines Community Services Dept (714) 536-5486 Phone: (714) 536-5267 es � �' ' Consumer Affairs Dept (800) 952-5210 ' ` Fax: (714) 5 3 6-5 9 34 in I Transfer My License to Someone Else? Contractors State License Board (800)321-2752 isiness licenses are not transferable from one vner to,another ' The new owner must apply for Employment (Development Dept (888) 745-3886 H[IUrS: 8 00 am - 5 [3D pm siness license iri their name i j ' Franchise Ts]c Board:,11 1 '(8, 85.1, 1' Monday to Friday here Do I Find You? i 'll y C7ffice of Secretary'of State (9I6}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 15t State Compensation Ins Fund (714) 565-5000 brasines5 license@surfcity-hb,org .or Enter the main Administration Building and low the signs to the Business License counter --Zoning-Department (7_1.4)_536-52�1 — -- I e l — _ -EXH-I MIT N 0 0 7 - - - 211 04 CO, CG, and CV Districts—Land Use Controls I 9/11/1 5, 11 36 AM Next mzn n 'Search 1pt%nt ZONING CODE Title 21 ZONING CODE—BASE DISTRICTS Chapter 211 Q COMMERCIAL DISTRICTS 2-11.04-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 "T" 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 i "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 olumn refer to provisions following the schedule or located elsewhere in the Zoning Ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply,to all use classifications under the heading CO, CG, and CV Districts: Land Use Controls Permitted L=Limited(see Additional Provisions) PC=Conditional use permit approved by Planning Commission ZA=Conditional use permit approved by Zoning Administrator TU=Temporary use permit P/1J=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 qcode 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 - - — - 9/11/15, 11 36 AM Community and Human Services Drug Abuse Centers - PC Primary Health Care Emergency Kitchens - - L-2 Emergency Shelters - L-2 - Residential Alcohol Recovery, General - PC Residential Care, General ZA ZA - i - Convalescent Facilities ZA ZA Cultural Institutions PC PC PC _ Day Care, General L-3 L-3 - Day Care, Large-Family P P Emergency Health Care L-2 L-2 - r 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 - - V 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 - L_ _ Animal Boarding - ZA - - Animal Grooming - P Animal Hospitals - ZA - - Animals=Retail P - - Equestrian Centers (CG Zone) - PC - (S) Pet Cemetery -- - PC - Artists' Studios P P P I -Banks and Savings & Loans P P P With Drive-Up Service - - - P - - P______ - -P Building Materials and Services - P i t http//www qcode us/codes/huntmgtonbeach/view php?topic=zoning code-21-211-211_04&frames=on h Page 2 of 7 i I, _ 211 04 CO, CG, and CV Districts—Land Use Controls _ _ 9/11/1'5, 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 i W/Alcoholic Beverage Sales - ZA ZA (N) = Funeral& Interment Services - ZA - Laboratories L-1 L-1 - Maintenance & Repair Services - P - Marine Sales and Services - P P Nurseries - ZA - Offices, Business &Professional P P P Pawn Shops - _ ZA - - Personal Enrichment Services L-10 L-10 - (Y) Personal Services P P P - f Research& Development Services L-1 ZA - Retail Sales - P P (U)(V) s 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 0 Service Stations - - PC PC - _(E)I Vehicle Equip Repair - L-5 - Vehicle Equip Sales & Rentals ZA ZA - L-1'2 Pa e3of7 http//www gcode us/codes/huntingtonbeach/view php?topic=zoning_code-21-211-211_04&frames=on _ _ -_ 9 211 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)LL- - Hotels, Motels - PC PC Condominium-Hotel - - PC - (Z) _ Fractional Ownership Hotel Quasi Residential i _Timeshares - PC_ - (I)(J) Residential Hotel - PC - (J) Single Room Occupancy - --_ PC - Industrial _ (J)(Q)(R)(V) - Industry, Custom - L-6 L-6 - - Accessory Uses (*V) Accessory Uses & Structures P/U P/U P/U Temporary Uses (F')(J)(V) _- Animal Shows - - TU - I - - - - -- -- Circus and Carnivals and Festivals - TU Commercial Filming, Limited - P P (M) _ Real Estate Sales P P -P Retail Sales, Outdoor - TU TU (M) r Seasonal Sales TU TU TU (M) Tent Event - P Trade Fairs - P - Nonconforming Uses (G)(J)(V) CO, CG, and CV Districts: Additional Provisions L-1 Permitted if the space is 5,000 square feet or less, allowed with Neighborhood!Notification pursuant to Chapter 241 if the laboratory space exceeds 5,000 square feet L-2 Allowed with a conditional use permit from the Zoning Administrator if the space is 5,000 square feet or less, allowed with a conditional use permit from the Planning Commission if the space exceeds 5,000 square feet (See Section 230 52, Emergency Shelters ) - _L-3 Allowed with a conditional use permit from the Zoning Administrator if the space is 2,500 square feet or less, allowed with a conditional use permit from the Planning Commission if the space exceeds 2,500 square �I http//www cicode us/codes/huntmgtonbeach/view php?topic=zoning_code-21-211-211_04&frames=on Page 4 of 7 I d _ i, 211 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-sQrvice 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 G _ L-9 Public facilities permitted, but a conditional use permit from the Zoning Admimstrator`isiequired for - - -commercial facilities - - L-10 Permitted if the space is 5,000 square feet or less, allowed with conditional use permit approval from the Zoning Administrator if space exceeds 5,000 square feet In addition, personal enrichment uses within a retail building parked at a ratio of one space per 200 square feet, shall require no additional parking provided the use complies with the following • Maximum number of persons per classroom does not exceed the number of parking spaces allocated to the suite based upon the square footage of the building, and ---—• The-instruction-area-does-not exceed 75%of total-floor area ofthe-personal-enrichment-building area -- -- -- - - - _ - - -____ -L-11_Permitted-if the-space is-5,000-square feet or less, allowed with a conditional,use permit from the'Zonmg 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 Ah other communication facilities permitted. (A) Reserved (B) See Section 230.40, Helicopter Takeoff and Landing Areas (C) Repealed (D) See Section 230 38, Game Centers, Chapter 5 28, Dance Halls; Chapter 9 24,'Card Rooms; Chapter 9 32, Poolrooms and Billiards, and Chapter 9 28, Pinball Machines (E) -See Section 230 32, Service Stations - -- See<-Section-244 20—Tcmper-arT_U,se-P4.-rmi1Ls -- --- - -- -- -- -' __- - a (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 J - - (I) Only permitted on a major arterial street, and a passive or active outdoor recreational amenity shall be provided - (J) In the CV District the entire ground floor area and at least one-third of the total floor area shall be http//www gcode us/codes/huntingtonbeach/view php?topic=zoning_code-21-211-211_04&frames=on Page 5 of 7 211 04 CO, CG, and CV Districts—Land9/11/15, 11 36 AM Use Controls -- - — i - _ devoted to visitor-oriented uses as described in the certified Local Coastal Program Land Use Plan Any use other than visitor serving commercial shall be located above the ground level, and"a conditional use permit - - from the Planning Commission or the Zoning Administrator is required_Any use other than visitor serving commercial uses shall only be permitted if visitor serving uses are either provided prior to the other use or - assured by deed restriction as part of the development No office or residential uses shall be permitted in any visitor serving designation seaward of Pacific Coast Highway - (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 ry 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 n ' (1) Retail markets with no more than 10% of the floor area devoted to sales, display;and storage of alcoholic beverages provided the sale of alcoholic beverages is not in conjunction with the sale of gasoline or other motor vehicle fuel (2) Restaurants, bars, and liquor stores located 300 feet or more from any Wor 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 - - ' I -- (0) -See Section-230 46, Single Room Occupancy (P) See Chapter 231 for temporary and seasonal parking (Q) Development of vacant land or additions of 10,000 square feet or more in floor area, or additions equal to or greater than 50% of the existing building's floor area, or additions to buildings on sites located within 300 feet of a residential zone or use for a permitted use requires approval of a conditional use permit from the Zoning Administrator The Planning Director may refer any proposed addition to the Zoning Administrator if the proposed addition has the potential to impact residents or tenants in the vicinity(e g , increased noise, traffic) (R) Projects within 500 feet of a PS District, see Chapter 244 (S) See Section 230 48, Equestrian Centers (T) See Section 230 50, Indoor Swap Meets/Flea Markets (U) See Section 230 94, Carts and Kiosks 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 - - - - - - - _ I 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 - _ _ _ _ _ 9/11/15, 11 36 AM - (Y) Neighborhood Notification requirements pursuant to Chapter 241 (Z)- In the CV District, condominium-hotels and/or fractional interest hotels are allowed only at the Pacific - City(Downtown Specific Plan District 7)and Waterfront(Downtown Specific Plan District-9) sites Refer to Downtown Specific Plan (3248-6/95, 3334-6/97, 3341-10/96, 3378-2/98, 3482-12/00, 3522-2/02, 3553-5/02, 3568--9/02, 3707-6/05, 3774-10/07, 3848-1/10, 3859-2/10, 4038-12/14) View the-mobile version - - - I - a r r i r http//www qcode us/codes/huntingtonbeach/view php?topic=zoning_code-21-211-211_04&frames=on Page 7 of 7 i i � F ,1 i _ r EXHIBIT NO. 8 204 10 Commercial Use Classifications 9/11/15, 11 38 AM ft rgtor, A €Ji C'hz�C tee" and Codt� Up Previous Next. matl s€:wchw r;r,t No Fratre i ZONING CODE Title 20 ZONING CODE—GENERAL PROVISIONS Chapter 204 USE CLASSIFICATIONS 204.10 Commercial Use Classifications I ' - A Ambulance Services Provision of emergency medical care or transportation; including incidental storage and maintenance of vehicles as regulated by Chapter 5 20 b _ B Animal Sales and Services 1 Animal Boarding Provision of shelter and care for small animals on a commercial basis This classification includes activities such as feeding, exercising, grooming, and incidental medical care, and kennels 2 Animal Grooming Provision of bathing and trimming services for smalljammals 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 _ - - i 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 I - 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 i D Banks and Savings and Loans Financial institutions that provide retail banking services to individuals and businesses This classification includes only those institutions engaged in the on-site circulation of cash money It also includes businesses offering check-cashing facilities With Drive-up Service Institutions providing services accessible to persons who remain in their automobiles E Building Materials and Services Retailing, wholesaling, or rental of building supplies or equipment This classification includes lumber yards, tool and equipment sales or rental establishments, and building contractors'yards, but excludes establishments devoted exclusively to retail sales of paint and hardware, and activities classified under Vehicle/Equipment Sales and Services -- F Catering Services Preparation and delivery of food and beverages for off-site consumption without provision for on-site pickup or consumption (See also Eating and Drinking Establishments ) G Commercial Filming Commercial motion picture or video photography at the same location more than six days per quarter of a calendar year-(See also Chapter 5 54, Commercial Photography) http//www gcode us/codes/huntingtonbeach/view php?topic=zoning_code-20-204-204_10&frames=on Page 1 of 5 II 204 10 Commercial Use Classifications 9/11/15, 11 38 AM � 11 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 hiving-- 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 I 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 1 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 sere-ed such food at a table or take it off-site for consumption a Drive-through Service from a building to persons in vehicles through an outdoor service window -- - -- ___ _- b Limited Establishments that do not serve persons in vehicles or at a table 2 With Live Entertainment/Dancing An eating or drinking establishment where dancing and/or live -- -- - - -entertainment is allowed.This classification includes nightclubs subject to 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 stores5 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 t Services or Eating and Drinking Establishments With Alcoholic Beverage Sales Establishments where more than 10% of the floor area is devoted to sales, display and storage of alcoholic beverages _ L Food Processing Establishments primarily engaged in the manufacturing or processing of food or beverages for human consumption and wholesale distribution - - , - - - M Funeral and Interment Services Establishments primarily engaged in the-provision of services ' - involving the-care, preparation or disposition of human dead other than in cemeteries Typical uses include crematories, columbariums, mausoleums or mortuaries N Horticulture The raising of fruits, vegetables, flowers, trees, and shrubs as a commercial enterprise = O- Laboratories Establishments providing medical or dental laboratory services,,or establishments with - less than 2,000 square feet providing photographic, analytical, or testing services Other laboratories are- classified as Limited Industry P Maintenance and Repair Services Establishments providing appliance repair,-office machine repair, or building maintenance services This classification excludes maintenance and repair of vehicles or boats, see - (Vehicle/Equipment Repair) - Q Marine Sales and Services Establishments providing supplies and equipment for shipping or related http//www qcode us/codes/huntingtonbeach/view php?topic=zoning—code-20-204-204_10&frames=on Page 2 of 5 I 204 10 Commercial Use Classifications P 9/11/15, 11 38 AM r a 1 services or pleasure boating Typical uses include chandleries, yacht brokerage and sales, boat yards,boat docks, and sail-making loftsR. Reserved - S Nurseries Establishments in which all merchandise other than plants is kept within an enclosed building or a fully screened enclosure, and fertilizer of any type is stored and sold in package form only T. Offices, Business and Professional Offices of firms or organizations providing professional, executive, management, or administrative services, such as architectural, engineering, graphic design, interior design, real estate, insurance, investment, legal,veterinary, and medical/dental offices This classification includes medical/dental laboratories incidental to an office use, but excludes banks and savings and loan associations U Pawn Shops Establishments engaged in the buying or selling of new-or secondhand merchandise and offering loans secured by personal property and subject to Chapter 5 36 of the-Municipal Code V Personal Enrichment Services Provision of instructional services or facilities, including photography,--- fine arts, crafts, dance or music studios, driving schools, business and trade schools,and diet centers, reducing salons, fitness studios, and yoga or martial arts studios - - W _Personal Services Provision of recurrently needed services of a personal nature This classification includes barber and beauty shops, seamstresses, tailors, shoe repair shops, dry-cleaning businesses(excluding large-scale bulk cleaning plants), photo-copying, self-service laundries,and-massage as regulated by Chapter 5 24 X Research and Development Services Establishments primarily engaged in industrial or scientific research, including limited product testing This classification includes electron-research firms or pharmaceutical research laboratories, but excludes manufacturing, except of prototypes,-or medical testing and nsis etail Sales The-retailsaleof merchandise not specifically listed-under another use classificatioh- This ication includes department stores, drug stores, clothing stores, and furniture stores, and businesses - _ - retaihng-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 lea Markets An occasional, periodic or regularly scheduled market held within a - building where groups of individual vendors offer goods for sale to the public CC Swap Meets, Recurring Retail sale or exchange of handcrafted-or secondhand-merchandise for a maximum period of 32 consecutive hours, conducted by a sponsor on a more than twice yearly basis - DD 'Tattoo Establishment Premises used for the business of marking or-coloring,the skin with tattoos as regulated by Chapter 8 70 l 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 http//www cicode 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 classification includes auto repair shops, body and fender shops;transmission,shops; wheel and brake _ shops, and tire sales and installation;but excludes vehicle dismantling or salvage and tire retreading or recapping. Limited Light repair and sale of goods and services for vehicles,-including brakes, muffler, tire shops, oil and Tube, and accessory uses, but excluding body and fender shops, upholstery, painting, and rebuilding or reconditioning of vehicles I 4 -- _ 6 Vehicle/Equipment Sales and Rentals. Sale or rental of automobiles,-motorcycles, trucks, tractors, construction or agricultural equipment, manufactured homes, boats, and similar equipment, including storage and incidental maintenance -- 7- -Vehicle Storage The business of storing or safekeeping of operative and inoperative vehicles-for periods of time greater than a 24 hour period, including, but not limited to, the storage of parking tow- aways, impound yards, and storage lots for automobiles,trucks,buses and recreational vehicles, but not _ - including vehicle dismantling. -_ - --- -- GG Visitor Accommodations - - = 1 _ " Bed and Breakfast Inns--Establishments offering lodging on a less than weekly basis in a converted single-family or multi-family dwelling or a building of residential design, with;incidental eating and drinking service for lodgers only provided from a single kitchen - - - - - - -- 2 Hotels and Motels Establishments offering lodging on a weekly or less-than weekly basis Motels may have kitchens in no more than 25% of guest units, and "suite" hotels may have kitchens-in all units - This classification includes eating; drinking, and banquet service associated with the facility - 3 Condominium-Hotel Facility providing overnight visitor accommodations where ownershipof at least some of the individual guestrooms(units) within the larger building or complex is iri the form of - separate condominium ownership interests, as defined in California Civil Code,-Section 1351(D The - primary function of the Condominium-Hotel is to provide overnight transient visitor accommodations - - - - within every unitthat is-available-to-the general public on a daily basis-yeai-round,-while providing both - general public availability and limited owner occupancy of those units that are in the-form of separate - condominium ownership interests = 1 _ 4 = Fractional-Ownership Hotel Facility providing overnight visitor-accommodations where at-l�ast- 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 ccode us/codes/huntingtonbeach/view php?topic=zoning-code-20-204-204_10&frames=on Page 4 of 5 _ r I 204 10 Commercial Use Classifications - 9/11/15, 11 38 AM -- - buildings where these goods are not on the site but are offered to the-public for-sale_ I1 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. - I; 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,-hut 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 E _ I _ i I http//www qcode us/codes/huntingtonbeach/view php?topic=zoning_code-20-204-204_10&frames=on Page 5 of 5 I - - I - h f - i r — a 1 i EXHIBIT NO. 9 P California Civil Code section 3482 . I - Nothing which is done or maintained under the express authority of a statute can be deemed a nuisance. E ,L EXHIBIT NO. 10 211 02 Commercial Districts Established 9/11/15, 11 39 AM a �r p Previous Next [4,a;n ��s�� a�lk� L(�p �rar,�� 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 Ias follows A The CO Office Commercial District provides sites for offices for administrative, financial, professional, medical and business needs. B The CG General Commercial District provides opportunities for the full range of retail and service businesses deemed suitable for location in Huntington Beach. - - C The CV Visitor Commercial District implements the Visitor Serving Commercial land use designation within the coastal zone and provides uses of specific benefit to coastal visitors More specifically,the CV district provides opportunities for visitor-oriented commercial activities, including specialty and beach`,related retail shops, restaurants, hotels, motels, theaters, museums, and related services. (3334-6/97, 3774-10/07, 403 8-12/14) View the mobile version a , 4 r p _ l http//www qcode us/codes/hunt,ngtonbeach/view php?topic=zoning_code-21-211-211_02&frames=on _ _ Page 1 of 1 I � i EXHIBIT NO. 11 i n V - CALIFORNIA CONSTITUTION ARTICLE 1 DECLARATION OF RIGHTS SECTION 1. All people are by nature free and independent and have inalienable rights. Among these are enjoying and - defending life and liberty, acquiring, possessing,, and protecting property, and pursuing and obtaining safety, happiness, and privacy. a, G L i I — —d a� I ; ,I I i I - - I- it _ I II 1 EXHIBIT NO. 12 I. - 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 . - r _ 1 II i - I - t - - 1 �1p i t tpy I - } I V I � 7 t - I EXHIBIT NO. 13 r _ 2.2 BUILDINGUSE REGULATIONS e)FeiterKa e"ti anmt Fuacl,ors '' � �Comlen' IJaes: T��_�__e___---•-•.-- — Definition An Establ tshment provid- lovie theaters Definition mall bussnesses selling Small scale Pharmacies ` For the purposes of this Plan,all permitted and condition lly permitted bui leirng uses in resources or acti"lies for exercise food and ds or providt ng convc- Small xalc grocery or food sales relaxation or enjoyment that is at least mince FVKtS to serve nearby redden-' Convenience.sroms have been classified into Use Typcs Each Use Type is defined In text below and 15,000 square feet to size and es a oven sq Pr ltal ighborhaods such as those listed includes rues such as those listed in the accompanying Use Charts The Use Charts generator of signtficant pedestrian traffic DeliCstessens cafes bakmes include specific pemtitted,conditional and prohibited uses for each Use Type and sales such as those listed f{ Flutists t Uses listed a5 pernrPa'red in the DcVeloparirnt Standards Charts are further regulated - --_----� _-�-- -�-- Hardware stores i lock&key _ _— - --_� ----_-�-_= F • ll rcm and arc defined as uses perm Pried by right subject(o approval of a Sit-Plan'"-- • shops Review Uses listed as conditional in this section are defined as those which require � �� ,�, _ _ Video rentals d ft i G DriAlci Es"lishments Earn &dnnkm establYshmcnts special consideration either of then impacts on the neighborhood and land toes in the , g g • vicinity andlor of their physical organization and design A cundt¢onak t=shall be Definition Restaurants bars,.clubs,or Fun service I w{less thatn 12 seaix considered for approval if the proposed use conforms with all requirements specified other dnnkinglemertal nment establish- w/Outdoor dining - in the conditional use policy,and if it conforms with the goals and vision of the A1ei9s stick as those listed w/Live entertainment c h 13uslness sertrrees Plan w/Dancing c Definition Small to imthum sized buss- Banks • All permitted uses for a mri gic Center or Segment are allowed Cither atone or in w/Alcohol c ncssca providing services to local bola- Mad.shippi rig service I combination with any other permitted uses within a parcel Proposed uses that are not Vender cans spates'or stands • nesses and residents such as those listed olTcc uppy explicitly listed in the Use Charts may be permitted ifit is determined by the Planning Adult antenammerit faciL.,M 1 Photo c to &pnriliug Director that the proposed uses meet the purpose and intent of the Plan 1 Special Conditions for Business Services Financial services c legend Special Conditions for Fan ng&Drinking Esrabl ishmems {1} Financial sen•ices shall be permitted in Hiss categnr}'pros tdtngihat they w Not Permitted (1) Vendor Cans spaces,or stands within the public right-of--way shall require are otter services that Cater to and geticmtc pedestrian traffic Other O • Included Use these uses are allowed by right,subject to Site Plan Review a conditional use permit Financial services uses are to be considered tinder 3)Office in this r"' I Condiumnal Usc these uscs rcqumc a conditional use permit 'Iliay are allowed (2) Chairs and tables for outdoor dining shall be permitted on sidewalks within section c if they arc deemed by the approving body to meet the purpose and intent of the O the seibacks zone and within the public right-of-way provided that l Flan - (a) The use maintains a minimum five-Foot wide unobstreicted parson of t � Definition Small to medium stud Barber shops 1 hair fie nail salons • ` 12 2 1 USE TYPES sidewalk corndos which is clear and unimpeded for pCdestrian txaTfic icy businesses providing services to local Tanning salons&spas • r`7 ±, 3 ; ;rE^z„i,; ,;y: �� _ (b) The use keeps the full width of the budding entrance clear and households such as those ItMed l ,TV r' i^M c s. r.;T ? yoga&karate studios + L9 �~ - �.r �v-w'.e r 3�•'-. 3'•'; s.• =-i=d`==^r unimpeded for building access D cleaning establishments + r � eJ GcitCmi Retail Re9:4quirements Dry g a (i) Minimum interior height for r---T - - Stlf sc ivies laundrornals-- • g ground level retail of all types is fourteen pq (14)feet from floor to ceiling Use conversions in an existing building a ai Goods -. - -, -� _--- eq may not be required to meet this mqulrernent �}Aetaoiwl Enriclrrrrent*rerrlees e•.t Definition General retail establishments Apparel&accessoPy stores • Dcfimhon Proviston of instructional Driver education • (2) Airy uses featuring outdoor sales or outdoor storage not clearly ancillary selling quakilylspecially goods such as Book stores • scvices or facihhrs Yoga,dance martial ass or other to use shall require a Conditional Use Perrm those listed it An galleries • fitness.iudios I n floods Md+ors - - _ '.. Large Scale Goods goods that due s air markers ° _ _ Fine ohs&crafts'� • Definition A"regional destination Department stores • to their size,may require close access Second hand I antique stores • ® Hari-food retail store that is at least General merchandise;stores • by on,and pucks such as appliances Appliance&eleciremcs stores • k5iPirvilea Commercial&Repair 30 000 square feel m spec and is a prov- Book superstores ekmomcs sporting goods furniture S ortm odds stores • Definmon Businesses providing Plumbing services {„) • cn gcn afar of significant pedestrian and home furnishings FI'm num&home fwmishin s services to industry services that are Wacum cleaner sea trig,and apph- Electromcs superstores • g • v w traffic and sales such as those listed slores industrial in nature or services that are ante repair Quality hoPnc department • best suited to an a.no-onented environ- i sit rsiores J _ ----_"-_-� Gas stations C _--• ---- d mcni Such asthasslisted fy 6 CommunqX Onemed putehers 1 Lai a Scale Commercial Goods'& r e p Definition A local de31[n21ien'cam- Supennarkets • DefinPuon kstablishments providing Stria It scale movie theaters • Defininon Busrnc+ses 1 Ic primary Warehouse retail vermfice store that is at least 15,000 Specialty food markets • resources or acts Vines for exerCl se, Bowhn cenlers&billu ird lots • activity is the salt or repair of large Equipment Mimi square feet in size and is a roves miaxatrcn,or enjoyment such as those scale I commercial goods that are not • s9 P � g Constriction sit Iv_ k Pharrnacres&convcnPcnce • Health&exercise clubs • particularly well mlited to cdetrian generator of pedestrian traffic and sales listed � Pa Y P • sit ores • Restaurant Supply such as those listed Amusement arcades gals y, PP) Commune oriented anchors dtsrncis and that re e dose access b Q y c �T -- tars and lmeks such as those listed Auto sit Gil over b5,000 s f lL.--_ ply stores • 28 l I rn Ve Ncle soles )` ngg `>_>adz °r.: c t -T r "- 2 2 2PECIAI ETAIL CC}NFI(+[FRAT][7NS Defimuon Bustnesscs that Sall any Motor vehicle:sales • Definition Short-term commercial lodg- Bed&breakfast guest houses • kind of motonzcd ve}ricle sorb as those ing facilities such as those listed Hostels -- • 3}.v'.1}C lt7lflon r z i'At Its[ed Haiels&morels • Special Retail Configurations limit the sire ofir bvidual tenants and the totai amount 5 j4 „ to of eeatl perintttcd for Netghborhood Center and Comer Store retail cis>urs as ,Clvlt 711IId CAftnlral, ,.. (,y� ,a, s A:tx,�a s t i, v. well as the prvvis°an ofdn've-through smices j VL-Wg1'�C .?3'i+s ...;Pa' '•s�.a.,t a?3;;. .r,a Definition Sernces(mchudmg cduca- Religious assembly • „_,�- —_-� Lon and otilltres)cultural tnstrtuitnns, Defimuon Adwellmg unit in which the Livc-work umis Baseball football soccer tennis - - • } t. _i . . r_ r. s 3. __ _ _ _-- - --- - ' - --- - w oceupant condue;ty a horns-based buss- and recreational facilities made avail- and other sports fedds and courts ness or enterprise i) Where road is perm.attcd as part of a Netgbborhood Center Colter Stare or stile to the gcncrah Public for Gee or at a Communit canters Y i I drive-through it shall conform t�i the following size and lacanon requirements reasonable cost such as those listed • i) Special Conditions for[.ive-Work 13 Educauanal facilities i Indoorbiicrecreation facilities • (1) Work activities that require hazardous assembly,including fabrication, a) +Neighborhood Currier. h Libraries • manufacturing, repair,a processing operations such as welding and Definition A retail cluster(two or more abutting retail establishments)consisting Exhibition,conwrokon,or confer- • woodworking,or venues including the handling of animals shall require a of(permitted)convenience uses,small-scale shopping and personal services that once centers Conditional Use Permit provide goods and services amenities to nearby residential ncighborhouds { C°ty}molts • (2) Tire maximum number of cmployces not including the awnerloecupant is Hospitals a i) Special Conditions for Neighborhood Serving Retail limited to two per unit Counhouscs • (1) Limited ina maximum of two community oriented anchors Museums • (3) once esrabl°shed,Livc-Work may not lie converted to a solely cammcrcial orbusiness use However Live-Work units may revert to solely residential (2) Limited to d maximum of 25 0tltl square Fec[of non-anchor retail performing azts facifitics m • use. (3) Limited to a maximum size of S 0611 square feet per Eating and Dunking ,g, Stadiums,not imludingstadiorns - -. _.....-- O for professional sports teams o establishments e . a Swimming pools + ,��, RESIikeA Cj �_��,,�_; ,' ,.,g a,,,;rw 3 y,. r,a r-�'" (4) Conditional Use Pcumt Development including non -ancharcd recoil uses .7 Post offices • Definition Al!owner and rcracr-occupied dwelling units,including attached and exceeding a.total of 25,000 square fact a Transit facilities,terminals,& detached houses_multi-unit buildings,manufactured and mobile homes stations b)- Cor"r.Slore Police suntans&fire st i ons • a Mulfit.fiann.ly wnfh C.Nimn a ErN - Defimnan }3uildm s lest tied ass [hvcllin units,accessaryDefinition A small store or cluster of stores integrated into a larger building on _ o g g • the earner of"a city block Comer Stares consist of(pcnmtted)convenience lists, residence for mulnpte households u here Dwoibng units,primary two or • small-sank shopping,and perwnal services that wive homes or businesses locaicd p f e• sonic dwelling units an accessed from a more hou.-bolds re r simcm ..i within easy walking distance o Professrtvnal Sernces � ' '- � ;, .,r" common lobby entry or shared hallway Z)' Definition Workplacc uses including Research&dcvelopmem offices • i) Special C'ondrteous for Comer snore Retail ev professional administrative,research Educational&imaLtuhonal offices • f h W61h-farad'with indindual ---- - --- (1) A maximum size of 2,500 square fcct per use r and development financial and cduca- Print&electronic media offices ' nonal.activities far businesses,mdividu- .Dcfimgon Buildings destgtted as a Dwelling units,accessary • {2) A maximum size of$,tltltl square foot tots),per cluster (newspaper magaame,radio, • residcncc fix multiple households where Dwelling units,primary two or .Is.and non-profit organizations such as teteVoglon • {3) Conditional Use Permit Indivirival uses larger than 2,500 square foci those listed all dwelling units have a dedicated more hauscholds r structure Data or lolccommumcataons of- • cnlrancc accessed directly from a public provided thi[the use is unique and not already provided within one(1) fices sidewalk mile trade dren C Any other professional,executive • in - — or administranve office use l(4) Comer S[o*t Retail anus[be located on the comer of a block and the U entrance mu,t bee a public street,mivare or plaza space 1,_ Attached sl le-Fa'nmly Horses z (� Definition Attached hnrnes on separate Dwelling units accessory a n) Parking spaces mlcndcd'For Comet Store Uses untie Ibe Ineatcd on streets 6!T a I parcels sbanng egnlman.vahls with cacti Dwelling units,primary one street parking its discouraged for comer store and shall require a coodawndl me i� Medical Services o- 1111 Q Definition Mcd°cal workplace uses and Medical&.dental offices or fetch- • 'home feativmg an eutrancc acecs`scd hortsgtold cr structure permit W directly front a public sidewalk i cstdbtishmcnis with employees will Iles 3 _--- --- ic) Drive-Through i medicate licenses such as those listed indoor veterinaryclinics c ""'" Acupuncture physical therapy --�'"" - — - '"-----' Definition Servncc from a building to pcisons in vehicles through an outdoor son lee chrro actor -- • d_ DettKbW Sin-k:ftmr--Flofries " - window Psychiatric • Definition A detached build rig de- Dwohn units,accessory i 1 signed as a residence for one household ',Dwelling units„primary,one MorivaryservoM • housholds perstructure 29 I i I I ' I I I i I l I j i •1 y 1 223 AFFORAABL.E HOUSlr G REQUIREMENT xd)�-MiscelMneousProwsions-_ t)''The conditions of approval for any project that . This section contains standard and guidelines to ensure that affordable housing is Pp r requires affordable units shall provided throughout the Specific flan area,consistent with the City's General plan specify the following items Housing Element (1) The number of affordable units, ,i 1 Or .w (2) The number of units at each income level as defined by[he California' Health and Safety Code and a) General $„ - (3) A list of any other incentives offered by the City - r - �.- - —.-This section shall.apply to new residential pru3etta three(3)or more units in size -I u)An Affordable Housing Agreement outlining-all aspars of the-affordablc"- - '•• -- '-•-- __ _— _ _ -_- _, -.:._ housing provisions shall be executed between the applicant and the Cary and' b) Rt gnerements(or some other appropruite teele)' recorded wtth'the Orange County Recorder s Offte prior Mtn issuance of the • first hu ilding permit For rental projects the City Development Agreement, , ill i) Amtmmum of 10 pcmcot of al!new residential construction shalt tie affordable shall be used f housing units,unless the project is within the redcvetopment project area,in I " !° which case the equivalent of 15 percent of all new residential construciion shall w) The Agreement shall 5pecify an affordability term as specified by Section be affordable housing units 230 26 of the Huntington Reach`Zoning and Subdivision Ordinance t it) A City Development Agreement shall be required for projects[bat include iv) All affordable o r-site units to apraject shall be constructed concurrently with or rental units prior to the construction of the primary projcci units unless otherwise approved rhmugh a phasing plan Final approval(occupancy)of the first market rare in) For sale units included in the project shall be made available to moderate residential units shall be contingent uponthccompienon and public availability, mcotnc houschntds as defined by California health and Safety Code Section or evidence of the applicant s reasonable progress towards attainment of . 50(Y93 or a successor statutt completion of the affordable units id= iv) Dcvclopers of residential projects may elect to pay a fee in lieu of tiroviding the v) All affordahle units shall be reasonably dispersed throughout the project .i units oil-site to fulfill the requirement of this section as allowed and pursuant unless otherwise designed through a master plan,shall contain on average the (0 the requirements of Section 230 2G of the Huntington Brach Zoning and G7 q 6 g. same number of bedrooms as the market rate units in the project and shall be I Subdivision Ordinance �r comparable with the ma rket rate tin its m terms of exren ur appearance,materials S7 v) Developers of residential projects may elect to provide the affordable units at and finished quality ;D an tiff site location If affordable units arc off-sire,theymust be under the full vi) New affordable units shall be occupied to the following manner control of the applicant,or other approved party and must be located within the (1) if residential rental units are being demolished and file existing tenants) Beach Edinger Corridors Specific Plan area boundary -Q meets the eligibility requirements helshe shall be given the right of first ,^. vi) New residential projects shall mclade construction of an entirely new project ] reftisal to occupy the affordable units(s),or or new units adtled to an existing project For purposes of determining the [y required number of affordable housing units only new units shall be counted (2) if there are no qualiicd tenants,or if the qualified tenam(s)chooses not to exercise the right of first refusal or if no demohnon of residential rental C) {,7f]--Seta L'onstrreseton ofA,Q'ardri5le :nres units occurs then qualified households or buyers will be selected t) Cxcept as may be required by California Govemincnt Code Section 45590 or a successor statute dcvelopcts may provide the required aFf•ardablc housing off- e) Price ofAffordable Units l° ;:f site at one or several sites,within the City of Huntington Reach in the Beach Affordable housing cost shall be calculated in accordance with the Code Section G F ui get Corridors Specific Plan area S 7 ' g P ' 005_5 standards for ownership units and Code Section 50053 standards far rental C 7 n) Off-site proiccts may be new construction or substantial rehabilitation,as units i" defined by the Codc Section 33413 affordable housing production requirements, ' m of existing non-restricted units conditioned upon being restricted to long-term f) ,Reduced,Fees for Affordatik Housing aaffordability 'A(Risk units tdentified in the Housing Element or mobtle homes may be used to satisfy this requirement ? Projects that exceedmclusionary requirements on-sift will be eligible for reduced i City fees pursuant to an Affordable Housing Pee Reduction Ordinance,upon in) All affordable off-site housing shall be constructed or rehabilitatod prior to adoption by the City Council A or ccocurrendy with the primary project final approval(occupancy)of the . .. first market rate residential[nits shall be contingent upon the completion and �r e►7Se{}"Bonus Incentives public availability or evidence of the appbeant's reasonable progress towards ' attainment of completion,or the affordable units Projects that meet the affordabilay provisions of Section 230 14 of the Huntington Reach Zoning and Subdivision Ordimitec for density bonus shall be granted an D incentrve(s)or concessiun(s)pursuant to Section 230 14 I � 34 i This chapter sets forth definitions of certain words or phrases used In this Code in Black Perimeter order to promote consistency and uniformnry in their usage,thereby facnhtattng the` The total length of the publie nglits o'f-waytalo tg all black faces interpretation of this Plan The meaning and construction of words and phrases as Breeaenray I set forth in this chapter shall apply throughout the Plan unless the context clearly A covered driveway or walkway penetrating a budding,to connect to courtyard, indicates othemise'Defiruti ns contained in the city's Municipal Code shall be parting areas,or alleys at the interior or rear of parcel' applicable except when in conflict with dtfinittons contained an this chapter or elsewhere in this Cade in which case this Code's definitions shall prevail Burk ling I I Any structure having a roof supported by columns or walls for the housing or ' Aceessory Building i enclosure of persons animals,chattels or property of any kind A building or structure which is located on the same lot and customarily incidental and subordinate to the Primary Buildmg or to the use of land such as a garage Building Composuwo Accessory buildings may freestanding and arc not considered pan ofthe Primary A building s spatial atrangemtnt ofmasses aril architectural elements in relit pin 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 egmpmcnt,storage BuildingDisposutoa of household items play house or green house Aco ssory buildings may include The placement and onents ion of a building or but kin gs on a parcel halartable area such as a hole office,recreation room guesthouse,or sleeping Building Envelope womdsJ The maximum space a bnddrng or buildings may occupy an a parcel Aceessory Dwelling Unit A separate,detached,complete housekeeping unit with kitchen,sleeping and full Building height bathroom facilities,located onthe same parcel asa Primary Building but subordinate The vertical extent of a building measured in Jett and stories not including a rased E In ante basement or a habitable attic Active Living Spaces Buildrog Orientation Habitable spaces such as dining rooms,living rooms,or bed rooms that accommodate The direction that the pnmary budding facade of a build mg facts living activities Build tag Placement Active living spaces do not include kitchens,bathrooms partially submerged The bxanon of a burldmg on a parcel basements,or utility spaces Rankling Volume Alky Part or all of a building's three dimensional bulk Apublrc or private way having an ultimate width ofriot less than 20 feet permanently Context ' reserved primarily for vehicular service access to the rear or side of properties Physical surroundings rtreludmg a combination of architeemral natural and nvnc otherwise abutnng on a street elements that establish a specific district,neighborhood or block character t Alley Setback Corridor ' The required minimum distance from an alley s edge of pavement to any building The combination of all elements that characterize a roadway This consists of all ! ArticulaMia elements within the public right-of way/street(the vehicular realm I thoroughfare t The use of architectural elements to create breaks in the horizontal and vertical and flit pedestrian realm 1 public frontage)as well as each adjacent property s surfaxs or masses of buildings private frontage ' Base Corndar Centers and Segments An area as defined to the Corridors Centers and Segments Map whose urban form Abase treatment is a horizontal articulation ofthe laver part of a building facades design that serves to establish a human scale lot pedestrian users and passers-by, has a unique forms ebasic within the Plan princArtaiple The range n Corridors Centers and Segments Forms the iaasu,organizing pnncaple for ilia Plan a Development Code and aesthetically ties"a burldmg to the ground � Block i men Corridor Centers ant Segts Map An aggregate of land,mchding parcels,passages,rear panes and alleys bounded The map that designates Corridor Centers and Segments and determines wluch by streets or railroad rights-of-way I An alley does not constitute the boundary of a regulations in the DeFelopment Code apply to each property within the flan Area Q Black � E � I 133 i i t Development Code Frontage Coverage Tone i Open Spate(Public&Private) Pnmary Entrance The chapter of the Specific Plan containing all Standards The space between the mmlmum and maximum front yard Land that may be used for passive or active rccreaton There ncc mamlprmcipal point of pcdestrian access into a building Regulations,and Guxlefirics that apply to development within setback lines and the minimum side yard or side street setback arc a wide range of open space types including parks,plazas, configured as a Private Frontage Type the Plan Area lines yards and other configurations as defined in the Development l'rirafe Frontage Densih• Froalage Line code I)7-lie porti nn of a property between the back of sidewalk The number of dwelling units within a standard measure of A property line that coincides with the corridor public right- Parcel or Assembled Parcel !roc and the primary building Facade along aiiy Sirect I land area,usually given as units per acre of-way A legally defined area of land under single ownership 2)Potrions of all primary building facades up to ttie top of Development Regulations Frontage Type Pit rlung kit— r _ __ _ ___ the first or second floor,-Including building cntmntesl located— � f -- - - ---`" -- `A specrfie configuranon of eleoliMIS that define haw public or Apaved area,usually divided into individual spaces,intended slang and oriented a streea or active open space Standards arid—Guidelines contained within this private frontages may be designed for parking vehicles document � I ('{t}•sscal.elements of the Private Frontage include,but are not Driveway Garage i Parking Structure 1: limited to a building s primary entrance treatments setback A vehicular lane within a parcel usually leading to a garage A building used for vehicular parking with no internal A structure used for parking or vehrc les where parking spaces, at cas and property edge treatments i I or parking aria circulation I turning radius,and drive aisles arc incorporated within the Property structure An individual/owner's land, IFIC11114LUg land improvements Dwelling Unit Guidelines One or mom habitable rooms with only one kitchen,and Principles that provide direction regarding the preferred Partally Submerged Podium and any permanent tlxrures on the lazed including buildings designed for occupancy as a unit by one or mire prisons method of addressing specified design considerations A parking structure built below the main building mass and trees and other fixtures living as a household unit with common access to all living Conformance with guidelines ,s reoommeaded but not partially submerged underground Property line ` required passel el asei The bounds that legally aril comutncali. demarcates a kitchen and bathrooms areas g p r}' g y 6 Y Entrant historic Resource An at-grade pedestrian mrincctor passing between buildings, property To be located along a frontage Sine A building,site or feature that is a local suite or national providing shortcuts througli long blocks and connecting Public Frontage historic landmark sidewalks or front yards to rear yards parking arras and The area between a thimuglifarc curb face and the back of Entrance or Entry open spaces A point of pedestrian access amen a building House Scale sidewalk line Physical ekinenis of the Public Frontage To be roughly equivalent to size and mass to a detached single Path include,but are not limited to the type of curb sidewalk F.cadc family house A pedestrian(or bike)way traversing a park or rural area, planner strip street tree and streetlight The exterior wall of a building The front of a building or with landscape matching the contiguous open space Public Ri tit-Of-\Va any of its sides facing a public way or spaces frequently Human Scale g y distinguished by its architectural treatment To have the size height,bulk,ma5sirig, or detailing that Plan Alta For purposes of this plan,any area dedicated or subject to creates a comfortable relationship to humans The]and whose boundary includes all the properties that public fee ownership or an casement for public use for Facade Composition I must adliere to the regulations within this document vehicular and/or pedestrian travel including but not hrnrtcd The relationship between mdividual elements of a faendc as Liner BuildmglUeea I to,streets,alleys,and sidewalks they relate to the facade s overall design,articulation,and A portion.of a building,with di stincL habitable uses located Planning and Building Director/Designee i conceals the larger The head ufa city's pla aning and building department or other Public Right-Of-Way'fine organization along a property frontage such tha Iit building behind Typically liner uses are located along individual who has the authonty to make decisions regarding Thu boundary,that legally and geometrically demarcates the 1 Facade Off--I parking garages or large format/anchor retail buildings the implementation of the regulations Within this plan' Kibbe Right-fit'-Way ff A horizontal or vertical Plane break spanning a facade where I;.I ' i i ' ip I' t 3 i Main Entrance ! i I I• Planter Strip ' l i �' ,Public Wurl.s�UireciorlAestgnee one portion of a facade sets back from another i, �, '1 i �t f i / oY h ' See primary entrance• ii An eltnient.of the public frontage looted m be[ace the yld c head'uf a;te[y s public'w s department 'oilier j Floor i� 11 'i 1 ,l I j sldewalkandthethornughfarecurbfaq,whicharcommodatea/ ' , tr'tAu'I who has aheauthonly toimaketdccislans rtgartltnf I Sec story %fold-Family j l rY landscaping, including sRctt trees Planter stops mad be implemerunt, n o thr rogulanans wtC io thus plan The use of a swkle building for two or motelwxlhngs f1Front Street Icontinuous or individual f i ' 4 ' ar Yard i t A street that a building 5 pnrntsry entrance is orien Municipalted l Code Primary Building 7 he area that results from a rear yard setback Low^ards A col loction of regulations that guide local government pi mainlpnnupal building on a tat, including parking Rear 4ard Setback Open Space(Wable) structures and excluding accessory buildings or structures Front Yard The distance between a rear property line and any building The area that results from a front yard setback Any side yard„courtyard or other open space that is accessed with a primary facade located within the frontage coverage directly by primary entrances)to housing units or office tone Regulations Front Yard Setback spaces Outdoor or unenclosed area on the ground or on a Primary Building Facade )tegulations include Regulatory Definitions The mlcs and The dtstantx or range of dtstaraces (expressed on bath balcony,leek,parch or terrace designed and accessible for performance measures that dchnc Regulations and establish The mainlprincipal facade ufa building that faces a street or minimum and maximum)required from the back-of-sidewalk outdoor living recreation,pedestrian access or landscaping ltow Standards apply to ptoperties Regulatory Definitions do to the primary'btnlding facade along a street Usable open space does not include parking facilities, open space not vary from one District to another driveways,uhlity or service areas Primary Building Mass Frontage Coverage Y _ Regulations include feneral 'Requirements Ptirfomiancc [} The minimum percentage of the length of the frontage fhe most prominent pinion of the Primary Building s measures that do not vary from one District to another coverage zone that aurall be oCsupicd by a primary3-dimensional bulk building ,I facadc(s) i, 134 , t Ribbon Wtadows Street Windows - Ribbonwindowsareaseriesoflong honzontallyproportioried The combination of all elements within the public ngbr-of- Openings in a budding th,rade that allow Iigbt and/or air into windows interrupted by vertical mullions way the vehicular realm 1 thoroughfare and the pedestrian tkc building , realm/public frontage I Roof Zoning Ordinance ' The top eurfacc that covers a building Street Type The Zoning Ordinance of the City of lduntington Beach Services A specific configuration of elements that define how newstrects Aetisntics and,in some instances die it structural components mom` designed that relate to the maintenance and /laser functioning Streetscapr _ -, - -components ofeach land use These activities May include,but'- -The compositran sod design of all e men anda lets an the pubhc I r i � !f aie not limited to,trash and recycling areas and aboveground right-of-viay the vehicular realm 1 thtirough fife c%mponcntS of wct and dry utrhueS lanes for vehicles and bicycles parking lanes for cars and 5No £rant i sidewalks or paths for pedestrians)and the amenities of the A specific private frontage type Shopfronts are the primary pedeshnau realm 1 public frontage(sidewalks street trees and treatment for ground-level commercial uses, designed for plantings benches streetlights ctc) } l active ground floor activities including retail dining,and Sastaumbdity personal services Physical or design elements that improve environmental Sidewalk performance,Mooney,and livability to meet the needs The paved area of the public frontage dedicated exclusively of the present without compromising the ability of future to pedestrian activity generations to meet their own needs (quotation from the Our Common Future,World Commission on Environment Side S.lb—k and Development,United Nations 1987) i See Side Yard Se[Wck Tandem Parking Side Street An off-street parking arrangement where one vehicle is A street along a corner parcel that is not a front street parked behind the odicr Side Street ffaSade Thoroughfare The facade of a bur/ding that typically faces a side street The portion of the street between Curbs that includes all Side Yard vehicular lanes including travel lanes win lanes,parking The area that rcsulis from a side yard setback lanes Side Yard Setback 7hrwahouse The drstance between a side property line and any structure A home that is attached to one or more other houses,and requiring a building"it which sits directly on a parcel of land that is owned by the , owner of the house Sign Any rncdtutn for visual communications,which is used or Urban Design Concept intended to be used to attract attention The dtstnei structure which serves as the conceptual basis for _ 'r the regulations conta mod in Book 11. Signs@raet ' An important part or area,or a large quantity (as]verb) b) i t To occupy land or water in any manner or to establish,catty Ie, SignifcAut Additions 'I out,maintain or continue any activity or development on land Additions greater than M of the but idi ngs floor area or in water regardless afwhether the activity or development is Single-F.imdy established,carried out mamiamed or continued in a manner The a single building for one dwelh Fig that utilizes burkhngi or structures on land or in water Standards Wall Cladding r All required development sp4cifications(such as permitted The exposed materials of a facade that primary walls,base, land use types, building height dimensions, and setback wall accent,trim,and other articulation elements are made of F dimensions)that vary from one District to another or covered with Story Window Wadi A habitable level within a building as measured from finished A wall entirely designed with windows usually from floor if 9 Q floor to finished ceiling Attics and raised basements are not to floor , m considered stories for the purposes of determining budding ^� height f' i 13S � I , i r - EXHIBIT NO. 14 - 9/11/15;11 47 AM 40 06 Fees and Deposits Up � ��Ietfk0vS Nlext Ma'.ki Search _ �&6��- — D Fri-nE'�; ZONING CODE - Title 24 ZONING CODE—ADMINISTRATION Chapter 240 ZONING APPROVAL—ENVIRONMENTAL REVIEW—FEES AND DEPOSITS 240.06 Fees and Deposits — II 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 establislung applicable fees and charges - " -- View the mobile version }' a P i Page 1 of 1 http//www qcode us/codes/huntingtonbeach/view php7topic=zoning_code-24-240-240-06&frames=on _ I - 1 _ 1' h , i I ' I' - V _ I - r II - I i, �I �III I� II I' EXHIBIT N0. 15 i (I I' , it i U �I d I� - , II i �I 4 if I� P „ r - EXHIBIT NO. 16 u� I i << CITY OF HUNTINGTON BEACH ' Mike Vi,lk&a p cdeeAuhura cry AWM lip OFMCS ©[F� ftul DIMAn4dro Al CkyAnomy CITYATTRNEY Asx t0tyAA=,wy PO.Box 190 lwl Ware ore 2000 Main street 1i Sr DOWryCIAWney 3t��Fri NUchael E. Gates t3untftTelep Beams, o45,5 9764ii l Sr.Ytio"CIO Attomey City Attorney F (7I4137 tg� r ��X Ohl , r a Mare 30,2015 i II Business Licensing City of Huntington Beach i 2000 Main St. Huntington Beach,CA 92648 �' r Re: Medical Marijuana Dispensaries Prohibited It - - _ Dear Business.Licensing: As you know,Medical,Marijuana Dispensaries are not a permitted commercial;yreta4 or other use in Huntington Beach. The Runtingwa Bead Zones and Subdivision flrdinaace (FIBZSO) d6es not recognize these dispensaries as licit or legal retail or con=acW establishments,acid the Flaniaing and Building Director has consistently mane the same determination. i In 2005, the City enacted a moratorium on these types of dispensaries, In. i007, the City F Council amended the HBZS€}to eliminate Medical Marijuana Dispensaries as a permitted(non-prom, for-profit, retail, commercial, or otwrwise) use within. the City. Accordingly, since 2007, Medical Marijuana Dispensarics have not been listed as a perraitted use in the City and are thereby prohibi#exl in an zoning district in the City. I i � y Wing Moreover, on March. 2, 2015, the City Council voted to have an Ordinance amendment prepared that adds expressly articulated language to the City's Code(HB2Sa}that Medical Marijuana Dispensaries are prohibited,period. This recent Council directive for an Ordinance amendment dyes I not change the City's longstanding prohibition against Medical Marijuana Dispensaries,ljt just makes r _ the law clearer. F - i I r It I (I -March 3€l,2015 - ---- Page 2 - Courts have consistently affirmed the City of Huntington Beach's position. In recent months, - - - no fewer than throe Medical Marijuana Dispensaries have been slut dowm: In fact,on Friday,Ma 27, 2015, the Orange County Superior Court granted Huntington Beach's request f6i a PrelimiuM lujunction against a Medical .Marijuana Dispensary. It is not pemnitted to operate In Hunfiag#on Burch. � z i Based upon the foregoing prohibitive policy ad legal authorities on this topic it u the City,any - Business License applicant who seeks a u gton B Business License to open and operate a --�B - a Medical Marijuana Dispensary will not be provided an application, nor will the limt pay fire application fe. The erson seems a Business I.iccutse will not be provided an applira#ion because under Huntington. Beach Municipal Code Section 5.08.360, no license shah be issuexi to auy m f failing to present all appropriate zoning pertr�its,or via has failed to comply with any other provision t of City Codes. ........................... - Any attempt to apply for a Business License in fight of the foregoing prohibition against Medical Marijuana Dispensaries is futile. However, according to HBZSC? Section 2i14g Rules for Interpretation, any applicant has the right to appeal an inWrpretatioa of this prohibition to the Planning Commission,as provided in Title 24 of the HBZS0, i If any applicant has any question about the City's laws and/or policy on this matter,pleathe applicant to write to my office. I will provide a wriom response to the applicant after receipt of a _written request. I, 4 H E Thank you ag*f&2pr cooperation, I � I i i i NU l E. Gates City Attorney - i - - City of Huntington Beach - -_ --- r � I r E II I I' - I - I I - r I �I I EXHIBIT NO. 17 I� II I I I MICHAEL E GATES, City Attorney SB 258446 DANIEL K OHL,Deputy City Attorney SB 109372 I' 2 Box 190,2000 Main Street - Huntington Beach, CA 92648 3 (714) 536-5555 FAX(714)374-1590 - 4 Exempt from filing fees pursuant to Government Code §6103 5 Attorneys for City of Huntington Beach I 6 7 r 8 SUPERIOR COURT OF THE STATE, OF CALIFORNIA - r 9 COUNTY OF ORANGE,CENTRAL JUSTICE CENTER I 10 - CITY OF HUNTINGTON BEACH AND ) CASE NO 30-2014-00745511-CU-MC-CJC 11 PEOPLE OF THE STATE OF CALIFORNIA, ) DECLARATION OF SCOTT LESS 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 i 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 Jmi,S1oboian 20 ) 7 Declaration of Daniel K. Ohl 21 8 [Proposed Order] zz ) DATE. January 14,2015 TIME 1 30 p m 23 ) DEPT. C-10— JUDGE Honorable Linda S. Marks 24 ) 25 1, Scott Hess, declare• b 26 1 am a competent adult over the age of 18 and have personal knowledge of the following 27 facts which I could and would testify to if called as a witness. I make this declaration in support 28 144302/115573 1 I. DECLARATION OF SCOTT HESS IN SUPPORT OF PLAINTIFF'S EXiPARTE APPLICATION FOR ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER I. 1 of Plaintiff's Ex Parte Application for Temporary Restraining Order-and Order to Show Cause re- 2 Preliminary Injunction - -- 1 3 1 am currently employed with the City of Huntington Beach and have been continuously 4 employed with the City for thirty years I am currently the Director of the Planning and Building 5 Department and I have been the Director of Planning for six years. The Code Enforcement 6 Division is under my supervision and has been for six years I am familnar'wnth the City's land 7 use zoning districts,use classifications,the Zoning and Subdivision Ordinance and the 8 requirements for zoning approval in any zoning district I am also aware that a business must have 9 a business license to operate in the City 10 The City's Zoning and Subdivision Ordinance is comprised of Titles 20-25,with each title 11 containing several chapters and each chapter containing several code sections The Zoning and 12 Subdivision Ordinance is permissive in that it lists the uses which are permitted Chapter 205 13 entitled Use Classifications, sets forth which uses are permitted It lists uses under Residential, 14 Section 204 06, Public and Semi-public, Section 204 08, Commercial,Section 204 10, Industrial 15 Section 204 12,Accessory, Section 204 14, and Temporary,Section 204 16,use classifications 16 The use classifications describe and group uses having similar characteristics,but do not list every 17 use or activity that may be within the classification 1, 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 1,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 Planing 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 manjuana dispensary that has 24 inquired or sought approval to operate has been told they cannot,as it is not apermitted use It ins 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 i 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 it t I - i= approval prior to the issuance of different types of permits, certificates of occupancy,business 2 licenses or utility service connectio in Section 240 I 3 I declare under penalty of perjury under the laws of the State of California that the 4 foregoing is true and correct 5 Executed this 4L'-day of _, 2015 at H tmgton Beach, California 6 -- 7 Scott ess s I� 9 10 11 14 - - p 12 I' I 13 - 14 15 16 _ 17 18 i 19 1' I - 20 i f 21 -- i 22 23 it I, _-- _ 24 - 25 - i r 26 27 I' 1 28 144302/115573 3 DECLARATION OF SCOTT HESS IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER r P i PROOF OF SERVICE OF PAPERS L 2 STATE OF CALIFORNIA - ) ss 3 COUNTY OF ORANGE - ) i 4 I am employed in the County of Orange, State of California I am over the age of 18 and 5 G not a party to the within action, my business address is 2000 Main Street, Huntington Beach, CA 6 - - - i - - 92648 11 - 7 On /� �/� ,I served the foregoing document(s) described as 8 DECLARATION OF SCOTT HESS IN SUPPORT OF PLAINTIFF'S EX PARTE 9 APPLICATION FOR ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER 10 11 on the interested parties in this action by placing a true copy thereof in a sealed envelope 11 addressed as follows 12 Huntington Beach Care Givers BY HAND DELIVERY P 13 17416 Beach Blvd 14 Huntington Beach, CA 92649 (714) 475-5502 15 Cristian Peirano,Esq VIA email to clp@peiranolaw corn 16 Peirano &Associates,Inc 1666 N Main Street, Suite 350 17 Santa Ana,CA 92701 18 clp@peiranolaw com i 19 I declare under penalty of perjury under the laws of the State of California that the 20 foregoing is true and correct T 21 Executed on /f/ 3/� , at Huntington Beach, Ca I forma 22 � � 23 --:ie oan Naideth i 24 I 25 26 27 144302/115573 ! __ 28 DECLARATION OF SCOTT HESS IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR ORDER TO SHOW CAUSE RE PRELIMINARY 1N�JUNCTION AND TEMPORARY RESTRAINING ORDER j II - 1 SUPERIOR COURT OF THE STATE OF CALIFORNIA 2 COUNTY OF ORANGE, CENTRAL JUSTICE CENTER II - 3 t P 4 CITY OF HUNTINGTON BEACH and ) I, PEOPLE OF THE STATE OF ) 5 CALIFORNIA, ) l 6 Plaintiff, ) 7 vs ) Case No 30-2014-60745511 8 DANIEL GARFIELD RICHMOND, ) HUNTINGTON BEACH CARE GIVERS, ) 9 and DOES 1 through 50, ) _ Inclusive, 10 ) Defendants. ) 11 f 12 13 j 14 15 DEPOSITION OF I , 16 SCOTT HESS 17 SANTA ANA, CALIFORNIA - -- 1' 18 FEBRUARY 23, 2015 1' 19 20 F 21 REPORTED BY. PATRICIA A. PAGANO, CSR 8406 N 22 23 I _ 24 1 i 25 T It H - 1 b I i I 1 to the zoning code open for the public to come and look at, I! 2 correct? 3 A. Yes 4 Q All policy decisions 5 A Correct 1' I 6 Q -- is that correct? i 7 A. Yes. 8 Q Okay. Very good V 9 MR. FUJII: I've got to make a phone call. I got a 10 text Can I 3ust take a short break? 1 11 MR PEIRANO.' Sure. Let's go off the record i 12 (Recess ) 1 I 13 (Record read ) 14 MR. PEIRANO. Let's go back on the record I' i 15 BY MR PEIRANO. 16 Q Have you issued any policy decisions with respect 17 to medical marijuana at all? } 8 A No. You know what? Would you mind -rephrasing the 19 question 20 Q I'll ask you another question 21 A Okay. 22 Q Did you feel the question was unfair? 23 A No w 24 Q Did you feel it was incomplete? -- - - - i 25 A Yes . 39 - I I f i - -- I 1 Q. Okay What- would I have needed to do to make it a 2 more complete question for you? - 3 A. Written policy or verbal? 4 Q. Well, before I -- before I ask you that, I read 5 over the zoning ordinances and specifically with-policy 6 decisions. 7 A. Uh-huh I 8 Q. They're supposed to be available to the public to LLI 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 i 13 to figure out? ; 14 A. Correct. 15 Q. The point of the policy decisions and keeping them i 16 in writing is so there can be some consistency. 17 Isn't that correct? - 18 A. - Yes 19 MR. FUJII: Vague and ambiguous -- objection. Vague and - - I 20 ambiguous to the term "policy decisions" if, in facti, that 21 is not the term specifically used in the code 22 MR. PEIRANO- Well, you're the attorney for the City of - 6 - - 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 �l I' i I I I 1 MR FUJII. I don' t know -- Dust vague, ambiguous as to 2 that term If you understand that term, that's fiIne. _ 1 - 3 BY MR PEIRANO - - 4 - Q Are policy decisions defined in the ordinance code's 5 A. Yes. - --'= -_ --- - - -- I 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 i 10 zoning code, correct? 11 A _ Yes -- I 12 - - Q. Okay. Very good. - ( _- 13 MR FUJII. Earlier you -said "ordinance code. ": Do you t 14 mean- zoning code? 15 MR. PEIRANO Uh-huh I did I 16 MR FUJII _ Okay. I 17 BY MR PEIRANO - I i 18 Q. And I apologize. I'm not a zoning attorney or a 19 specialist in that area I imagine that if I get something 20 wrong, instead of you adopting my statement and continuing 21 wrong, you'll probably end up correcting me and letting me i - - 22- know that I'm mistaken, so -- you don't have- to do It-fiat, - 23 but, in all fairness, so we can have a good discussion, I 24 would expect you to do that, corrects 25 MR FUJII You don't have to answer that. 41 I -- - 11 III - i J , i 1 I I - I� i I - I I i I I I - I� 1 I EXHIBIT NO. 18 r r, I i BOUT BUSINESS LICENSES... ' elcome tothe City of Huntington Beach business OEM mmunity This information guide is intended-as a - - - - mmary of information you will need to know in You can Obtain an application from City Hall, or Jer to operate a business in Huntington Beach download one from our! website at +�'�' Certificate of Occupancy Dept — required es t its uide is rovided as a ublic serv►ce it is not www huntin 'tonbeachca ov Look under the commerPlanningcial and Building Dept far businesses 1 g p P commercial or industrial location Call 71 -inclusive and any specific questions should be Finance Dept for Business License Complete the { ected to the Business License Division at (714) application and bring it to City Hall on the 1 floor, 536-5271 or pick up an application from C 2000 Main Street or mail it to Business License, Hall 6-5267 Clarification and definition can also be .rnd in the Huntington Beach Municipal Code, P O Box 190, Huntington Beach,CA 92648 If you /1- Fictitious Name (dba) — must be tilled if y le 5 _ City of_Huntington Beach businessa_ are in a commercial location in the city, you-may __ _--.choose-a-business-name that-does-not-inclu--- - - =nse is not a re u story license but i need to fill out an application for a Certificate of yojr own last name Contact the Cow P pay or# e public safe needs of the people Occupancy for the Planning and Building Clerk's office at (714) 834-2889, go online i untington eat Department,, who can be reached at (714) 536- http-1/www oc ca goy/recorder or contact yc 6271 local newspaper office Special Permits— required by the Police Di: 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 juires 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 coin arcs 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 ►ners, 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 ' Seller's Permit (Resale #) - required by t rovalroval by the City Planning and Building State Board of Equalization if you s ppen# 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' $3 00 each www boo ca gay 5 52 2 $2 00 each Business License These include but are not /11. Heatth Permit — required for food handlir ided to Additional vehicles tinder 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 er ing Contact nta t 4 C Environmental Health location Over 3 tons $46 00 each ( ) Persons who have a home office or use their 433-6000 Horne-based businesses are required to pay a one- A' Federal Tax ID # -- required if you ha home as the headquarters of their business tune fee of$2 00 for a Home Occupation Permit, in employees, are incorporated, or have addition to their license registered partnership Call (800) 829-1040 Businesses, which are located outside the city, visit www irs gov but transact business in the city such as Some business licenses are calculated differently y contractors, cleaners, repair people, gardenia (apartment rental, hotels, carnivals, special events, ' Worker's Compensation ion Insurance p p p g vending machines, out of town contractors, 01 required i# you have employees Contact yc services,fumigators, telemarketers etc g pa local insurance agent, state fund or vi halls) Call(714)536-5267 for these licenses Independent contractors such as doctors, whew dir ca govlworkers' comp h#rill real estate brokers, hairdressers, Janitorial A Liquor License — required by the State De contractors, and home party demonstrators NO MWIMMIM- - • ■ ■ « of Alcoholic Beverage Control if you sell Apartment owners of three or more units A business license may be issued at Cit Hall ile serve alcohol Contact (714) 558-4101 or vi Mobile Vendors who sell merchandise from oy u wait Your app i e complete and abc ca ov -their vehicles, such as gourmet food trucks and include all necessary documents You may need /.P Conditional Use Permit -w required by t ice cream trucks to bring the following Seller's Permit showing a Planning and Building Dept , for sor _Temporary businesses such as a one-day or Huntington Beach location, Health Permit, businesses such as live entertainment, dan weekend event in the city, or a short-term Certificate of Occupancy or receipt Your schools, internet cafes, or alcohol sales C seasonal business application may also be mailed to City Hall Be sure (714) 536-5271 How to Obtain a hat if I Don't Obtain a License's �# Hove To Do Business in the City of Huntington WOOL )nducting business-in the city-without a'•license - -$each --a-guide=-td- Economic-Development - urines 'Licenses n result in penalties, Notices of Violations, and hunbnatonbeachca gov/aeoartments/ED lministrative Citations i It is a misdemeanor to ilate'the City Business License ordinances 1Nl i untingt8n Beach Small Business 'Assistance Center located at the Huntington Beach >t,Need to Display My Business License? Chamber of Commerce 2134 Main Street • Is, all business licenses must be posted in public, #100, Huntington Beach(714)536-8888 ti#�'1 � 1�� ac :w at the fixed location of the business, For '11 U S Small Business Administration provides T ------_�-- �se businesses without a fixed location, the _ ,__-_____' ._ _. _ y �_� - --;ponsible-party=must carry-the-business license y"=--` I 'financial assistance f programs;^ guide to ; , resources and workshops ! (714) 550-7420 or , th therh while conducting business in Huntington sba' ov' i S'C O R E, Service Corps of 'Rebred >w Often Do I Need to Renew lit? l Executives Workshops and 'counselors for iciness licenses are renewed annually A small businesses Call (714) 550-7369 or visit urtesy notice Wmailed 3 weeks before the dub ww score°l14'org to However, you are responsible for renewing ur license whether or not the renewal notice is Evil 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 aov arged Notices of Violation and Administrative dNl Small Business Corner - helpful information tations may also be issued about taxes from the IRS , www irs clov m'Moving,to a New Location In the City. 1 Small Business Development Center - City ;[}f H Llntl llgtC]n Beach ease -notify us of your new address, phone provides ;help to small businesses through ' I rnber,•and!any other changes;to your business -on-1. co tinseling, iworksh ps;and education j � �u Business i License l i` ter compliance with any applicable' city I' ';, eminars i,Calli, 171I4}{; 64i5200 i;,Pr ivisit'I �uirements, 'your business license may be ,�V w ocsbdc cons' C �' 2000 Main Street insferred to the new location for a small fee If } '� u are moving to a nevi commercial location, you 4 _ Ist Floor I need to 'apply for a new Certificate bf , @ F @ :cupancy Better Business`Bureau i (714) 985-8915 i U nil ngon Beach r hat if II Stop Doing Business or Move Away? Budding Permits (714)5 CA 92648 36-5241 i' t us know in writing if you want your license Chamber of Commerce (714)536-8888 ncelled No refunds are given when the Community Services Dept (714)536-5486 Phone: (714) 536-5267 sine's ceases Consumer AffairsDept'' (800)952-5210 ' _'!Fax: (71'4) 536--5934 in I Transfer My License to Someone Else? Contractors State License Board (800)321-2752 isiness Licenses are not transferable from one ' finer to another he,new owner must apply for a Employment Development Dept (888)7 ; 45-3886 ; Hours 8.00 am - 5:00 pm srness license iin theirs Warne' ,< i Fran��iise Taz Board. i ;' ;i i; (800)852-5711 , ., Monday to Friday ,E Ifere Do I Find You? ' Office of Secretary of State ' (916)853-3794' www.huntingtonbeachca cloy e are located at 2000 Main St on `the corner of SignPermits (714) 536-5271,1 irktown and Main, in the Civic Center on the 1st State Compensation Ins Fund (714) 565-5000 business.license0surfcity-hb orq car Enter the main Administration Building and L _ low the signs to the Business License counter Zoning Department ;' (714}536-5271 I' It - - _ ---- - ; I � I Y c ' 1 i Y __----- EXHIBIT-NO 119 - - - - - _ I , City of Huntington Beach,California-Permrt Center-Certificate of Occu http//www huntingtonbeachca.gov/govermnetWdepartrnents/buildm&-safe NQm I WMt tD,. R04dwts OuvamW Bwinm Visits AboutR grai�ng� fctty hgx{st�gq�rrsrent>¢ tnreritsi i��ctEt safeiy.>pExtrwtc�iter - E General Info NOW S-Uslnesses and Certif#cats of OrxqliancY Share a mgt�u its -Parrad Cepter information Didyou know'? Permt Appiicaiion�orim �What is a Cenfflm tad rant} n to gel rg qn the cararki reed 9a �, to gel i�tYif the u;.a9 rrplor Psrrdtrwtde. Shv needsa GertiSSea#a pit cc u t �� odh 14aeatthe ata*cvarent � ; Nawausriess&Ceti xif andffzpa�w of 4In W.-Mht fkauparuy �WF1yda18��MifiCfdtBottD��y? t way-fottree�-rf+j�ingor+e I _ fbft BuilWGui{e d�Use,CDiur Pre C 'aiconccupancylr ec arr cgtatnjstkltSttgdo*convitaoceR lb IL &thesero n% --Fax perm-ser*es avoktunowp ftd oostsFeeCabulator J, of tic y? } InspectionSOA�cq� it What ii tijeC��nufa�er3ltic � rtoyY Plan ftvlew _ t+uhat cfi3 the i e r rd i�r�cy tus i? I' Forms A Appkatigns --- ------ q:mat is a oeltmoato or t)aeupw A:A Certificate of Occupancy(art Cof0),is certificata issued by the 8%4kgng $edirm& aretr Main,A1 �af Depattiront whirh eibm o n y or we aP$�uitfi r�orstnct�e orpardon thereof Fax. 01aI 374 16a7 l�s�cfu tap Walk,-O Hoag' Q:Who needs a C006c of Qocupacrsy? - _ K%V0UD pi' fCkk-112,boQ N to 1 W p 4*) II ,� All txiernessesopt�rattrt�wttt�n 1-�trttingtoft I3eaclt city�natts`-ttYgar±�ss rfyou ara �� , ptanniriq to occupy an existing bu tdrng grtuifdtrraw'5Or4ructOn t Q: Why do I need a Cea ficakte of O ancy? i s to-tofs A: It ptotectikYO t4tta business owner. Mtxrddings are Uiit to state code specification. Wt-inspectyopr building pursWnitto those codes.to enstae your safety; the safety ofyowemployees and the safety Of those who vfslt yourfatillty I� Q; Use Our Aire Cer fgaite of Occupancy tnspectiiam Frovorn bae*to top, (Wilding Code Camplia Roport)to avoid une)tpectedcosts - " - his y -- E A: Applying fora BuTdiing Code Gompbame fteportisa pmacttve approachto identify and correct any Poviible,deficiencies before a new owner-ort,natffis involved. Cost -- for this service coirtofdeis with the Ceitrticaate of occupancy fees(basedOrf the type of dccupancyl as shown ln-the This process tilmnates urieVorbad costs for-code corrections We will research the approved piam-and permit history fora Specific address G perform an inspeotion and-give the applicant a dettltod report on the inspection fir4ru is By using - this 6 cess it can be determined ifsignificant abrations have occurred without perrivts, Exangrtes of comajon problems acre � Ngrip�'mite#.tr�zsrone5ini7enufNottrt�gDiw2t+eftause& �Notrpei?rittetSienmtlttr;srovsmetrtwark�r`afiio�bta7dtr�{edt5lwnofaddffron3tairtGe8p�e3 Expired building amdlbrassosiated per"$Where,the work was installed ' 1 i-Mechanical,electricalandplurnbmg work thatrequires perrrotsand rMings it lo Fxitingout of buildings per occupancy classification Percent buddkW or unds use an dlor occupancy type Xon-pemxttedetectrwatthangesto the seryice crsub-panels anddisirilwtion t 0 Changes in Occupancy Ctassirnations Q•Steps to Acquire a Certificate of Occupancy? barlt to top I 1 of 3 (j 4/13/2015 1 24 PM q City of Huntington Beach,California-Pernut Center-Certificate of Occu http//www huntingtonbeachea gov/governtnent/departnients/btiilding_safe Rome, I Went to- Residents Ommimt fsium Visjuim Sav �'_ AbW HBi Location Occupying an Occupying NewConstructTon Fxi5sA"S Wilding or needs New Tenant- €- Improvement Step ist floor, - An appllcarittnust 1 Business have or apply for a An applicant nit have or apply i License outrent-Clay of- -fora current Clay of Hunungtort i _ liuntivon Beach Beach Business LieeMa. Business License. - Step _F_ Submt ft foibwlrr - € - 2 ;Rd Floor. V 2 sdts_ofsvet(arrgiirai)stoe*d- l I ptanning fiarl�ib SulhzrWt an t m KVna'i�C4urltk --— - —- -- -- --- - - - - Coiner farrevsevp p3an ct,eck sul tai _ -- -- - -- application fcrra i st ----- I --- of � C3FCuRarli l- Obtain t` Apoa aiico Iota C iaate riF— - '30-pww 11`uaeplansam 'ZoningClearanc� _ tcs m�it6te*iid1n00rdon$ Vrtith i�r t�re4�tetr�lits;� �' _ , Plann�7gDePsd�ntveiilstgrk �� the plagsutxesifaiapguat{di Step 2rd Flook - App cation F4evleVe�sV Plans wry be review lot s cruet al j�} 3 Buli�iiig regwrerrierris eucrer>;ly,,plan p CAUJIttir ocessingancl cfieckls'r~unnlrt approximately payment of fees _- _ Step 3rd Floor, -- Once l e plans Tmet state coda- - 4 Bultdi'Mg requirements,fees are collected i counter and abuiildingperMtislssued. _ — - Step t Automated - 5 Inspection O Site,Inspecton on sft lospebtoft Line - --�—--- - Step 1st-floori Final Approval of -- — — - - B business Final ;_ - AppOcatlott - Lic ensw Step ( Mailedta ^Certificate of Oopupanoy wig be - - 7 you Certificate of mailed to you upon eoftpletlon of_ - Occupancy all construction&fgnalinspection --_ approval Rt What is the Cost of iCeriifrcateaf Occupancy? $aCk to -1-- A:Fens are based on the Occupancy Type Please see the a+tachedcee Schedule, -— - - - - -� —-There is no additional cost far a Certificate afixcupancy which is part of currently - - penk ted Carratrtcctiort at ttie saffie loaabM however,If a temporary Cer#fic-Ale of Occupancy should be needed pnor to full con*ftn of consINQOon,approval must be - -- obtained from the lnspectlon Managerand a fes must be paid prior to fbe issuance of _ temporary Ger5ficate,of Ortupanoy. Q*What do we look for during a CerfifiCa{e of Occupancy Buck to Inspection? i A-A Certificate of Occupancy inspection is required for all new businesses aril for - tenantitrprovemerds to existirebuadirigs For nwre specific infonnation see Certificate__ -of Occupancy inspectipris, - FpnRs baCk to tcrl3 I'2 of 3 4/13/2015 1 24 PM �' City of Huntington Beach,Califorma-Permrt Center=Certificate of Occu.. http//www.hunhngtonbeachca gov/g i1vernmeut/departments/bwldmg_safe RQ` e I wot toe Rt s ttS Govemmw &4n --Nish _-Se rvims !i __ ,b-RB I• � - if � Il € - I ho" resWams I visA©rs t bt-nesp govgrnrntrnt sermes gate tip(term of alvrivacy rasrA ootdapt ml i5r46nGDn&AO GAY w� { 2000 Main Street HutikWon Beach,Cafttnia�2 ---- --- II - opyri�t 2w i5 Cdy ai f mb gtYsci Brash.Afi rat s ressrvork i_ - Uyf My LZA is a re&tarsd trademark of tae Huffirigtori Soch Markatirg Arid Vh ors SWaal p - - - I ' rr a 3 of3 4/13/2015 124 PM _I I� - #r _ II - 4 - I - _ - - - - -- -- -- I ' i� t _ �I 6 r - I - II - I I� I _ I I I� " Ipi _I t I L II I I - f I i EXHIBIT NO. 20 I i I I ` Mar. 4. 2015 4:59PM Cog ATTORNEY No. 1692 P. 7 CfrY OF EftNMGTON BEACH lH;t�tv¢�arm OMC i'OP THE i Pasl PAlnsaadra AsAmwacyAtmmey CITY ATTOWiFY A Neal Moore rk-RON m s-DVW CASAaeraty Mithsel F. Gam ZDOAMill 5treo JoIniFvJH Iffuh is vo0 wac1s,ca fomb 92&9 Sr nvuy C#Aw" city AttQ=y Trlep%,= (714)5364554 nWol IT,pkl F�++� t7I4)374.1s9d lkpuprc�Aaaoey VIA MWA M to c� LMJAW cam Marti 4,VIS - G5ri as T.-Pcirio,Est1- Peiamo&Assoeiat m Inc. 16669 Main StmOt State 350 Santa.Ana,CA 92701 Re: City of Lywayngrom Beach v Daniel Ga7leld Richmond OCSC No.745511 Dear Mr.Peinmo: This win eoafilm our conversation today coneeming the sm-king of the allegations Contained in Paragraph 12 of the compUnt. Such aftations come mi3t kc;Iy included. As such,I havo agreed to Scree tltase A&Pfi is from the oomplain3. Tb mtc you for yowr comusy on this issue. Very truly yu > D Deputy City Attnm 1443=19120-doo i i, i� i i li 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 L- - 6 I _ 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA i 9 COUNTY OF ORANGE,CENTRAL JUSTICE CENTER _ jt 20 I CITY OF HUNTINGTON BEACH AND ) CASE NO. 30-2014-00745511-CU-MC-CJC 21 PEOPLE OF THE STATE OF CALIFORNIA, ) DECLARATION OF JIM SLOBOJAN IN 72 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 Jim,Slobojan 20 ) 7 Declaration of Darnel K Ohl _ 8 [Proposed Order] 21 - 22 ) DATE: January 14, 2015 TIME 1 30 p in. 23 )- DEPT. C-10 ) JUDGE Honorable Lifi da S Marks 24 ) 25 1,Jim S1obojan, declare. C 26 I am a competent adult over the age of 18 and have personal knowledge of the following 27 facts which I could and would testify to if called as a witness I make this declaration in support 28 14-4302/115578 1 DECLARATION OF JIM SLOBOJAN IN SUPPORT OF PLAINTIFF'S EX PARTE ; APPLICATION FOR ORDER TO SHOW CAUSE RE PR_E_L_IMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER I JI _ 1 of Plaintiff s Ex Parte Application for Temporary Restraining Order anOrder to Show Cause re 2 Preliminary Injunction. - 3 lam 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 nave 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 _ 8 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,tha 12 wishes to conduct business within the City must obtain a business tax certificate by filling out an (' 13 application and paying a required fee A business may not operate in anyhmarner 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 apple atiori on file at the City, _ 1 r -16 organized by number,and I am able to search our database by address 17 I have personally searched the City's records for the property located at 17416 Beach ; 18 Blvd, in the City of Huntington Beach and the business known as Huntington Beach Care Givers i, i 9- 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 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 1 25 independently verify their non-profit status through the use of www nidestar org Unless 26 properly verified, the City would not issue a non-profit business license 27 - C 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 _ I p 1 -I searched the www uidestar or site to verify a no - g g fy an roved pp n profit status for � 2 Huntington Beach Care Givers No such business was listed as a non-profit status_ - 3 I - 4 I declare under penalty of penury under the laws of the State of California that the ; 5 foregoing is true and correct d 6 Executed this L_day of a ,2015 at Huntington Beach, California = - ---- 8 Jiff- oJ an= g10 1' 11 = - 12 --- -- - - n-- - - 13 ' 14 � I - -16 17 l 18 H - -19 20 21 _ - --- - -- -22 -- i 23 _24_ _ - 25 1' 26 27 - 28 14-4302/115578 3 -_ DECLARATION OF JIM SLOBOJAN IN SUPPORT OF PLAINTIFF'S-EX PARTE APPLICATION FOR ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER I - I I i It - l G -- - PROOF OF SERVICE OF PAPERS 2 STATE OF CALIFORNIA ) - ) ss 3 COUNTY OF ORANGE ) I am employed m the County of Orange, State of California I am over the age of 18 and 5 6 not a party to the within action,my business address is 2600 Main Street, Huntington Beach, CA 92648 _ - ' On 1 ��/S , I served the foregoing documents) described as 8 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 Ci 12 - Huntington Beach Care Givers BY HAND DELIVERY 13 17416 Beach Blvd Huntington Beach, CA 92649 14 (714) 475-5502 15 Cristian Peirano,Esq VIA email to clp@peiran I law 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 e State of California that the 20 foregoing is true and correct Il 21 Executed on_� at Huntington Beach,California r ' 22 Joan Naideth r 23 I 24 - --- 25 II 26 27 14-4302/115569 28 � - DECLARATION OF JIM SLOBOJAN IN SUPPORT OF PLAINTIFF'S EX PARTS APPLICATION FOR ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER � j t �b I e — k I k I ' it I' EXHIBIT NO. 22 1 1 I� II I� 1 lip , I� t 1 I' l EXHIBIT NO. 23 1 i It i L - 1 I Ir r 1, II I — I b I � t I 1� I II It — p 'll — _ I' I II i h, - i II I , I EXHIBIT NO. 24 -I I t I I p I - I 1 I. SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY OF ORANGE, CENTRAL JUSTICE CENTER II � CITY OF HUNTINGTON BEACH AND ) - :- PEOPLE OF THE STATE OF CALIFORNIA, ) jl Plaintiffs, ) Vs. ) Case No. 30-2014 OO745511— DANIEL GARFIELD RICHMOND, ) CU—MC—CJC HUNTINGTON BEACH CARE GIVERS;- ) __ AND DOES 1 THROUGH 50, INCLUSIVE, ) Defendants. ) - i i _ T I II DEPOSITION OF ALBERT BRADY, JR. f Santa Ana, California i Thursday, February 26, 2015 - - I Q Okay So they coordinated an inspection r -- P 18 A Yes -e i 19 _Q- Okay. So you get out there These two �- - - 20 gentlemen are there 21 What-- what's the situation? I 22 -A They enter the business. I follow them. They 'r 23 explain to the gal behind the plexiglass in the lobby it 24 that they were to do an inspection She excuses herself 25 for a moment, comes back within a minute,allows us -- i I I 62 ' i i - I- i i i I - I� I ' �t t 1 entry into the building. -� - I - I 2 Q Okay So you go in - I - 3 And what happens? i u 4 A. They are looking for any possible building S violations and Fire Code violations. As they were doing I, 6 that, I was assisting, and I noticed that the marijuana I, I _ 7 merchandise was still there in the glass containers with - -- Ir it 8 price menu board on the wall there i i 9 Q Okay. Now, if the fire department finds a it 10 violation, do they call the code enforcement department _ P I' i �f i c 11 to handout the citation,if one is necessary, or do u 12 they handout citations? Do you know? I F 13 A They don't have us hand out citation_ s They do i i 14 their own paperwork i i i 15 Q Okay Really Okay Interesting. E -- 16 Did -- do you know if they handed out a h I 17 citation on that day? I 18 A No I` N I ; 19 Q. No,you don't know, or no, they did not? h b 20 A They did not I G i