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HomeMy WebLinkAboutFile 2 of 2 - Zoning Text Amendment 03-02 - Permit Streamlin ORDINANCE NO. 3669 AN ORDINANCE OF THE CITY OF _ ACH AMENDING CHAPTER 204 OF THE HUtiTTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED USE CLASSIFICATIONS The CityCouricil of the City of Huntington ,Beach does hereby ordain as follows: SECTION 1. Chapter 204 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: Chapter 204 Use Classifications R Sections: 204.02 Applicability 204.04 Uses Not Classified 204.06 Residential Use Classifications 204.08 Public and Semipublic Use Classifications 204.10 Commercial Use Classifications 204.12 Industrial Use Classifications 204.14 Accessory Use Classifications 204.16 Temporary Use Classifications 204:02 Applicability. Use classifications describe one or more uses having similar characteristics, but do not list every use or activity that may appropriately be within the classification. The Director shall determine whether a specific use shall be deemed to be within one or more use classifications or not within any classification in this Title. The Director may determine that a specific use shall not be deemed to be within a classification, if its characteristics are substantially different than those typical of uses named within the classification. The Director's decision may be appealed to the Planning Commission. 204.04 Uses Not Classified Any new use, or any use that cannot be clearly determined to be in an existing use classification, may be incorporated into the zoning provisions by a Zoning and Subdivision Ordinance text amendment, as provided in Chapter 247. ,Such an incorporation shall not be effective:unless_certified by the Coastal Commission as a Local Coastal.Program amendment. 204.06 Residential Use Classifications A. Dqy Care, Limited (or Small-Family). Non-medical care and supervision of six s or fewer persons, or eight or fewer persons if two of the persons are six years of age or older, on a less than 24-hour basis. Children under the age of 10 years who reside in the home shall be counted for purposes of these limits. This classification includes nursery schools, preschools, and day-care centers for children and adults. B. Group Residential. Shared living quarters«ithout separate kitchen or bathroom facilities for each room or unit. This classification includes boarding houses, but excludes residential hotels or motels. ord/04zonin /Chap204/3/23/04 I C. Multifamily Residential. Two or more dwelling units on a site. This classification includes manufactured homes. D. Residential Alcohol Recovery, Limited. Twenty-four-hour care for no more than six persons suffering from alcohol problems in need of personal services, supervision, protection or assistance. This classification includes only those facilities licensed by the State of California. E. Residential Care, Limited. Twenty-four-hour non-medical care for 6 or fewer persons in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living. This classification includes only those services and facilities licensed by the State of California. F. Single-Family Residential. Buildings containing one dwelling unit located on a single lot. This classification includes manufactured homes. 204.08 Public and Semipublic Use Classifications A. Cemetery. Land used or intended to be used for the burial of human remains and dedicated for cemetery purposes. Cemetery purposes include columbariums, crematoriums, mausoleums, and mortuaries operated in conjunction with the cemetery, business and administrative offices, chapels, flower shops, and necessary maintenance facilities. B. Clubs and Lodges. Meeting, recreational, or social facilities of a private or nonprofit organization primarily for use by members or.guests.:This. classification includes union halls, social clubs and youth centers. C. Community and Human Service Facilities. 1. Drug Abuse Centers. Facilities offering drop-in services for persons suffering from drug abuse, including treatment and counseling without provision for on-site residence or confinement. 2. Primary Health Care. Medical services, including clinics, counseling and referral services, to persons afflicted with bodily or mental disease or injury without provision for on-site residence or confinement. 3. Emergency Kitchens. Establishments offering food for the "homeless" and others in need. 4. Emergency Shelters. Establishments offering food and shelter programs for "homeless" people and others in need. This classification does not include facilities licensed for residential care, as defined by the State of California, which provide supervision of daily activities. s 5. Residential Alcohol Recovery, General. Facilities providing 24-hour care for more than six persons suffering from alcohol problems, in need of personal services, supervision, protection or assistance. These facilities may include an inebriate reception center as well as facilities for treatment,training, research, and administrative services for program participants and employees. This classification includes only those facilities licensed by the State of California. ord/04zoninJChap204/8/23/04 2 6. Residential Care, General. Twenty-four-hour non-medical care for seven or more persons, including wards of the juvenile court, in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living. This classification includes only those facilities licensed by the State of California. D. Convalescent Facilities. Establishments providing care.on a 24-hour basis for persons requiring regular medical attention,but excluding facilities providing surgical or emergency medical services: E. Cultural Institutions. Nonprofit institutions displaying or preserving objects of interest in one or more of the arts or sciences. This classification includes libraries, museums, and art galleries. F. Day Care, Large-Family. Non-medical care and supervision for 7 to 12 persons, or up to 14 persons if two of the persons are six years of age or older on a less than 24-hour basis. Children under the age of 10 years who reside in the home shall be counted for purposes of these limits. G. Day Care, General. Non-medical care for 13 or more persons on a less than 24-hour basis. This classification includes nursery schools,preschools, and day-care centers for children or adults. H. Emergency Health Care. Facilities providing emergency medical service with no provision for continuing care on an inpatient basis. I. Government Offices. Administrative, clerical, or public contact offices of a government agency, including postal facilities, together with incidental storage and maintenance of vehicles: J. Heliports. Pads and facilities enabling takeoffs and landings by helicopter. K. Hospitals. Facilities providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons, primarily on an inpatient basis. This classification includes incidental facilities for out-patient treatment, as well as training, research, and administrative services for patients and employees. L. Maintenance and Service Facilities. Facilities providing maintenance and repair services for vehicles and equipment, and materials storage areas. This classification includes corporation yards, equipment service centers, and similar facilities. M. Marinas. A boat basin with docks, mooring facilities, supplies and equipment for small boats. N. Park and Recreation Facilities. Noncommercial parks, playgrounds, recreation facilities, and open spaces. O. Public Safety Facilities. Facilities for public safety and emergency services, including police and fire protection. P. Religious Assembly. Facilities for religious worship and incidental religious education, but not including private schools as defined in this section. Q. Schools, Public or Private. Educational institutions having a curriculum comparable to that required in the public schools of the State of California. R. Utilities, Major. Generating plants, electrical substations, above-ground electrical transmission lines, switching buildings, refuse collection, transfer, recycling or disposal facilities, flood control or drainage facilities, water or ord/04zoning/Chap204/9/13/04 3 wastewater treatment plants, transportation or communications utilities, and similar facilities of public agencies or public utilities. S. Utilities, Minor. Utility facilities that are necessary to support legally established uses and involve only minor structures such as electrical distribution lines, underground water and sewer.lines, and recycling and collection containers. 204.10 Commercial Use Classifications A. Ambulance Services. Provision of emergency medical care or transportation, including incidental storage and maintenance of vehicles as regulated by Chapter 5.20. B. Animal Sales and Services. 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. Y. 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 a practicing one of the fine arts or performing arts, or skilled in an applied art or craft. D. Banks and Savings and Loans. Financial institutions that provide retail banking services to individuals and businesses. This classification includes only those institutions engaged in the on-site circulation of cash money. It also includes businesses offering check-cashing facilities. 1. With Drive-up Service. Institutions providing services accessible to persons who remain in their automobiles. ord/04zoninaKhap204/8/23/04 4 E. Building Materials and Services. Retailing, wholesaling, or rental of building supplies or equipment. This classification includes lumber yards, tool and equipment sales or rental establishments, and building contractors' yards, but excludes establishments devoted exclusively to retail sales of paint and hardware, and activities classified under Vehicle/Equipment Sales and Services. F. Catering Services. Preparation and delivery of food and beverages for off- site consumption without provision for on-site pickup or consumption. (See also Eating and Drinking Establishments.) G. Commercial Filming. Commercial motion picture or video photography at the same location more than six days per quarter of a calendar year. (See also Chapter 5.54, Commercial Photography) H. Commercial Recreation and Entertainment. Provision of participant or spectator recreation or entertainment. This classification includes theaters, sports stadiums and arenas, amusement parks, bowling alleys, billiard parlors and poolrooms as regulated by Chapter 9.32; dance halls as regulated by Chapter 5.28; ice/roller skating rinks, golf courses, miniature golf courses, scale-model courses, shooting galleries, tennis/racquetball courts, health/fitness clubs, pinball arcades or electronic games centers, cyber cafe having more than 4 coin-operated game machines as regulated by Chapter 9.28; card rooms as regulated by Chapter 9.24; and fortune telling as regulated by Chapter 5.72. 1. Limited. Indoor movie theaters,game centers and performing arts theaters and health/fitness clubs occupying less than 2,500 square feet. 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. (3334-6/97,3378-2/98,3568-9/02)) J. Eating and Drinking Establishments. Businesses serving prepared food or beverages for consumption on or off the premises. 1. With Fast-Food or Take-Out Service. Establishments where patrons. order and pay for their food at a.counter or window.before it is consumed and may either pick up or be served such food at a table or take it off-site for consumption. a. Drive-through. Service from a building to persons in vehicles,. through an outdoor service window. b. Limited. Establishments that do not serve persons in vehicles or at a table. 2. With Live Entertainment/Dancing. An eating or drinking establishment where dancing and/or live entertainment is allowed. This classification includes nightclubs subject to the requirements of Chapter 5.44 of the Municipal Code. ord/04zonin;/Chap204/8/23/04 5 K. Food and Beverage Sales. Retail sales of food and beverages for off-site preparation and consumption. Typical uses include groceries, liquor stores, or delicatessens. Establishments at which 20 percent or more of the transactions are sales of prepared food for on-site or take-out consumption shall be classified as Catering Services or Eating and Drinking Establishments. 1. With Alcoholic Bevera e� Sales. Establishments where more than 10 percent of the floor area is devoted to sales, display and storage of alcoholic beverages. L. Food Processing. Establishments primarily engaged in the manufacturing or processing of food or beverages for human consumption and wholesale distribution. 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. 0. 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.Indust P. Maintenance and Repair Services. Establishments providing appliance repair, office machine repair, or building maintenance services. This classification excludes maintenance and repair of vehicles or boats; see (Vehicle/Equipment Repair). Q. Marine Sales and Services. Establishments providing supplies and equipment for shipping or related services or pleasure boating. Typical uses include chandleries,yacht brokerage and sales, boat yards, boat docks, and sail-making lofts. R. Nurseries. Establishments in which all merchandise other than plants is kept within an enclosed building or a fully screened enclosure, and fertilizer of any type is stored and sold in package form only. . S. Offices, Business and Professional. Offices of firms or organizations providing professional, executive,management, or administrative services, such as architectural, engineering, graphic design, interior design, real estate, insurance, investment, legal, veterinary, and medical/dental offices. This classification includes medical/dental laboratories incidental to an office use, but excludes banks and savings and loan associations. T. Pawn Shops. Establishments engaged in the buying or selling of new or secondhand merchandise and offering loans secured by personal property and subject to Chapter 5.36 of the Municipal Code. U. Personal Enrichment Services. Provision of instructional services or facilities, including photography, fine arts, crafts, dance or music studios, driving schools, business and trade schools, and diet centers, reducing ord/04zoninJChap204/8/23/04 6 salons, fitness studios, yoga or martial arts studios, and massage in conjunction with Personal Services business. V. Personal Services. Provision of recurrently needed services of a personal nature. This classification includes barber and beauty shops, seamstresses, tailors, shoe repair shops, dry-cleaning businesses (excluding large-scale bulk cleaning plants), photo-copying, and self-service laundries. W. Research and Development Services. Establishments primarily engaged in industrial or scientific research, including limited product testing. This classification includes electron research firms or pharmaceutical research laboratories, but excludes manufacturing, except of prototypes, or medical testing and analysis. X. Retail Sales. The retail sale of merchandise not specifically listed under another use classification. This classification includes department stores, drug stores, clothing stores, and furniture stores, and businesses retailing the following goods: toys, hobby materials, handcrafted items,jewelry, cameras, photographic supplies, medical supplies and equipment, electronic . equipment, records, sporting goods, surfing boards and equipment, kitchen utensils, hardware, appliances, antiques, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive parts and accessories (excluding service and installation). Y. Secondhand Appliances and Clothing ales. The retail sale of used appliances and clothing by secondhand dealers who are subject to Chapter 5.36. This classification excludes antique shops primarily engaged in the sale of used furniture and accessories other than appliances,but includes junk shops. Z. Sex Oriented Businesses. Establishments as regulated by Chapter 5.70;' baths, sauna baths and massage establishments, as regulated by Chapter 5.24; and figure model studios as regulated by Chapter 5.60. AA. Swap Meets, Indoor/Flea Markets. An occasional, periodic or regularly scheduled market held within a building where groups of individual vendors offer goods for sale to the public. BB. 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. CC. Tattoo Establishment. Premises used for the business of marking or coloring the skin with tattoos as regulated by Chapter 8.70. DD. Travel Services. Establishments providing travel information and reservations to individuals and businesses. This classification excludes car rental agencies. EE. Vehicle/Equipment Sales and Services. 1. Automobile Rentals. Rental of automobiles, including storage and incidental maintenance, but excluding maintenance requiring pneumatic lifts. ord/04zoninJChap204/8/23/04 7 2. Automobile Washing. Washing, waxing, or cleaning of automobiles or similar light vehicles. 3. Commercial Parking Facility. Lots offering short-term or long-term parking to the public for a fee. 4. Service Stations. Establishments engaged in the retail sale of.gas; diesel fuel; lubricants,parts, and accessories. This classification includes incidental maintenance and minor repair of motor vehicles, but excluding body and fender work or major repair of automobiles, motorcycles, light and heavy trucks or other vehicles. 5. Vehicle/Equipment Repair. Repair of automobiles, trucks, motorcycles, mobile homes, recreational vehicles, or boats, including the sale, installation, and servicing of related equipment and parts. This classification includes auto repair shops, body and fender shops, transmission shops, wheel and brake shops, and tire sales and installation, but excludes vehicle dismantling or salvage and tire retreading or recapping. a. Limited. Light repair and sale of goods and services for vehicles, including brakes, muffler, tire shops, oil and lube, and accessory uses, but excluding body and fender shops, upholstery, painting, and rebuilding or reconditioning of vehicles. 6. Vehicle/Equipment Sales and Rentals. Sale or rental.of automobiles, motorcycles,trucks,tractors, construction or agricultural equipment, manufactured homes, boats, and similar equipment, including storage and incidental maintenance. 7. Vehicle Storage. Storage of operative or inoperative vehicles. This classification includes storage of parking tow-aways, impound yards, and storage lots for automobiles, trucks, buses and recreational vehicles, but does not include vehicle dismantling. FF. Visitor Accommodations. l. Bed and Breakfast Inns. Establishments offering lodging on a less than weekly basis in a converted single-family or multi-family dwelling or aebuilding 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 percent of guest units, and "suite" hotels may have kitchens in all s units. This classification includes eating, drinking, and banquet service associated with the facility. GG. Warehouse and Sales Outlets. Businesses which store large inventories of goods in industrial-style buildings where these goods are not produced on the site but are offered to the public for sale. HH. Quasi Residential ord/04zoning/Chap204/8/23/04 8 1. Residential Hotels. Buildings with 6 or more guest rooms without kitchen facilities in individual rooms, or kitchen facilities for the exclusive use of guests, and which are intended for occupancy on a weekly or monthly basis. 2. Single Room Occupancy. Buildings designed as a residential hotel consisting of a cluster of guest units providing sleeping and living facilities in which sanitary facilities and cooking facilities are provided within each unit; tenancies are weekly or monthly. 3. Time-Share Facilities. A facility in which the purchaser receives the right in perpetuity, for life or for a term of years,to the recurrent exclusive use or occupancy of a lot, parcel, unit or segment of real property, annually or on some other periodic basis for a period of time that has been or will be allocated from the use or occupancy periods into which the plan has been divided. A time-share plan may be coupled with an estate in the real property or it may entail a license or contract and/or membership right of occupancy not coupled with an estate in the real property. 204.12 Industrial Use Classifications A. Industry. Custom. Establishments primarily engaged in on-site production of goods by hand manufacturing involving the use of hand tools and small-scale equipment. 1. Small-scale. Includes mechanical equipment not exceeding 2 horsepower or a single kiln not exceeding 8 kilowatts and the incidental direct sale to consumers of only those goods produced on- site. Typical uses include ceramic studios, candle-making shops, and custom jewelry manufacture. B. Industry, General. Manufacturing of products, primarily from extracted or raw materials, or bulk storage and handling of such products and materials. Uses in this classification typically involve a high incidence of truck or rail traffic, and/or outdoor storage of products, materials, equipment, or bulk fuel. This classification includes chemical manufacture or processing, food processing and packaging, laundry and dry cleaning plants, auto dismantling within an enclosed building, stonework and concrete products manufacture (excluding concrete ready-mix plants), small animal production and processing within an enclosed building, and power generation. C. Industry, Limited. Manufacturing of finished parts or products, primarily from previously prepared materials; and provision of industrial services, both within an enclosed building. This classification includes processing, fabrication, assembly,treatment, and packaging, but excludes basic industrial processing from raw materials and Vehicle/Equipment Services, but does allow food processing for human consumption. D. Industry, Research and Development. Establishments primarily engaged in the research, development, and controlled production of high-technology electronic, industrial or scientific products or commodities for sale, but prohibits uses that may be objectionable in the opinion of the Director, by reason of production of offensive odor, dust, noise,vibration, or in the opinion of the Fire Chief by reason of storage of hazardous materials. Uses ord/04zoningJChap204/8/23/04 9 include aerospace and biotechnology firms, and non-toxic computer component manufacturers. This classification also includes assembly, testing and repair of components, devices, equipment, systems, parts and components such as but not limited to the following: coils, tubes, semi-conductors; communication, navigation, guidance and control equipment; data processing equipment; filing and labeling machinery;glass edging and silvering equipment; graphics and art equipment; metering equipment; optical devices and equipment; photographic equipment; radar, infrared and ultraviolet equipment; radio and television equipment. This classification also includes the manufacture of components, devices, equipment, parts and systems which includes assembly, fabricating, plating and processing, testing and repair, such as but not limited to the following: machine and metal fabricating shops, model and spray painting shops, environmental test, including vibration analysis, cryogenics, and related functions,plating and processing shops, nuclear and radioisotope. This classification also includes research and development laboratories including biochemical and chemical development facilities for national welfare on land, sea, or air; and facilities for film and photography, metallurgy; pharmaceutical, and medical and x-ray research. E. `Vholesaliniz, Distribution and Storage. Storage and distribution facilities without sales to the public on-site or direct public.access except for recycling facilities and public storage in a'small individual space exclusively and directly accessible to a specific tenant. This classification includes mini-warehouses. 204.14 Accessory Use Classifications Accessory Uses and Structures. Uses and structures that are incidental to the principal permitted or conditionally permitted use or structure on a site and are customarily found on the same site. This classification includes detached or attached garages, home occupations, caretakers' units, and dormitory type housing for industrial commercial workers employed on the site, and accessory dwelling units. . 204.16 Temporary Use Classifications A. Animal Shows. Exhibitions:of.domestic or large animals for a maximum of seven days. B. Festivals, Circuses and Carnivals. Provision of games, eating and drinking facilities, live entertainment, animal exhibitions, or similar activities in a tent or other temporary structure for a maximum of seven days. This classification excludes events conducted in a permanent entertainment facility. C. Commercial Filming, Limited. Commercial motion picture or video photography at a specific location six or fewer days per quarter of a calendar year. (See also Chapter 5.54, Commercial Photography) D. Personal Property Sales. Sales of personal property by a resident("garage sales") for a period not to exceed 48 consecutive hours and no more than once every six months. ord/04zonine/chap204/8/23/04 10 E. Real Estate Sales. An office for the marketing, sales, or rental of residential, commercial, or industrial development. This classification includes "model homes." F. Retail Sales, Outdoor. Retail sales of new merchandise on the site of a legally.established retail business fora period not to exceed 96 consecutive hours (four days) no more than once every 3 months. G. Seasonal Sales. Retail sales of seasonal products, including Christmas trees, Halloween pumpkins and strawberries. H. Street Fairs. Provision of games, eating and drinking facilities, live entertainment, or similar activities not requiring the use of roofed structures. I. Trade Fairs. Display and sale of goods or equipment related to a specific trade or industry for a maximum period of five days per year. J. Temporary Event. Those temporary activities located within the coastal zone that do not qualify for an exemption pursuant to Section 245.08. K. Tent Event. Allows for the overflow of religious assembly for a period not to exceed 72 consecutive hours and not more than once every 3 months. SECTION 2. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at.a regular meeting thereof held on the 15TH day of NOVEMBER , 2004. or ATTEST: APPROVED AS TO FORM: City C erk City Attorney U REVIEWED AND APPROVED: INI ED ANDLis AP OVED: COAdministrator Director of Planning s ord/04zonin@/Chap204/8/23/04 I1 Ord. No. 3669 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN, the duly appointed, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 1st day of November, 2004, and was again read to said City Council at a reiular meeting thereof held on the 15th day of November, 2004, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Sullivan, Coerper,Hardy, Green, Boardman, Cook, Winchell NOES: None ABSENT: None ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify.that.a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on November 25,2004. In accordance with the City Charter of said City Joan L. Flynn,City Clerk Od"ity Clerk and ex-offi ' Clerk Deputy City Clerk of the City Council of the City of Huntington Beach, California H. B. INDEPENDENT PUBLISH DATE: 11/25/04 CITY OF HUNTINGTON BEACH LEGAL NOTICE ORDINANCE NO. 3669 Adopted by the City Council on NOVEMBER 15, 2004 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 204 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED USE CLASSIFICATIONS" SYNOPSIS: ZONING TEXT AMENDMENT NO. 03-02 CONSISTS OF A NUMBER OF AMENDMENTS TO THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TO STREAMLINE THE ENTITLEMENT PROCESS. THE ZONING TEXT AMENDMENT CODIFIES EXISTING POLICIES IN ADDITION TO CLARIFYING CERTAIN SECTIONS OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE. THE AMENDMENTS PROVIDE RELIEF TO THE BUSINESS COMMUNITY AND RESIDENTS WHILE ENSURING THAT ISSUES OF NEIGHBORHOOD COMPATIBILITY, AESTHETICS, ETC. STILL RECEIVE ADEQUATE CONSIDERATION. THE REMAINING ORDINANCES IN THE PERMIT STREAMLINING PHASE 2 THAT INCLUDE CHANGES TO 'PROVISIONAL DEVELOPMENT CRITERIA' HAVE BEEN DEFERRED TO THE JANUARY 3, 2005 CITY COUNCIL MEETING. COPIES OF THIS ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held November 15, 2004 by the following roll call vote: AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Winchell NOES: None ABSENT: None This ordinance is effective 30 days after adoption. CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 714-536-5227 JOAN L. FLYNN, CITY CLERK ORDINANCE NO. 3 6 7 3 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 214 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED PS PUBLIC-SEMIPUBLIC DISTRICTS The City Council of the City of Huntington Beach does hereby ordain as fellows: SECTION 1. Chapter 214 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: [C�h4te1214':,,,`­,PS Public7"Semipublic Sections: 214.02 Public-Semipublic District Established 214.04 Applicability 214.06 PS District: Land Use Controls 214.08 PS District: Development Standards 214.10 Review of Plans 214.02 Public-Semipublic District Established The PS Public-Semipublic District is established by this chapter. This district provides areas for large public or semipublic uses. The intent of this district in the coastal zone is to implement the Public, Quasi-Public, and Institutional land use designation of the certified Local Coastal Program Land Use Plan. 214.04 Applicability The PS District shall be the base district for the use classifications listed in Section 214.06 where these have a contiguous site area of 2 acres or more, including alleys, streets, or other rights-of-way. This requirement does not apply to Public-Semipublic use classifications in commercial districts. Public-semipublic use classifications on sites of less than 2 acres shall be subject to the provisions of the base and overlay districts in which they are located. 214.06 PS District: Land Use Controls In the following schedule, letter designations are used as follows: designates use classifications permitted in PS districts. i "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" which follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "TU" designates use classifications allowed on approval of a temporary use permit. ord/04zoningchap 214/9/13/04 1 "P/U" for an accessory use mean that the use is permitted on the site of a permitted use but requires a conditional use permit on the site of a conditional use. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the zoning ordinance. Where letters in parentheses are opposite a use classification heading, referenced . provisions shall,apply.to all use classifications under the heading. Huntington Beach Zoning and Subdivision Ordinance PS DISTRICT: P = Permitted LAND USE CONTROLS L = Limited (see Additional Provisions) PC = Conditional use permit approved by Planning Commission TU = Temporary Use Permit P/U = Requires conditional use permit on site of a conditional use Additional PS Provisions Public and Semipublic Cemetery PC Cultural Institutions PC Day Care, General PC Government Offices L-1 Hospitals PC Maintenance & Service Facilities L-1 Park& Recreation Facilities PC Public Safety Facilities PC Religious Assembly ZA Residential Care, General PC Schools, Public or Private PC Utilities, Major PC Utilities, Minor P Commercial Uses Commercial Parking Facility L-3 Communication Facilities L-4 Eating and Drinking Establishments L-2 Vehicle/Equipment Sales and Services L-1 Accessory Uses. Accessory Uses and Structures . P/U Temporary Uses (A) Animal Shows TU Circuses and Carnivals TU i Commercial Filming, Limited TU Trade Fairs P Nonconforming Uses (B) ord/04zoningchap 214/4/5/04 PS District: Additional Provisions L-1 City-owned facilities are permitted; all other facilities require a conditional use permit from the Zoning Administrator. L-2 Permitted as an accessory use in a cultural, educational, hospital, or medical institution occupying no more than 5,000 square feet, only if there is no separate entrance or sign. L-3 Public parking permitted, but commercial parking facilities on City-owned land require a conditional use permit from the Zoning Administrator. L-4 Only wireless communication facilities permitted subject to Section 230.96 Wireless Communication Facilities. (3568-9/02) (A) See Section 241.20: Temporary Use Permits. (B) See Chapter 236: Nonconforming Uses and Structures. 214.08 PS District: Development Standards The following schedule prescribes development standards for the PS district.- The.first column prescribes basic requirements for permitted and conditional uses in the district. Letters in parentheses in the "Additional Requirements" column refer to standards following the schedule or located elsewhere in the zoning ordinance. In calculating the maximum gross floor area as defined in Chapter 203, the floor area ratio is calculated on the basis of net site area. Fractional numbers shall be rounded down to the nearest whole number. All required setbacks shall be measured from ultimate right-of-way and in accordance with definitions set forth in Chapter 203 Definitions. (Rest of page not used) ord/04zoningchap 214/4/5/04 PS DISTRICT DEVELOPMENT STANDARDS PS Additional Requirements Nonresidential Development (A) Minimum Lot Area 2 ac Minimum Lot Width(ft.) 100 Minimum Setbacks Front(ft.) 10 (B)(C)(M) Side (ft.) 0 (D) Street Side (ft.) 10 (C) Rear(ft.) 0 (D) Maximum Height of Structures (ft.) 50 (D)(E)(N) Maximum Floor Area Ratio (FAR) 1.5 Minimum Site Landscaping (%) 8 (F)(G) Building Design Standards (L)(M) Fences and Walls (H)(I) Off-Street Parking/Loading (J) Outdoor Facilities See Section 230.74 (K) Screening of Mechanical Equipment See Section 230.76 (K) Refuse Storage Areas See Section 230.78 Underground Utilities See Chapter 17.64 Performance Standards See Section 230.82 Nonconforming Structures See Chapter 236 Signs See Chapter 233 PS District: Additional Development Standards (A) See Section 230.62: Building Site Required. (B) See Section 230.68: Building Projections into Yards and Required Open Space. Double- frontage lots shall provide front yards on each frontage. (C) A minimum 50-foot setback is required along Beach Boulevard, Edinger Avenue, and Pacific Coast Highway or 25 foot setback with the setback area entirely landscaped. (D) Along a side or rear property line abutting an R district, a 10-foot setback is required, and structures within 45 feet of the district boundary shall not exceed 18 feet in height. i (E) See Section 230.70: Measurement of Height and Section 230.72: Exceptions to Height Limits. (F) Planting Areas: (1) Required side and rear yards shall be planting areas or shall be enclosed by a solid concrete or masonry wall at least 6 feet in-height. ord/04zonin;chap 214/4/5/04 4 (2) A 10-foot wide landscaped strip shall be provided along all street frontages, except for necessary driveways and walks. (G) See Chapter 232: Landscape Improvements. (H) See Section 230.88: Fencing and Yards. (I) A solid masonry or concrete wall at least 6 feet in height shall adjoin the site of an existing around-floor residential use. However, where the portion of the site within 10 feet of the front property line is occupied by planting area or by a building having no openings except openings opposite a street property line, the Director may grant an exception to this requirement. A wall within 15 feet of a street property line shall not exceed 3.5 feet in height. (J) See Chapter 231: Off-Street Parking and Loading. (K) See Section 230.44 Recycling Operations and Section 230.80: Antennae (L) A front or street side wall surface shall be no longer than 100 feet without a break, a recess or offset measuring at least 20 feet in depth and one-quarter of the building length, or a series of offsets, projections or recesses, at intervals of not more than 40 feet that vary the depth of the building wall by a minimum of 4 feet. The Director may grant exceptions or allow these standards to be modified for exceptional or unique structures subject to Design Review, Chapter 244. (M) . _On frontages adjacent to major or primary arterials at least 40 percent of a building surface may be located at the minimum setback line if additional landscaping is:provided on the site. (N) In the coastal zone, the maximum allowable height of structures shall be reduced as necessary to retain compatibility with the established physical scale of the area and to preserve and enhance public visual resources. 214.10 Review of Plans All applications for new construction and exterior alterations and additions shall be submitted to the Community Development Department for review. Discretionary review shall be required for projects requiring conditional use permits. Design Review shall be required for all projects except temporary uses. A Coastal Development Permit is required for projects in the Coastal Zone unless the project is exempt (see Chapter 245). SECTION 2. This ordinance shall become effective 30 days after its adoption. REST OF PAGE NOT USED ord/04zoninachap 214/9/13/04 5 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 1 5TH day of NOVEMBER , 2004. IF M ATTEST: APPROVED AS TO FORM: City Clerk Cite A orney REVIEWED AND APPROVED: INITIA D AND APPROVED: City Aciministrator Director of Planning ord/04zonin,-chap 2I4/8/30/04 6 Ord. No. 3673 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN, the duly appointed, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 1st day of November, 2004, and was again read to said City Council at a regular meeting thereof held on the,15th day of November, 2004, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Winchell NOES: None ABSENT: None ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on November 25,2004. In accordance with the City Charter of said City Joan L. Flynn, City Clerk ty Clerk and ex-offici Clerk Deputy City Clerk of the City Council of the City of Huntington Beach, California H. B. INDEPENDENT PUBLISH DATE: 11/25/04 CITY OF HUNTINGTON BEACH LEGAL NOTICE ORDINANCE NO. 3673 Adopted by the City Council on NOVEMBER 15, 2004 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 214 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED PS PUBLIC-SEMIPUBLIC DISTRICTS" SYNOPSIS: ZONING TEXT AMENDMENT NO. 03-02 CONSISTS OF A NUMBER OF AMENDMENTS TO THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TO STREAMLINE THE ENTITLEMENT PROCESS. THE ZONING TEXT AMENDMENT CODIFIES EXISTING POLICIES IN ADDITION TO CLARIFYING CERTAIN SECTIONS OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE. THE AMENDMENTS PROVIDE RELIEF TO THE BUSINESS COMMUNITY AND RESIDENTS WHILE ENSURING THAT ISSUES OF NEIGHBORHOOD COMPATIBILITY, AESTHETICS, ETC.STILL RECEIVE ADEQUATE CONSIDERATION. THE REMAINING ORDINANCES IN THE PERMIT STREAMLINING PHASE 2 THAT INCLUDE CHANGES TO `PROVISIONAL DEVELOPMENT CRITERIA' HAVE BEEN DEFERRED TO THE JANUARY 3, 2005 CITY COUNCIL MEETING. COPIES OF THIS ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held November 15, 2004 by the following roll call vote: AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Winchell NOES: None ABSENT: None This ordinance is effective 30 days after adoption. CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 714-536-5227 JOAN L. FLYNN, CITY CLERK ORDINANCE NO. 3675 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 222 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED FP FLOODPLAIN OVERLAY DISTRICT The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Chapter 222 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: Chapter 222 FP Floodplain Overlay.Districf'(=FP1 -FP2;--FP3) Sections: 222.02 Floodplain Overlay District Established 222.04 Zoning Map Designator; Establishment of Hazard Areas 222.06 Definitions 222.08 Methods of Reducing Flood Hazards 222.10 General Provisions 222.12 Land Use Controls . 222.14 Development Standards and Standards of Construction 222.16 Variances/Appeals 222.02 Floodplain Overlay District Established The FP Floodplain Overlay District is established and applies to all areas of special flood hazard within the City. If not controlled, periodic inundation results in loss of life and property, health and safety hazards, disruption of commerce and government services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that.are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss. 222.04 Zoning Map Designators; Establishment of Hazard Areas A. The areas of special flood hazard identified by the Federal Emergency Management Agency(FEMA) in the Flood Insurance Study for the City of Huntington Beach dated August 16, 1982 and delineated on the Flood Insurance Rate Map (FIRM) dated February 16, 1983 (revised September 16, 1989) and the Orange County, County-wide FIRM dated November 3, 1993 and all subsequent revisions and/or ord/04zonin0chap 222/8/23/04 1 amendments are hereby adopted by reference and declared to be a part of this chapter. FEMA's most recent FIRM and flood insurance study (on file with the Director) may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the City Council by the Director. B. Three subdistricts of the FP Overlay-District are designated for purposes of flood hazard provisions. l. -FP 1 Subdistrict shall apply to that area designated as a floodway or right-of-way necessary for implementation of the Santa Ana River Channel Plan by the U.S. Army Corps of Engin.:rs. 2. -FP2 Subdistrict shall apply to FIRLI areas A, AE, AO, and AH and any other area determined by the Director to be subject to similar flood hazards. 3. -FP3 Subdistrict shall apply to FIR`I areas V or VE and any other area determined by the Director to be subject to similar flood hazard. C. The -FP District boundaries shall be delineated on the Zoning Map by adding a "-FP" designator to the base district designator for the area affected, followed by the appropriate subdistrict designation(l.'. or 3). 222.06 Definitions Except where the context clearly indicates otL:rwise, the definitions given in this section shall govern the provisions of this chapter. A. Appeal. A request for review of the Director's interpretation of any provision of this chapter, or a request for a variance. B. Area of shallow flooding. A designa_ed AO or AH zone on the Flood Insurance Rate Map (FIRM)prepared by the Federal Emergency Management Agency (FEMA). The.base flood depths ranee from one to three feet; a clearly-defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. C. Area of special flood hazard. The land in the floodplain within a community subject to a 1 percent or greater chance of flooding in any given year. This area is f designated as Zone A, AO, AH, AE. V.and VE on the FIRM. D. Base flood. A flood having a 1 percent chance of being equaled or exceeded in any given year(also called the 100-year flood). E. Basement. Any area of a building havui ig its floor subgrade on all sides. ord/04zonindchap 22218/23/04 — F. Breakaway wall. Any type of wall, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic, or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without damage to the structural integrity of the building on which it is used or any building to which it might be carried by flood waters. A breakaway wall shall have a safe design loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls must be certified by a California-registered engineer or architect and shall meet the following conditions: I. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and 2. The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of a base flood. G. Coastal high hazard area. The area subject to high velocity waters including, but not limited to, coastal and tidal inundation or tsunamis. The area is designated on a FIRM as Zone V and VE and as -FP3 in this Chapter. H. Development. Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavating, or drilling operations. I. Existing manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities including utilities, final grading or paving of pads and the construction of streets was completed before the effective date of the City's floodplain management regulation. J. Expansion to an existing manufactured home park or subdivision. The preparation of additional manufactured home sites in an existing manufactured home park or subdivision beyond those that had been completed prior to the effective date of the provisions in this chapter. K. Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation of runoff of surface waters from any source; s mudslides; and condition resulting from flood-related erosion. L. Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map. The official maps on which areas of special flood hazard, the risk premium zones and the floodway applicable to the community are delineated. M. Flood Insurance Study. The "Flood Insurance Study for the City of Huntington Beach," prepared by the Federal Insurance Administration (FIA), providing flood ord/04zoninJchap 222/8/23/04 profiles, the Flood Insurance Rate Maps, the Flood Boundary and Floodway Maps and the water surface elevations of the base flood. N. Floodplain. Any land area susceptible to being inundated by water from any source. O. Floodplain management. The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management control. P. Floodplain management regulations. Zoning and subdivision ordinances, building codes, health regulations, special purpose ordinances (such as floodplain, grading and erosion control) and other applications of police power. This term describes federal, state or local regulations in any combination thereof which provide standards for the purpose of preventing and reducing flood damage and loss. Q. Floodproofing. Any combination of structural and nonstructural additions, changes or adjustments to nonresidential structures which reduce or eliminate flood damage to real estate or improved real property, water, and sanitary facilities, structures, and their contents. R. Floodway. The channel of a river or other,watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively, increasing the water surface elevation more than 1 foot. S. Functionally dependent use. A use which cannot perform its intended purposes unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. T. Highest adjacent grade. The highest natural elevation of the ground surface next to the proposed walls of a structure prior to construction. U. Lowest Floor. The lowest floor of the lowest enclosed area(including basement). An unfinished or flood-resistant enclosure,usable solely for the parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this s chapter. V. Mean Sea Level. The National Geodetic Vertical Datum of 1929 or other datum, to which base flood elevations shown on the FIRM are referenced. W. New construction. Structures for which the "start of construction" commenced on or after the effective date of the City's floodplain management control (February 16, 1983). ord/04zoning/chap 222/8/23/04 4 X. Sand dunes. Naturally occurring accumulations of sand in ridges or mounds landward of the beach. Y. Start of construction. The date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings,the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation such as clearing, grading, and filling; or does it include the installation of streets and/or walkways; or does it include excavation for a basement, footings, piers, or foundations of the erection of temporary forms; or does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. Z. Substantial damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to the condition existing before damage would equal or exceed 50 percent of the market value before the damage occurred. AA.Substantial improvement. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before such repair, reconstruction, or improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. This term does not,however, include: (3285-7/95,3334-6/97) 1. Any improvement to a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to ensure safe living conditions; or 2. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places that will not preclude the structure's continued designation. (3265-7/95,3334-6/97) "Market value" of a structure, as used herein, shall_be the replacement cost as determined by its replacement value according to.the valuation figures in use by the Director prior to such repair, reconstruction, or improvement. In the alternative, the applicant may submit a report by a qualified real estate appraiser which indicates the "replacement cost" of the structure. (3285-7/95,3334-6/97) , "Cost" for a repair, reconstruction, or improvement project, as used herein, shall be determined by valuation figures in use by the Director. BB. Variance: A grant of relief from the requirements of this chapter which permits construction in a manner which would otherwise be prohibited. (3265-7/95,3334-6/97) ord/04zonindchap 222/8/23/04 5 222.08 Methods of Reducing Flood Hazards Methods and provisions for reducing flood hazard include: A. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities; B. Requiring that uses and structures vulnerable to floods be protected against flood damage at the time of initial construction; C. Controlling the alteration of natural floodplain, stream channels, and natural protective barriers, which help accommodate or channel flood waters; D. Controlling filling, grading, dredging, and other development which may increase flood damage; E. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas; and F. Any methods and provisions for reducing flood hazard within the coastal zone shall be consistent with the Coastal Conservation District. 222.10 General Provisions A. Compliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable provisions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter or another chapter, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. B. Warning and Disclaimer of Liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. As a consequence_, floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damage. This chapter shall not create liability on the part of the incidental parcels which do not front a sandy beach, which have bulkheads and are not adjacent to recreation or public use areas and other existing or proposed lateral or vertical easements, or when development is proposed on an existing subdivided single-family residential lot between developed residential parcels. C. Director-- Responsibilities. The duties and responsibilities of the Director in enforcing the provisions of this chapter shall include, but not be limited to: ord/04zoning/chap 222/8/23/04 6 1. Reviewing building permits to determine that the permit requirements of this chapter have been satisfied, that all other required state and federal permits have been obtained, and that the site is reasonably safe from flooding. 2. Reviewing building permits to determine that the proposed development, when considered with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than l foot at any point. 3. Making interpretations where needed as to the exact location of the boundaries of areas of special flood hazard. 4. Obtaining and maintaining for public inspection flood insurance policy information concerning the certified elevation for residential developments and subdivisions, and the certification required for floor elevations, for developments located in areas where shallow flooding is likely to occur; for floodproofing of nonresidential developments; for coastal high hazard areas; for anchoring of manufactured homes; and for floodway encroachments. 5. Notifying adjacent communities and responsible staff and federal agencies prior to any alteration or relocation of a watercourse. The Director shall further ensure that the flood-carrying capacity is maintained for any watercourse, or portion thereof, which has been altered or relocated. 6. Taking action to remedy violations of this chapter as provided in Chapter 249. D. Building Permit Review. Application for building permit shall include: 1. Proposed elevations in relation to mean sea level, of the lowest floor of all structures; in -FP2, elevation of highest adjacent grade and proposed elevation of lowest floor of all structures; 2. Proposed elevations in relation to mean sea level and the FIRM design flood to which any structure will be floodproofed; and 3. A description of the extent to which any watercourse will be altered or relocated as a result of proposed development. 4. All appropriate certifications required in Section 222.14. s 222.12 Land Use Controls A. -FPl Subdistrict 1. Permitted Uses a. Flood control channels, levees, spreading grounds and basins, roads, bridges and storm drains. ord/04zoninga/chap 22218/23/04 7 b. Agricultural uses which require no permanent structures, landfill, storage of materials or equipment, or stream alteration that would result in any increase in flood levels within the regulatory floodway. 2. Uses Requiring a Conditional Use Permit from the Zoning Administrator a. Minor Utilities. b. Temporary structures which can be readily removed in the time available after flood warning. c. Recreation areas, parks, campgrounds, playgrounds, riding and hiking trails, parking lots, wildlife and natural preserves, and similar open space uses that do not have substantial permanent structures. 3. Uses Requiring a Conditional Use Permit from the Planning Commission a. Major utilities. 4. Prohibited Uses a. Landfills, excavations, improvements, developments, or encroachments that will obstruct waterflow, cause any cumulative increase in the elevation of the design flood water profile by more than one (1) foot at any point, tend to broaden direct flood flows out of the floodway, impair the design flood conveyance capability of the floodway, or otherwise create a potential hazard to life or property resulting from flood flows. b. All encroachments, including fill, new construction, substantial improvements, and other development unless a California-registered civil engineer demonstrates to the satisfaction of the Director that such encroachments will not result in any increase in flood levels within the floodway. c. Permanent structures. . d. Storage of substances or materials capable of floating which could add to the debris load of a flood. a e. Storage of chemicals, explosives, flammable liquids, toxic materials, or anything of a nature which could create a potential danger to the public health and welfare. ord/04zoninJchap 222/8/23/04 8 B. -FP2 Subdistrict l. Permitted Uses a. Excavation and removal of rock, sand gravel, and other materials, providing that the flood-carrying capacity of the watercourse is preserved and the excavation area is designed to receive and release floodwaters, and such excavations will not create a potential hazard to adjacent properties resulting from flood or erosion conditions. b. Landfills that do not cause floodwaters to be diverted onto adjacent properties, are protected against erosion from floodwaters, and do not increase the elevation of the design flood by more than one (1) foot at any point, or that can fully provide for the design flood by means of watercourse improvements. c. New structures and improvements permitted by the base district or allowed with a conditional use permit including manufactured homes, which comply with the applicable standards of construction of this chapter. 2. Prohibited Uses a. Landfills, excavations, improvements, developments, or encroachments that . will obstruct waterflow, cause a cumulative increase in the elevation of the design floodwater profile by more than 1 foot at any point, tend to broaden or direct flood flows out of the natural floodplain, or otherwise cause a potential hazard to life or property resulting from flood flows. C. -FP3 Subdistrict All uses permitted or conditionally permitted in the base district with which the -FP' district is combined are permitted subject to approval of a building permit and compliance with the standards of construction of this chapter, except for the following uses which are prohibited: 1. The placement of manufactured homes except in existing parks or subdivisions. 2. Man-made alteration of sand dunes which would increase potential flood damage. 3. Fill used for structural support of buildings. 222.14 Development Standards and Standards of Construction Development standards for the-FP Overlay District shall be specified by a conditional use permit or shall be those of the base district with which the -FP district is combined, ord/04zoninglchap 222/8/23/04 9 provided that the following standards of construction shall apply in the -FP2 and-FP3 subdistricts. A. -FP2 Standards of Construction. 1. Anchoring. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. All manufactured homes shall comply with the anchoring standards of Section 222.14A5. 2. Construction Materials and Methods. All new construction and substantial improvements shall use construction methods and practices that minimize flood damage, and shall utilize materials and utility equipment resistant to flood damage. Adequate drainage paths around structures on slopes shall be provided to guide flood waters around and away from proposed structures. 3. Elevation and Floodproofin . a. New residential construction and substantial improvement of any residential structure shall have the lowest floor including basement elevated one foot above the base flood elevation except: 1. In an AO zone the lowest floor including basement shall be elevated one foot above the highest adjacent grade to a height exceeding the depth number on the FIRIVI by one foot or at least three (3) feet if no depth number is specified, and 2. In an A zone, the lowest floor including basement shall be elevated one foot above the base flood elevation as determined by the City. (3285-7/95,3334-6/97) Upon completion of the structure, the elevation of the lowest floor including basement shall be certified by a California-registered architect, engineer, or surveyor. The elevation certificate shall be submitted to the Director. b. Nonresidential construction shall be either elevated to comply with subsection 3a or together with attendant utility and sanitary facilities be floodproofed below the level stated in subsection 3a so that the structure is watertight with walls substantially impermeable to the passage of water and be capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A floodproofing certificate shall be completed and certified by a California registered engineer or architect and submitted to the Director. c. Space Below the Lowest Floor. All new construction and substantial improvement with fully enclosed areas below the lowest floor(excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and ord/04zoning/chap 22218/23/04 10 exit of floodwater. All proposals for using space below the lowest floor shall exceed the following requirements: (1) Be certified by a California registered engineer or architect; or (2) Be certified to comply with a local.floodproofing standard approved by the Federal Insurance Administration, Federal Emergency Management Agency, or (3) Have a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic entry and exit of floodwaters. d. All preliminary development proposals shall identify the flood hazard area, the elevation of the base flood, and be consistent with the need to minimize flood damage. All developments shall provide adequate drainage to reduce exposure to flood hazards. e. All final subdivision plans shall provide the elevation of proposed structures and pads. The lowest floor and pads shall be certified by a California registered engineer or surveyor and submitted to the Director. 4. Standards for Utilities and Mechanical Equipment. a. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters. b. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. c. All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. d. All subdivision proposals shall have public utilities and facilities such as ; sewer, gas, electrical and water systems located and constructed in a floodproof manner. 5. Standards for Manufactured Homes. a. All new and replacement manufactured homes and substantial improvements to manufactured homes on sites located ord/04zoninJchap 222/8/23/04 11 1. outside of a manufactured home park or subdivision, 2. in a new manufactured home park or subdivision, 3. in an expansion to an existing manufactured home park or subdivision, or 4. in an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred substantial damage as a result of a flood shall be elevated on a permanent foundation so that the lowest floor is elevated one foot above the base flood elevation. b. All manufactured homes to be placed or substantially improved in an existing manufactured home park or subdivision shall be elevated to have the lowest floor one foot above the base flood elevation or the manufactured home chassis supported by reinforced piers or other foundation elements of equivalent strength that are a minimum of 3 feet above grade. Where a site upon which a manufactured home has incurred substantial damage as the result of a flood, subsection 5a shall apply. c. All manufactured homes shall be securely anchored to an adequately anchored foundation;system to resist flotation, collapse,and lateral movement. B. -FP3 Standards of Construction 1. Location of Buildings a. All new construction shall be located on the landward side of the reach of the mean high tide. 2. Construction Methods: a. Elevation. All new construction and substantial improvement shall have the lowest floor free of obstructions or constructed with breakaway walls as defined in Section 222.06. Such enclosed_space shall not be used for human habitation but may be used for parking, building access or storage.j3285-7/95, 3334-6/97) b. Structural Support. All new construction and substantial improvements shall be elevated on adequately anchored pilings or columns so that the bottom of the lowest horizontal portion of the structural member of the lowest floor(excluding the pilings or columns) is elevated at or above the base flood level. The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the ord/04zoning/chap 222/8/23/04 12 base flood. Wind loading values used shall comply with standards adopted by the City. 3. Certification. A California-registered engineer or architect shall certify to the satisfaction of the Director that the proposed structure complies with the requirements of this section. The Director shall,obtain and maintain records of the elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor(excluding pilings or columns) of all new and substantially improved structures, and whether such structures contain a basement. C. Standards for Recreational Vehicles. All recreational vehicles placed on a site within a flood hazard zone shall be fully licensed and ready for highway use, . restricted to a maximum stay on site of 180 days unless the elevation and anchoring of the recreational vehicle complies with the Standards for Manufactured Homes. All recreational vehicles placed in coastal high hazard areas (V and VE zones) shall also comply with -FP3 standards for construction. 222.16 Variances/Appeals A. General Provisions. The Planning Commission shall hear and decide requests for variances from the standards of this chapter as well as requests for appeals when it is alleged there is an error in any requirement, decision, or determination made by the Director in the enforcement or administration of this chapter in accord with the procedures established in Chapter 241 and 248. 1. Variances may be issued for new construction and substantial improvements on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below base flood level, providing the standards listed in this chapter are considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variances increases. 2. Variances may be granted for new construction and substantial improvement and for other development necessary for the conduct of a.functionally dependent use provided that the provisions of Chapter 222 are satisfied and that the structure or other development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety or public nuisance. s 3. Variances may be issued for the repair or rehabilitation of historic structures which are listed on a local or state inventory, determined by the Secretary of the Interior to be historic, or listed on the National Register of Historic Places provided the proposed repair or rehabilitation is necessary to preserve the historic character and design of the structure and allow the continued designation as an historic structure. ord/04zoning/chap 222/8/23/04 13 4. Any applicant to whom a variance is granted shall be provided written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk. A copy of the notice shall be recorded by the Director in the office of the Orange County Recorder and shall be recorded in a manner so that it appears'in the chain of title of the affected parcel of land. B. Factors to be Considered. In reviewing applications, the Planning Commission shall consider all relevant factors, including technical evaluations,this section, and other standards specified in this chapter. In reaching a decision on an appeal or variance, the Commission- shall consider the: 1. Danger that materials may be swept onto other lands to the injury of others; 2. Danger of life and property due to flooding or erosion damage; 3. Importance of the services provided to the community by the proposed facility; 4. Necessity of waterfront location for the facility, if applicable; 5. Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; 6. Compatibility of the proposed use with existing and anticipated developments; 7. Relationship of the proposed use to the General Plan, Local Coastal Program, and the floodplain management program for that area; 8. Safety of access to the property in time of flood for ordinary and emergency vehicles; 9. Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and 10. Cost of providing government services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electric and water services, and streets and bridges. C. Findings. When granting a variance, the Planning Commission shall make the following findings in addition to the findings contained in Chapter 241. 1. The project provides the minimum deviation to afford relief from the provisions of Chapter 222. ord/04zoninJchap 222/8/23/04 14 2. The proposed project will not result in increased flood heights, additional threats to public safety or extraordinary public expense; create a nuisance, cause fraud or victimization of the public, or conflict with existing local laws or ordinances. D. Authority to Impose Additional Conditions. In addition to the authority to impose conditions under Section 241.14, the Planning Commission may attach conditions. to the granting of variances as deemed necessary. E. Records. The Director shall maintain a record of all variance actions and findings to justify their issuance, and report such variances to FEMA and FIA upon request. (3285-7/95,3334-6/97) SECTION 2. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15TH day of NOVEMBER , 2004. i ATTEST: APPROVED AS TO FORM: City Clerk City A rney REVIEWED AND APPROVED: INITIA ED AND APPROVED: /""e" aaz::�� L")v -x- ,- City Xdministrator Director of Planning ord/04zoning/chap 222/8/23/04 15 Ord. No. 3675 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN, the duly appointed, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 1st day of November, 2004, and was again read to said City Council at a regular meeting thereof held on the 15th day of November, 2004, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Winchell NOES: None ABSENT: None ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on November 25,2004. In accordance with the City Charter of said City Joan L.Flynn, City Clerk ty Clerk and ex-offici lerk Deputy City Clerk of the City Council of the City of Huntington Beach, California H. B. INDEPENDENT PUBLISH DATE: 11/25/04 CITY OF HUNTINGTON BEACH LEGAL NOTICE ORDINANCE NO. 3675 Adopted by the City Council on NOVEMBER 15, 2004 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 222 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED FP FLOODPLAIN OVERLAY DISTRICT" SYNOPSIS: ZONING TEXT AMENDMENT NO. 03-02 CONSISTS OF A NUMBER OF AMENDMENTS TO THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TO STREAMLINE THE ENTITLEMENT PROCESS. THE ZONING TEXT AMENDMENT CODIFIES EXISTING POLICIES IN ADDITION TO CLARIFYING CERTAIN SECTIONS OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE. THE AMENDMENTS PROVIDE RELIEF TO THE BUSINESS COMMUNITY AND RESIDENTS WHILE ENSURING THAT ISSUES OF NEIGHBORHOOD COMPATIBILITY, AESTHETICS, ETC. STILL RECEIVE ADEQUATE CONSIDERATION. THE REMAINING ORDINANCES IN THE PERMIT STREAMLINING PHASE 2 THAT INCLUDE CHANGES TO `PROVISIONAL DEVELOPMENT CRITERIA' HAVE BEEN DEFERRED TO THE JANUARY 3, 2005 CITY COUNCIL MEETING. COPIES OF THIS ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held November 15, 2004 by the following roll call vote: AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Winchell NOES: None ABSENT: None This ordinance is effective 30 days after adoption. CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 714-536-5227 JOAN L. FLYNN, CITY CLERK ORDINANCE NO. '3 6 7 7 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 231 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED ..OFF-STREET PARKING AND LOADING PROVISIONS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Chapter 231 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: �JChapt6`131,:Off Street Parking."arid Loading Provisions Sections: 231.02 Basic Requirements for Off-Street Parking and Loading 231.04 Off-Street Parking and Loading Spaces Required 231.06 Joint Use Parking 231.08 Reduced Parking for Certain Uses 231.10 Parking In-Lieu Payments Within Downtown Specific,Plan Area 23 1:12 Parking Spaces for the Handicapped 231.14 Parking Space Dimensions 231.16 Application of Dimensional Requirements 231.18 Design Standards 231.20 Compact Parking 231.22 Driveways; Visibility 231.24 Landscape Improvements 231.26 Parking Area Plan Required 231.28 Oceanside or On-Street Parking within the Coastal Zone 231.02 Basic Requirements for Off-Street Parking and Loading A. When Required. At the time of initial occupancy of a site, construction of a structure, " or major alteration or enlargement of a site or structure,off-street parking facilities and off-streetloading facilities shall be.provided in accord with this.chapterand parking area landscaping shall be provided in accord with Chapter 232. For the purposes of these requirements, "major alteration or enlargement" shall mean a change of use, an expansion of greater than 50 percent of the existing space in a non-residential building or an addition of bedrooms or units in a residential building. A change in occupancy r that does not involve a change in the use classification is not considered a change in use for purposes of this requirement unless the change in occupancy involves an intensification of use or an increase in parking demand. B. Nonconforming Parkingy or Loading. No existing use of land or structure shall be deemed to be nonconforming solely because of the lack of off-street parking or loading facilities required by this chapter, provided that facilities being used for off-street parking and loading as of the date of adoption of this chapter shall not be reduced in number to less than that required by this chapter. Expansion of a use with nonconforming parking shall be subject to the following requirements: ord/04zoninlchap 231/3/23/04 1 1. A multi-family residential use with nonconforming parking may be expanded by adding bedrooms or additional units provided that the expansion complies with current standards contained in this chapter; 2... A single-family residence with nonconforming parking may be expanded,by. adding bedrooms.provided the dwelling complies with current standards contained in this chapter; and 3. A nonresidential use with nonconforming parking may be expanded less than 50 percent of the existing square footage or intensified if additional parking is provided for the expansion or intensification. Expansions of 50 percent or more of the existing square footage require the site to be in total compliance with the current parking standards contained in this chapter. C. Spaces Required for Alteration or Enlamement. The number of parking spaces or loading spaces required for an alteration or enlargement of an existing use or structure, or for a change of occupancy, shall be in addition to the number of spaces existing prior to the alteration, enlargement, or change of occupancy unless the preexisting number is greater than the number prescribed in this chapter. In this case, the number of spaces in excess of the prescribed minimum shall be counted in determining the required number of parking or loading spaces. D. Spaces Required for Multiple Uses. If more than one use is located on a site, the number of off-street parking spaces and loading spaces to be provided shall be equal to the sum of the requirements prescribed for each use.. This requirement applies not only. to multiple uses under separate ownership but also to multiple;uses in the same ownership. If the gross floor area of individual uses on the same site is less than that for which a loading space would be required by Section 231.06A, but the aggregate gross floor area of all uses is greater than the minimum for which loading spaces would be required, the aggregate gross floor area shall be used in determining the required number of loading spaces. E. Location and Ownership. Parking facilities required by this chapter shall be on the same site as the use served; except that an adjacent lot may be used which is in the same person's possession as the structure or use. Such possession may be by deed or long- term lease, approved as to form by the City Attorney, and recorded in the Office of the County Recorder. A copy of the recorded document stipulating the reservation of the property for parking purposes shall be filed with the City prior to issuance of a building permit and/or certificate of occupancy, whichever occurs first. No use shall be continued if the.parking is removed from the adjacent lot unless substitute parking.is -provided. Parking.facilities provided b a arkin district or arkin authority are not' Y P g parking Y . subject to these locational requirements. 1. Parking in Yards in R Districts. The parking of motor vehicles, trailers, campers and boats shall be prohibited on all landscaped areas within the front one-half off. the lot except as provided below. (a) Oversized vehicles (see Definitions Chapter 203), campers, trailers and boats on trailers may be parked on the paved driveway area or on a paved area between the driveway and the nearest side property line provided that they do not project over any property line and that the area is kept free of trash, debris and parts. (b) Commercial oversized vehicles (see Definitions Chapter 203) or special purpose machines shall be prohibited in any yard area. ord/04zoninJchap 231/8/23/04 2 2. Parking in Yards in C or IDistricts. Required yards may be used for required parking, subject to the landscaping standards of Chapter 232. 3. Access. When a lot abuts an arterial highway and a local streets access to on-site parking shall be from the local'street. When a lot abuts an alley; then.access to ' parking shall be provided from the alley unless the Planning Commission approves a different access. When a lot abuts two arterial highways or two local streets, access shall be subject to the approval of the Director of Public Works. 4. Non-residential Parking in R Districts. Non-residential parking serving adjacent commercial or industrial uses shall not be located in any R zoned property. F. Computation of Spaces Required. If, in the application of the requirements of this chapter, a fractional number is obtained, one additional parking space or loading space shall be required. G. Other Requirements. 1. Any off-street parking or loading facility which is permitted but not required shall comply with all provisions of this chapter governing location, design, improvement and operation. 2. Any motor vehicle incapable of movement by its own power and/or not licensed to operate on California streets shall be stored either in an enclosed building or.- entirely screened from view: 231.04 Off-Street Parking and Loading Spaces Required A. Non-residential uses shall provide one loading space (minimum fourteen [14] feet in width, twenty [20] feet in length, and fourteen [14] feet in height) for each 20,000 square feet, or fraction thereof, of gross floor area; however, a maximum of three (3) such spaces are required for buildings exceeding 60,000 square feet. No loading space is required for non-residential uses with less than 20,000 square feet of gross floor area. B. Off-street parking spaces shall be provided in accord with the following schedule. References to spaces per square foot are to be computed on the basis of gross floor area, unless otherwise specified. Where the use is undetermined, the approving body shall determine the probable:use and the number of parking and loading spaces required. In order to make this determination, the Director may require the submission of survey data prepared by a state-registered traffic engineer for the applicant or collected at the applicant's expense. Parking spaces over and above the minimum number specified in this section may be s required by the body responsible for reviewing the use itself based on the intensity of the use. C. The Director may allow a parking reduction for a change of use if the increase in the required parking is not more than five (5) spaces. The change of use request must be on a site with two or more uses,have minimum of 50 existing parking spaces and provide an upgrade of existing landscaping. This same reduction may be considered for uses complying with State Handicap Regulations as mandated by State Law and applicable to parking requirements. (3526-2/02) ord/04zoning/chap 231/8/23/04 3 OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A Use Classification Spaces Residential Single-family Dwellings New construction 0-4 bedrooms 2 enclosed and 2 open 5 or more bedrooms 3 enclosed per unit and 3 open per unit Existing Dwellings 0-4 bedrooms 2 enclosed and 2 open' 5 or more bedrooms 2 enclosed per unit and 3 open per unit' In the RMH-A district 2 enclosed spaces per unit with up to three bedrooms, and 1 space for each additional bedroom; 1 additional space per dwelling where no on-street parking is allowed Multi-family Dwellings Studio/one bedroom 1 enclosed space per unit 2 bedrooms 2 spaces (1 enclosed) er unit P. 3 or more bedrooms 2.5 spaces (I enclosed)per unit Guests 0.5 space per unit Senior Studio/one bedroom 1 covered space per unit Two bedrooms 1.5 spaces per unit (1 covered) Manufactured Homes 2 spaces per unit; one covered, and one may be behind the first Guest 1 per 3 manufactured homes Rooming House 1 space per guest room plus 1 space per owner/manager plus 1 space per each 10 guest rooms Residential Care, Limited l.per 3 beds - - Public and Semi-public Clubs and Lodges 1 per 35 sq. ft. used for assembly purposes of 1 per 3 fixed seats (18 inches = one seat), whichever is greater 'Open spaces may be behind any required spaces and/or on a street adjacent to the property. On-street parking may not be reserved for residents and/or guests but must be available to the general public on a first-come, first-serve basis. ord/04zoning/chap 231/8/23/04 4 OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (continued) Use Classification Off-Street Parking Spaces Cultural Facilities 1 per.300 sq .ft: gross floor area Day Care, General 1 per staff member plus one per classroom Government Offices 1 per 250 sq. ft. gross floor area Heliports As specified by use permit Hospitals 1 per 1.5 beds Maintenance and Service Facilities 1 per 500 sq. ft. Park and Recreation Facilities As specified by conditional use permit for private facilities Public Safety Facilities As specified by the conditional use permit Religious Assembly 1 per 35 sq. ft. of public assembly area, or 1 per 3 fixed seats (18 inches= 1 seat), whichever is greater Residential are, General l:per 3 beds; plus additional spaces,as specified by conditional use`permit Schools, Public or Private Preschools, nursery day care 1 per staff member, plus one per classroom Elementary,junior high 1.5 per classroom High school/college 7 per classroom Trade schools, music 1 per 35 sq. ft. of instruction area conservatories Utilities, Major As specified by conditional use permit Commercial Ambulance Services 1 per 500 sq. ft:; plus 2 storage spaces . Animal Sales and Services Animal boarding 1 per 200 sq. ft. Animal grooming 1 per 200 sq. ft. Animal hospitals 1 per 200 sq. ft. Animal, retail sales 1 per 200 sq. ft. Artists' Studios 1 per 1,000 sq. ft. Banks and Savings & Loans 1 per 200 sq. ft. Drive-Up Service Queue space for 5 cars per teller Building Materials and Services 1 per 1,000 sq. ft. of lot area; minimum 10 plus 1/300 sq. ft. office area ord/04zoninJchap 23 U8/23/04 J OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (continued) Use Classification Off-Street Parking Spaces Catering,Services 1 per 400 sq.ft: Commercial Recreation and Entertainment Bowling Alleys 3 per lane, plus 1 per 250 sq. ft. of public assembly and retail areas Electronic Game Centers 1 per 200 sq. ft. Health Clubs 1 per 200 sq. ft. except that area designated for group instruction shall be parked at a ratio of 1 per 100 sq. ft. Stables 1 per 3 corrals plus 1 horse trailer space for each 10 corrals plus 2 for caretaker's unit Tennis/Racquetball 3 per court Theaters 1 per 3. fixed seats, or 1 per 35 sq. ft. seating area if there are no fixed seats Other Commercial As specified by the Zoning Administrator or Recreation and Entertainment Planning Commission Communications Facilities 1 per 500 sq. ft. Eating and Drinking Establishments with less than 12 seats l per 200, q ft. with more than 12 seats I per`60'sq.ft. or 1 per 100 sq."ft. when on a site with 3 or more uses with dancing Plus 1 per 50 sq. ft. of dancing area with drive through service Plus queue space for 5 cars per service window Food and Beverage Sales 1 per 200 sq. ft. Furniture and Appliance Stores 1 per 500 sq. ft. excluding areas used for storage or loading, but not less than 5 Funeral and Interment Services 1 per 35 sq. ft. of seating space Hardware Stores 1 per 200 sq. ft. excluding areas used for storage or loading, but not less than 5 Horticulture, Limited 1 per 2 acres 0. Laboratories 1 per SQO-sq: ft.. Maintenance and Repair Services 1 per 500 sq. ft. Marine Sales and Services 1 per 500 sq. ft. s Nurseries 1 per 1,000 sq. ft. of indoor/outdoor sales and/or display lot area accessible for public viewing, but no less than 10; plus 1 per 300 sq. ft. office area Offices, Business and Professional 1 per 250 sq. ft. for less than 250,000 sq. ft.; 1 per 300 sq. ft. for 250,000 sq. ft. or more Offices, Medical and Dental 1 per 175 sq. ft. (includes out-patient medical/surgery centers) ord/04zoning/chap 231/8/23/04 6 OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (continued) Use Classification Off-Street Parking Spaces Pawn Shops- 1 per 200 s q� ft: . Personal Enrichment Services 1 per 35 sq. ft. of instruction`area; or Maximum 1 per 200 sq. ft. provided the number of students per classroom does not exceed required number of parking spaces, plus instruction area does not exceed 75 percent of floor area. Personal Services 1 per 200 sq. ft. Research and Development Services 1 per 500 sq. ft. Retail Sales Not Listed Under Another 1 per 200 sq. ft. Use Classification Sex Oriented Business Cabaret with less than 12 seats, 1 per 200 sq. ft.; with 12 seats or more, 1 per 60 sq. ft. or 1 per 100 sq. ft. if on a site with three or more uses Encounter center 1 per 35 sq. ft. of instruction area Escort bureau 1 per 250 sq. ft. Hotel/Motel 1.1 per guest room; plus 1 per passenger transport vehicle paces.for.any.,. (min ails) an imam o 2.st 2.s manager's un it nit and parking for other uses as required: by this schedule Mini-motion picture theater, 1 per 3 fixed seats, or 1 per 35 sq. ft. seating area if motion picture theater or there are no fixed seats motion picture arcade Retail sales 1 per 200 sq. ft. Swap Meets, Indoor/Flea Markets 1/100 sq. ft. except as may be modified by the Planning Commission through the conditional use permit process, after submittal, review and approval of a traffic engineering study ord/04zoning/chap 231/8/23/04 7 OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (continued) Use Classification Off-Street Parking Spaces Vehicle/Equipment Sales and Services Automobile Rentals 1 per 1,000 sq. ft. of indoor/outdoor sales and/or display lot area accessible for public viewing, but no less than 10; plus 1/300 sq. ft. office area; 1/200 sq. ft. auto service area Automobile Washing (Car Wash) Full-service (attended) 10 With fuel sales 12 Self-service (unattended) 1.5 per wash stall Service Stations full-serve/repair garage 1 per 500 sq. ft. but no less than 5 self-serve 2 with convenience markets 1 per 200 sq. ft. of retail space but no less than 8 with self-serve car wash 4 with self-serve car wash 10 and convenience market Vehicle/Equipment Repair 1 per 200 sq. ft. but no less than 5 _ Vehicle/Equipment Sales 1 per 1,000 sq..ft. of indoor/outdoorsales and/or and Rentals display lot area accessible for public`viewirib, but no less than 10 plus I per 300 sq. ft.office area; 1 per,200 sq. ft. auto service area Vehicle Storage 1 per 5,000 sq. ft. lot area; no less than 5 Visitor Accommodations: Bed and Breakfast 1 per guest room plus 1 guest and 1 manager/owner space Hotels, Motels Ll per guest room; plus 1 per passenger transport vehicle (minimum of 2 stalls) and 2 spaces for any manager's unit and parking for other uses as required by this schedule Single Room Occupancy, 1.0 per unit; 10% shall be.desigriated as visitor 'Residential Hotels parking; l per passenger transport vehicle`_` (minimum of 1 stall) one loading space, and 2 spaces for any manager's unit, plus 0.5 per all remaining personnel (3494-5/01) Warehouse and Sales Outlets 1 per 200 sq. ft. Industrial Speculative buildings 1 per 500 sq. ft. (maximum 10% office area) Manufacturing, research assembly, 1 per 500 sq. ft. packaging ord/04zon in--/Chap 231/8/23/04 8 OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (continued) Use Classification Off-Street Parking Spaces Wholesaling; warehousing and 1 per.1,000 sq:ft. distributing space Offices 1 per 250 sq. ft. if office area exceeds 10 percent of gross floor area Outside uses: Storage, wrecking/ 1 per 5,000 square feet of lot area, but no less salvage and lumber yards than 5 Mini-storage facilities Single-story 1 per 5,000 square feet Each additional story 1 per 2,000 square feet plus 2 spaces for any caretaker's unit 231.06 Joint Use Parking In the event that two (2) or more uses occupy the same building, lot or parcel of land, the total requirement for off-street parking shall be the sum of each individual use computed separately except as provided in this section. The Planning Commission or Zoning Administrator may grant a reduction in the total.number. 'of required spaces as part of the entitlement`for the use or uses, or by conditional_use permit when no other entitlement is required, when the applicant can demonstrate that the various uses have divergent needs in terms of daytime versus nighttime hours or weekday versus weekend hours. Such joint use approvals shall be subject to the following: 1. The maximum distance between the building or use and the nearest point of the parking spaces or parking facility shall be 250 feet; and . 2. There shall be no conflict in the operating hours based on parking space requirements for the different uses on the parcel; and 3. Evidence of an agreement for such joint use shall be provided by proper legal instrument, approved as to form by the City Attorney. The instrument shall be recorded in the Office of the County Recorder and shall be filed with the City prior to.issuance of building permit and/or certificate of.occupancy, whichever occurs first. 231.08 Reduced Parking for Certain Uses s A. The Zoning Administrator may approve a conditional use permit to reduce the number of parking spaces to less than the number required per Schedule "A" in Section 231.04, provided that the following findings are made: (3334-6/97,3526-2/02) 1. The parking demand will be less than the requirement in Schedule A; and 2. The proposed use of the building or structure, will not generate additional parking demand; and ord/04zoninJchap 231/8/23/04 9 3. A Transportation Demand Management plan which exceeds the minimum required by Section 230.36 has.been approved by the Director. B. The Zoning Administrator may consider survey data prepared by a state-registered traffic engineer and submitted by an applicant or collected at the applicant's request and . .expense as a basis for approval of axeduction in required parking. 231.10 Parking In-Lieu Payments Within Downtown Specific Plan Area Parking requirements for private property uses within the Downtown Specific Plan Area may be met by payment of an "in-lieu" fee for providing parking in a parking facility subject to conditional use permit approval by the Planning Commission. Said fee may be paid in multiple installments. The first installment in an amount established by City Council Resolution for each parking space shall be paid prior to the issuance of building permits or of a certificate of occupancy, whichever comes first. Any successive installments shall be paid and secured by a mechanism established in the conditions of approval. 231.12 Parking Spaces for the Handicapped New and existing parking facilities shall comply with the State Handicapped Regulations as mandated in State law. 231.14 Parking Space Dimensions • Required parking spaces shall have the,following minimum dimensions in feet. Striping requirements are depicted in Diagram A: .Directional signs and./or pavement markings shall be provided in any facility in which one-way traffic is established. Angle of Stall Stall Aisle Width' Parking Width Depth 1-way 2-way 00 9 19 (with 8 ft. Striped 12 20 (Parallel) maneuvering area between every 2 spaces) 300 9 19 14 20 450 9 19 15 20 600 9 19 20 20 .90.0 .9 .19 26 26 Residential 9 19. 25 25 'Compact . 8 17 subject to Section 231:20 iMinimum 24 feet when determined by Fire Department to be a fire lane. ord/04zoninJchap 231/8/23/04 10 30 45° , ° °& 60 Parking 4 + 0 k, 47 e 900 Parking 24 In. Exterior Dimension ' t}; I rn 19 Ft. j 18-In. Interior Dimension I Parallel Parking 9 ft. I` 8ft. _I_ 19ft* 19 8ft t G:1Dr"DRAV,AM 1 STR P.BM STRIPING REQUIREMENTS DIAGRAM A ord/04zonine/chap 231/8/23/04 1 1 231.16 Application of Dimensional Requirements A. Relation to Walls and Posts/Columns. A parking space on a site with more than five (5) parking spaces and which is adjacent to a wall over twelve (12) inches in height shall be increased in width by three (3) feet. Post/columns may be permitted along the side of each space only within three (3) feet of the head and foot of each stall. B. Vertical Clearance. Vertical clearance for parking spaces shall be 7 feet, except that an entrance may be 6.67 feet. When handicapped parking is provided, vertical clearance shall comply with California Code of Regulations (Title 24, Part 2, Chapter 2-71). For residential uses, non-structural improvements including wall-mounted shelves, storage surface racks, or cabinets may encroach into the vertical clearance, provided a minimum 4.5 feet vertical clearance is maintained above the finished floor of the garage within the front 5 feet of a parking space. C. Wheel Stops. All spaces shall have wheel stops 2.5 feet from a fence, wall, building or walkway. D. Parking Space Dimension Reduction. When a parking space abuts a landscape planter, the front 2 feet of the required 19 foot length for a parking space may overhang the planter as provided in Chapter 232. 231.18 Design Standards A. Public Works Requirements. Drive entrances on arterial highways shall be located in a manner to coordinate with future median openings and in accord with Department of Public Works standards. The paved surface of driveways and drive entrances shall comply with Department of Public Works specifications. Parking facilities shall be prepared, graded, and paved to ensure that all surface waters will drain into a public street, alley, storm drain, or other drainage system approved by the Department of Public Works. Aisle ways without adjacent parking shall be a minimum 24 feet in width. B. Circulation Design. All off-street parking spaces shall have access to a public street or alley, and shall have internal circulation, safe entrances and exits, drives, and aisles in conformance with City standards. Every required parking space shall have unobstructed access from an aisle without moving another vehicle. All parking spaces, except residential garages and carports for single-family dwellings and duplexes, shall have forward travel to and from parking facilities when access is to a dedicated street. . Traffic circulation shall be designed so that no vehicle need enter a public street in order to progress from one aisle to any other aisle within the same development. Commercial centers which have 200 parking spaces or more shall have at least one main entrance designed as depicted in Diagram B. z ord/04zoninJchap 231/8/23/04 12 I I I I I I 100, I I 4ft. I I 24ft 24ft. Oft. G TW UWMI-ENT BM COMMERCIAL CENTER MAIN ENTRANCE FOR PARKING LOTS WITH OVER 200 SPACES DIAGRAM B A minimum 3-foot-by-3-foot-wide maneuvering area shall be.provided at the end of dead-end parking aisles less than 150 feet in length. A vehicle turnaround space shall be provided at the end of all dead-end parking aisles which exceed 150 feet in length (measured from the closest intersecting aisle with complete circulation). The maneuvering area and turnaround space shall be designed as depicted in Diagram C. Other turnaround arrangements providing the same maneuverability are subject to approval by the Director. I —2 ft. Wheel,�\ Maneuvering 19 ft. I�, stop Ll area I I r I 9 h. 26 ft. I 3 ftt 1 3 ft.;,, f 12"Step off area G,DIV9DR_-kW I-MO BSI? TURN-AROUND SPACE AND MANEUVERING AREA DIAGRAM C ord/04zoning/chap 231/8/23/04 13 C. Illumination. All parking area lighting shall be energy-efficient and designed so as not to produce glare on adjacent residential properties. Security lighting shall be provided in areas accessible to the public during nighttime hours, and such lighting shall be on a time-clock or photo-sensor system. D. Residential parking. 1. Garages and Carports. All required garages and carports, permitted as accessory structures, shall be constructed at the same time as the main building and shall be used only by persons residing on the premises for storage of personal vehicles and other personal property. 2. Assignment of Spaces. Each studio and one bedroom dwelling unit shall have a minimum of one assigned parking space and each two or more bedroom units shall have a minimum of two assigned parking spaces. Each dwelling unit shall have an enclosed, assigned space which shall be within 200 feet walking distance of that unit and designated as such. The assigned spaces shall be provided with the rental of a dwelling unit without any additional cost. All unassigned spaces provided on site shall be open and only used for the parking of vehicles by persons residing on the property or their guests. 3. Turning Radius. The minimum turning radius for any garage, carport or open parking space, entered directly from an alley or driveway, shall be 25 feet. (See Diagram D) STREET GA GE - - - ---- - -- - - -- -AtL-EY- R. DRIV WAY STREET STREET GAD R/90 RAM231-TURN.B MP TURNING RADIUS DIAGRAM D ord/04zoninJchap 231/3/23/04 14 4. Drivewav Width. Length of Drive Minimum Driveway Width 150 feet or less 10 ft. for single family dwellings 20 ft. for multi-family dwellings Greater than 150 feet 20 feet clear width Exception: when designated as fire lane, all Fire Department requirements shall apply. 5. Guest Parking. All guest parking shall be fully accessible. 6. Coastal Zone. Each dwelling unit located in the Coastal Zone shall have a minimum of 2 on-site parking spaces. If the total coastal parking requirements exceed the total minimum parking as required by this chapter, the additional required parking spaces may be in tandem with enclosed spaces, provided the tandem space is assigned to an enclosed space and complies with the required turning radius. 7. Planned Residential Developments. In a planned residential development where a garage is constructed a minimum of 20 feet from the curb, the driveway in front of the garage may be used to provide one of the required uncovered spaces. 8. Privacy gates may be installed_without a conditional use permit provided there is . compliance with the following criteria prior to the issuance of building permits: 1) Fire Department approval for location and emergency entry-. (3526-2/02) 2) Postmaster approval of location for mailboxes or entry for postal carrier. 3) Shall provide a driveway within a minimum of twenty (20) feet for vehicle stacking. 9. Driveway Air Space. The air space above all driveways which exceed 150 feet in length shall remain open to the sky, except that eaves or roof overhangs with a maximum 4-foot projection may be permitted above a height of 14 feet. 10. Storage Space. 100 cubic feet of enclosed storage space for each unit shall be provided in a secured parking area where there is no private garage. 11. Accessory Dwelling: One.additionaloff-street parking space shall be required for an accessory dwelling, except that in the coastal zone there shall be a minimum of four(4) parking spaces on-site. E. Non-residential Parking and Loading. s 1. Designated Parking. Parking spaces within an integrated, non-residential complex shall not be designated for exclusive use of any individual tenant except as authorized by a parking management plan approved by the Director. 2. Parking Controls. Parking controls, such as valet service, or booths, and/or collection of fees may be permitted when authorized by conditional use permit approval by the Zoning Administrator. Privacy gates may be installed without a conditional use permit provided there is compliance with the following criteria prior to the issuance of building permits: ord/04zoninJchap 231/8/23/04 15 1) Fire Department approval for location and emergency entry. 2) Postmaster approval of location for mail boxes or entry for postal carrier. 3) Shall provide a driveway with a minimum of twenty(20) feet for vehicle stacking. 3. Minimum Drivewav Width. 25 feet when.providing access to the rear of a structure. 4. Reciprocal Access. Reciprocal ingress/egress access with adjacent properties shall be provided for all commercial properties. 5. Loading Location. On a site adjoining an alley, a required loading space shall be accessible from the alley unless alternative access is approved by the Director. An occupied loading space shall not prevent access to a required parking space. Truck or rail loading, dock facilities, and doors for such facilities shall not face or be located within 45 feet of property zoned or general planned residential. 6. Loading Design. Any loading facility shall be designed and located so that vehicles need not extend onto the public sidewalks, streets or alleys during loading activities. 7. Landscape Buffer. Where the side or rear yard of a parcel is used for loading activities and abuts an R District, a landscaped buffer along the property line shall be provided. F. Seasonal and Temporary Parking Lots. Seasonal and temporary parking lots may be allowed upon,approval.of a conditional use.permit by the Zoning Administrator. Seasonal lots may operate only from Memorial Day through the third weekend in September and shall be located within 1,000 yards of the mean high tide line of the Pacific Ocean. Temporary and seasonal commercial parking lots may be permitted for a maximum of five years. The design and layout of seasonal and temporary parking lots shall comply with this chapter, Fire Department requirements, and the following standards: 1. Paving shall be 2 inches of asphalt over compacted native soil, or as approved by the Department; except seasonal parking lots shall be surfaced to meet minimum specifications for support of vehicles and to provide dust control as required by the Zoning Administrator. 2. Boundaries of such lots shall be marked off and secured by chain or cable, with posts a minimum of 3 feet in height, solidly built. At a minimum, posts shall consist of 4." x 4" wood or equivalent metal posts a minimum.of 1-1/2 inches in diameter securely set in the ground and placed 8 feet on center. The posts shall be connected with at least 1 strand of 1/2-inch cable or chain securely fastened to each post. An opening shall be provided to accommodate vehicle access during business hours. Seasonal lots shall be secured to prevent overnight parking between the closing hour on one business day and the opening hour the follo,.ving business day. 3. Temporary parking lots shall have landscaped planters with an inside dimension of 3 feet along street-side property lines excluding driveways. Landscaping shall be protected from vehicle and pedestrian damage by wheel bumpers (asphalt, concrete, or wood), or asphalt or concrete curbs, or any other design that will provide adequate protection. 4. Seasonal parking lots are exempt from landscaping requirements of Chapter 232. ord/04zoninJchap 231/8/23/04 16 5. Directional and informational signs shall be displayed on-site to identify the entrance(s), fees, and hours of operation. Such signs shall be located at the entrance of the parking lot and shall not exceed 12 square feet and shall be 6 feet high. Signs for seasonal parking lots shall be removed from the site each season no later than the third weekend in September. 6. Automatic entry devices or fee collection points shall be setback a minimum of 20 feet from the public right-of-way, or at a distance recommended by the Department of Public Works and approved by the Director. 7. An attendant shall be on duty at all times during business hours of seasonal parking lots. 8. An approved fire extinguisher shall be provided on the premises during business hours. 9. The site shall be maintained in a clean condition, free from trash and debris. Trash containers shall be placed on the site to accommodate and store all trash that accumulates on the lot. For seasonal parking lots, a certificate of insurance for combined single limit bodily injury and/or property damage including products liability in the amount of.$1,000,000 per occurrence shall be filed with the Department of Administrative Services. A hold harmless agreement holding the City harmless shall also be filled with the Department of Administrative Services. Subsequent to approval of an application for any seasonal or temporary parking Iot, the applicant shall meet all standards and requirements and install all improvements. The parking lot shall then be inspected and approved by the Director prior to issuance of a Certificate to Operate. G. Parking Structures. Parking structures above or below grade shall be subject to conditional use permit approval by the Planning Commission when no other entitlement is required. In addition, parking structures proposed within the coastal zone shall be subject to approval of a coastal development permit. All parking structures shall comply with the following requirements: 1. Transition ramps which are also used as back-up space for parking stalls shall have a maximum slope of 5 percent. The maximum slope for transition ramps with no adjacent parking spaces shall be 10 percent. A ramp used for ingress and egress to a public street shall have a transition section at least 16 feet-long and a maximum slope of 5 percent. 2. Parking structures with over 300 spaces shall provide secondary circulation ramps and additional ingress and egress if deemed necessary by a traffic study prepared, by a state-registered traffic engineer. I Parking structures shall be provided with a minimum 10-foot-wide perimeter landscape planter at ground level. Parked cars shall be screened on each level through landscape planters or trellises and/or decorative screening wall or railings. The Design Review Board shall approve the landscaping plan. 4. All parking structures shall be architecturally compatible with existing or proposed structures and shall be subject to review and approval by the Design Review Board prior to hearing. The Design Review Board shall consider the ord/04zoning/chap 23 1/8/23/04 17 following factors in reviewing a proposal: bulk, scale, proportion, building materials, colors, signage, architectural features, and landscaping. 5. All parking structures proposed for conversion to a fee parking arrangement shall be subject to conditional use permit approval by the Planning Commission. Public parking structures within the coastal zone proposed for conversion to a fee parking arrangement shall be subject to approval of a coastal development permit. 231.20 Bicycle Parking 1. Bicycle Parking Requirements: A. Non residential developments shall provide one (1) bicycle stall for every twenty (20)parking spaces. Racks shall be made available to both customers and employees. B. Residential multiple family projects shall provide at a minimum one (1) bicycle stall per four(4) units in a secured, enclosed and covered area. The Planning Director shall approve location and provisions as set forth. 2. Design Standards: A. Bicycle parking facility shall include provision for locking of bicycles, either in lockers or in secure racks in which the bicycle frame and wheels may be locked by the user. Bicycle spaces shall be conveniently located near the primary entrance of structures or central location and shall be protected from automobile damage. The Planning Director shall approve all the aforementioned criteria 231.22 Driveways; Visibility Visibility of a driveway crossing a street or alley property line or of intersecting driveways shall be consistent with the requirements of Section 230.88. 231.24 Landscape Improvements Landscape, planting and irrigation plans shall be prepared consistent with the requirements of Chapter 232. 231.26 Parking Area Plan Required Prior to the construction, reconstruction,or restriping of an off-street parking area, a parking area plan shall be submitted to the Director for the purpose of indicating compliance with the provisions of this section, This plan shall include: A. Location and description of fencing and architectural screen walls. B. Location and placement of parking stalls, including bumpers, striping and circulation; all dimensioned to permit comparison with approved parking standards. C. Location and placement of lights provided to illuminate the parking area. D. A drainage plan showing drainage to a public.way in accordance with accepted standards or practices. E. A landscape,planting and irrigation plan prepared consistent with the requirements of Chapter 232. ord/04zoning/chap 231/11/10/04 18 F. Existing off-street parking areas that were approved at a reduced dimension (e.g. width, length, aisle width) may be reconstructed and re-striped or only re-striped at their previous reduced dimension. G. When re-striping, parking stalls shall be as depicted in Section 231.14, Diagram A. H. If a parking area is proposed to only be re-striped;no landscape, drainage, or lighting plan is required. Single-family dwellings on pre-existing lots are exempt from this requirement. 231.28 Oceanside or On-Street Parking within the Coastal Zone If any existing oceanside or on-street parking within the coastal zone is removed, it shall be replaced on a one for one basis in an area that would not result in the loss of any sandy beach area and within walking distance of the existing site. Replacement parking shall be assured prior to the issuance of the coastal development permit and shall be provided before any existing parking is removed so that there will be no reduction in the number of parking spaces available. SECTION 2. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15TH day of NOVEMBER_ _, 2004. IF Ma ATTEST: APPROVED AS TO FORM: JO/ 6r City C er olkl City A orney REVIEWED AND APPROVED: INTI ED AND APPROVED: City Xdininistrator Director of Planning ord/04zoning/chap 231/8/23/04 19 Ord. No. 3677 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH .)' I, JOAN L. FLYNN, the duly appointed, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 1st day of November, 2004, and was again read to said City Council at a regular meeting thereof held on the 15th day of November, 2004, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Sullivan, Coerper, Hardy;:Green, Boardman,Cook, Winehell NOES: None ABSENT: None ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on November 25,2004. s In accordance with the City Charter of said City Joan L. Flynn,Qi1y Clerk y Clerk and ex-offici Jerk Deputy City Clerk of the City Council of the City of Huntington Beach, California H. B. INDEPENDENT PUBLISH DATE: 11/25/04 CITY OF HUNTINGTON BEACH LEGAL NOTICE ORDINANCE NO. 3677 Adopted by the City Council on NOVEMBER 15, 2004 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 231 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED OFF-STREET PARKING AND LOADING PROVISIONS" SYNOPSIS: ZONING TEXT AMENDMENT NO. 03-02 CONSISTS OF A NUMBER OF AMENDMENTS TO THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TO STREAMLINE THE ENTITLEMENT PROCESS. THE ZONING TEXT AMENDMENT CODIFIES EXISTING POLICIES IN ADDITION TO CLARIFYING CERTAIN SECTIONS OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE. THE AMENDMENTS PROVIDE RELIEF TO THE BUSINESS COMMUNITY AND RESIDENTS WHILE ENSURING THAT ISSUES OF NEIGHBORHOOD COMPATIBILITY, AESTHETICS, ETC. STILL RECEIVE ADEQUATE CONSIDERATION. THE REMAINING ORDINANCES IN THE PERMIT STREAMLINING PHASE 2 THAT INCLUDE CHANGES TO `PROVISIONAL DEVELOPMENT CRITERIA' HAVE BEEN DEFERRED TO THE JANUARY 3,2005 CITY COUNCIL MEETING. COPIES OF THIS ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held November 15, 2004 by the following roll call vote: AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Winchell NOES: None ABSENT: None This ordinance is effective 30 days after adoption. CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 714-536-5227 JOAN L. FLYNN, CITY CLERK ORDINANCE NO. 3 6 7 9 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 236 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED NONCONFORMING USES AND STRUCTURES The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Chapter 236 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: =Chapter' '236 Nonconforming Uses and."Structures Sections: 236.02 General Provisions. 236.04 Destruction of a Nonconforming Structure or Use. 236.06 Alterations to a Nonconforming Structure or Use. 236.08 Sex Oriented Businesses. 236.02 General Provisions A. A nonconforming structure or use shall not be enlarged, increased or intensified except as provided in this chapter. If any such use ceases, the subsequent use of such land, structure or building site shall be in conformance with the regulations specified by this code. B. A nonconforming use shall not be resumed, reestablished, or reopened after it has been abandoned, discontinued or changed to a conforming use. C. A nonconforming use shall be deemed to be discontinued or abandoned when such use has ceased to operate or to exist for a period of six (6) months. D. A nonconforming use which is not housed in any structure, but occupies a lot or portion of a lot, shall.not be enlarged or extended.to any other portion of the lot or any other lot not so occupied at the time the use became classified as nonconforming. E. A nonconforming use occupying either a conforming structure or nonconforming structure or portion thereof shall not be extended to any portion of the structure s not so occupied at the time the use became nonconforming. 236.04 Destruction of a Nonconforming Structure or Use These provisions shall govern reconstruction of the nonconforming structures andlor uses listed below after such structure or use is destroyed by fire, explosion, act of nature or act of the public enemy by the percentage of value specified. ord/04zoning/chap 236/3/23/04 1 A. Nonconforming structures and nonconforming uses destroyed 50% or less of the value prior to damage may be completely rebuilt. B. Nonconforming residential uses consisting of 10 or less units destroyed more than 50% of the value may be completely rebuilt. C. Nonconforming residential uses consisting of more than 10 units destroyed more than 50% of the value may be completely rebuilt subject to conditional use permit approval by the Planning Commission provided current requirements for setback and parking are met. 236.06 Alterations to a Nonconforming Structure or Use A. Interior alterations and/or repairs may be made which do not enlarge the square footage or increase the height of a nonconforming use. Reroofing for health and safety purposes may also be permitted. B. A structure for a nonconforming use shall not be enlarged or altered on the exterior in any manner unless: 1. All aspects of the existing structure and the proposed addition are made to conform to applicable provisions of this Code, or 2. The Director permits such alteration subject to Neighborhood Notification pursuant to Chapter 241 and the following findings.: a. That the alteration is necessary to.secure added safety or reduce the fire hazard or to improve the aesthetic appearance of the structure's architecture by bringing the design into greater conformance with the surrounding neighborhood. b. That the alteration or addition will not increase the number of stories. C. That the alterations will not cause the floor area to exceed more than ten (10%) percent of the floor area the structure contained at the time the use became nonconforming. C. Nonconforming structures may be altered or enlarged provided that the alteration or enlargement is in conformance with applicable provisions of Titles 21 and 22. D. Additions to nonconforming structures proposed to be constructed at the existing nonconforming yard setbacks shall be subject to Director approval and Neighborhood Notification pursuant to Chapter 241. E. The area of enlargement to a nonconforming structure in any five year period shall not exceed 50% of the area of the structure as it exists on the effective date of this ordinance. 236.08 Sex Oriented Businesses A. Any sex oriented business lawfully operating on the effective date-of the Ordinance No. 3378 that is in violation of Section-212.04 of this Code shall be deemed a nonconforming use. A nonconforming use will be permitted to continue for a period of three years with possible one year extensions (maximum ord/04zonine/chap 236/8/23/04 2 extensions of five (5) years) to be granted by the Planning Commission only upon a convincing showing by the applicant of extreme financial hardship which is defined as the recovery of the initial financial investment in the nonconforming use, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty(30) days or more. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two (2) or more sex oriented businesses.are within 750 feet of one another and otherwise in a permissible location, the sex oriented business which was first established and continually operating at the particular location is the conforming use and the later established business(es) is nonconforming. B. A sex oriented business lawfully operating as conforming use is not rendered a nonconforming use by the location, subsequent to the grant of a sex oriented business zoning permit, of a building used for religious assembly, school, park and recreational facility or any property zoned RL, RM, RMH, RH, RMP, and any properties with equivalent designations under any specific plan within five hundred feet (500') of the sex oriented business. C. Any application for a building permit to operate a sex oriented business in a location that is in violation of Section 212.04 that is filed prior to, but approved after the effective date of Ordinance No. 3378 shall be deemed a nonconforming use pursuant to Section A. Any such building permit shall be in effect subject to the applicable zoning regulations in effect prior to the effective date of Ordinance No. 3378. SECTION 2. This ordinance shall.become effective 30 days after_its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at'a regular meeting thereof held on the 15TH day of NOVEMBER , 2004. or M ATTEST: APPROVED AS TO FORM: J!� City Cler City ttorney REVIEWED AND APPROVED: INIT ED AND PROVED: City Administrator Director of Planning s ord/04zoninglchap 236/8/23/04 Ord. No. 3679 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN, the duly appointed, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 1st day of November, 2004, and was again read to said City Council at a regular meeting thereof held on the 15th day of November, 2004, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Winchell NOES: None ABSENT: None ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on November 25,2004. In accordance with the City Charter of said City , Joan L. Flynn,City Clerk ity Clerk and ex-offi Clerk Deputy City Clerk of the City Council of the City of Huntington Beach, California H. B. INDEPENDENT PUBLISH DATE: 11/25/04 CITY OF HUNTINGTON BEACH LEGAL NOTICE ORDINANCE NO. 3679 Adopted by the City Council on NOVEMBER 15, 2004 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 236 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED NONCONFORMING USES AND STRUCTURES" SYNOPSIS: ZONING TEXT AMENDMENT NO. 03-02 CONSISTS OF A NUMBER OF AMENDMENTS TO THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TO STREAMLINE THE ENTITLEMENT PROCESS. THE ZONING TEXT AMENDMENT CODIFIES EXISTING POLICIES IN ADDITION TO CLARIFYING CERTAIN SECTIONS OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE. THE AMENDMENTS PROVIDE RELIEF TO THE BUSINESS COMMUNITY AND RESIDENTS WHILE ENSURING THAT ISSUES OF NEIGHBORHOOD COMPATIBILITY, AESTHETICS, ETC. STILL RECEIVE ADEQUATE CONSIDERATION. THE REMAINING ORDINANCES IN THE PERMIT STREAMLINING PHASE 2 THAT INCLUDE CHANGES TO `PROVISIONAL DEVELOPMENT CRITERIA' HAVE BEEN DEFERRED TO THE JANUARY 3,2005 CITY COUNCIL MEETING. COPIES OF THIS ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held November 15, 2004 by the following roll call vote: AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Winchell NOES: None ABSENT: None This ordinance is effective 30 days after adoption. CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 714-536-5227 JOAN L. FLYNN, .CITY CLERK ORDINANCE NO. 3 6 8 0 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 244 OF THE HUNTINGTON BEACH ZO\TNG AND SUBDIVISION ORDINANCE ENTITLED DESIGN REVIEW The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Chapter 244 of the Huntington Beach Zoning and Subdivision Ordinance is hereby-amended to read as follows: Cha 71 44:;:Desi n;Reviewx P. g . Sections: 244.02 Applicability 244.04 Duties of the Design Review Board 244.06 Scope of Review 244.08 Required Plans and Materials 244.02 :applicability, Design review-is required for projects in redevelopment areas, and applicable specific plans areas designated by the City Council, and for projects abutting or adjoining PS districts. 244.04 Duties of the Design Review Board The Design Review Board shall assist the Director, Planning Commission and Zoning Administrator in reviewing development plans and architectural drawings within designated geographic areas of the City and to undertake such other review and approval as provided by this code. A. Organization. The Board shall consist of five members appointed by and responsible to the City Council. The membership shall consist of the following: 1. Two (2) At-large members, consisting of current City residents chosen by the City Council. Alternate City residents may be designated by the City Council. 2. One (1) current Planning Commissioner chosen by the Planning Commission. An alternate Commissioner may be designated by the Planning Commission. 3. The Director of his/her designee. ord/04zoning/chap 244/8n3/04 1 4. The Public Works Director or his/her designee. B. Terms of Office. 1. At-large Members. The term of office for At-large members shall be our (4) years,,except as hereinafter provided. One At-large member shall be appointed in 1994, and each fourth year thereafter. One At-large member shall be appointed in 1994 for a two year term, and each fourth year thereafter. No At-large member shall serve more than two (2) consecutive terms, except that the current At-large member may be appointed for the two year term mentioned herein. At-large members may serve until their respective successors and appointed and qualified. An At-large member may be removed prior to the expiration of his/her term by a motion adopted by the City Council. 2. Planning Commission Member. The term of the Planning Commission member shall expire when such member ceases to be a member of the Planning Commission. A Planning Commission member may be removed prior to the expiration of his/her term by a motion adopted by the Planning Commission. Members may serve until their respective successors are appointed and qualified. C. Powers and Duties. It shall be the duty of the Board to review sketches, layouts, site plans, structural plans, signs, and architectural drawings in connection with any matter before the Board. The Board shall have authority to confer with the applicant or property owner concerning modifications of the. proposal, or conditions necessary to approval, and may approve, disapprove, or conditionally approve the proposal. The Board may recommend any matter before them to the discretionary body for consideration of the project. 244.06 Scope of Review A. In making its determination, the Board shall review and consider 1. The arrangement and relationship of proposed structures and signs to one another and to other developments in the vicinity; 2. Whether that relationship is harmonious and based on good standards of architectural design; 3. The compatibility in scale and aesthetic treatment of proposed structures with public district areas; 4. The adequacy of proposed landscaping, parking spaces, driveways, potential on-site and off-site parking and traffic impacts and other potential impacts upon the environment; 5. Elements of design affecting the performance characteristics of the proposed development; and ord/04zoning/chap 244/8/23/04 2 6. Whether energy conservation measures have been proposed and the adequacy of such measures, including, but not limited to, the use of active and passive solar energy systems. B. The Board may impose and/or recommend any conditions deemed reasonable and necessary to the approval of the.proposed development plan. 244.08 Required Plans and Materials Plans and materials to fully describe and explain the proposed development shall be submitted as required by the application form or by the Director, as deemed necessary. 244.09 Time Limit; Transferability, Discontinuance, A. Time Limit. A Design Review Board recommendation shall become null and void one year after its date of Director approval. If the initial application is in association with another discretionary permit said permit shall become null and void one year after the final action of the hearing body. SECTION 2. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a.regular meeting thereof held on the 15TH day of NOVEMBER , 2004. r ATTEST: APPROVED AS TO FORM: City Clerk. City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: LN City 6dministrator Director of Planning ord/04zoning/chap 2418/23/04 Ord. No. 3680 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN, the duly appointed, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 1st day of November, 2004, and was again read to said City Council at a regular meeting thereof held on the 15th day of November, 2004, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Winchell NOES: None ABSENT: None ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on November 25,2004. In accordance with the City Charter of said City Joan L. Flynn,City Clerk y Clerk and ex-officilherk Deputy City Clerk of the City Council of the City of Huntington Beach, California H. B. INDEPENDENT PUBLISH DATE: 11/25/04 CITY OF HUNTINGTON BEACH LEGAL NOTICE ORDINANCE NO. 3680 Adopted by the City Council on NOVEMBER 15, 2004 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 244 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED DESIGN REVIEW" SYNOPSIS: ZONING TEXT AMENDMENT NO. 03-02 CONSISTS OF A NUMBER OF AMENDMENTS TO THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TO STREAMLINE THE ENTITLEMENT PROCESS. THE ZONING TEXT AMENDMENT CODIFIES EXISTING POLICIES IN ADDITION TO CLARIFYING CERTAIN SECTIONS OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE. THE AMENDMENTS PROVIDE RELIEF TO THE BUSINESS COMMUNITY AND RESIDENTS WHILE ENSURING THAT ISSUES OF NEIGHBORHOOD COMPATIBILITY, AESTHETICS, ETC. STILL RECEIVE ADEQUATE CONSIDERATION. THE REMAINING ORDINANCES IN THE PERMIT STREAMLINING PHASE 2 THAT INCLUDE CHANGES TO 'PROVISIONAL DEVELOPMENT CRITERIA' HAVE BEEN DEFERRED TO THE JANUARY 3,2005 CITY COUNCIL MEETING. COPIES OF THIS ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held November 15, 2004 by the following roll call vote: AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Winchell NOES: None ABSENT: None This ordinance is effective 30 days after adoption. CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 714-536-5227 JOAN L. FLYNN, CITY CLERK ORDINANCE NO. 3 681 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 250 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED GENERAL PROVISIONS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Chapter 250 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: Chapter 25O <Generai Provisions Sections: 250.02 Citation and Authority 250.04 Consistency 250.06 Applicability 250.08 Exceptions 250.10 Definitions 250.12 Responsibilities 250.14 Map Requirements 250.16 Fees and Deposits 250.02 Citation and Authority This Title is adopted pursuant to Chapter XI, Section 7 of the California Constitution and to supplement and implement the Subdivision Map Act, Section 66410 et seq. of the Government Code. This title may be cited as the Subdivision Ordinance of the City of Huntington Beach. 250.04 Consistency No land shall be subdivided and developed for any purpose that is inconsistent with the Huntington Beach General Plan, the Local Coastal Program for development within the coastal zone, or any applicable specific plan of the City or that is not permitted by Titles 20-24, Zoning, or other applicable provisions of this Code. The type and intensity of land use as shown on the General Plan, and Local Coastal Program for land within the coastal zone, and any applicable specific plan shall determine, together with the requirements of the Subdivision Map Act and this Title, the type of streets, roads, highways, utilities, and other public services that the subdivider shall provide. s 250.06 Applicability The provisions set forth in this Title shall apply to all or parts of subdivisions within the City and to the preparation of subdivision maps and to other maps provided for by the Subdivision Map Act and this Title after the effective date of this Title. All subdivisions and any part thereof lying'within the City shall be made and all subdivision maps shall be prepared and presented for approval as provided for in this chapter. ord/04zoning/chap 250/8/23/04 1 All subdivisions and lot line adjustments located within the coastal zone that meet the definition of development as defined in Section 245.04(J) shall require approval of a coastal development permit. 250.08 Exceptions This chapter shall not apply to the items listed in Sections 66412, 66412.1, 66412.2 and 66412.5 of the Subdivision Map Act. However subject to the provisions of Section 66412(d) of the Subdivision Map Act, a lot line adjustment.between two or more existing adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created, provided that, the lot line adjustment is approved pursuant to Section 250.16B. 250.10 Definitions For the purposes of this Title, unless otherwise apparent from the context, certain words and phrases used in this Title are defined in this section as set forth below. All definitions provided in Chapters 1.04, 245.04, and 203 of the Municipal Code and all definitions provided in the Subdivision Map Act shall also be applicable to this Title and said definitions are hereby incorporated by this reference as though fully set forth herein. Access Rights. The right of abutting landowners or occupants to obtain access to an abutting public way. Acreage. Any parcel of land which is not a lot, as defined in this chapter, and those areas where a legal subdivision has not been made previously, or where a legal subdivision has declared such parcel as acreage. Block. .The area of land within-a subdivision, which area is entirely bounded by streets, highways or ways, except alleys, or the exterior boundary or boundaries of the subdivision. Certificate of Compliance. A valid authorization, issued by the City, stating that the subdivision of creation complies with City subdivision laws applicable at the time of creation or stating that the subdivision complies with the Subdivision Map Act and this Title. City Engineer. The City Engineer of the City of Huntington Beach. Collector Street. A street, intermediate in importance between a local street and an arterial highway, which has the purpose of collecting local traffic and carrying it to an arterial highway. Conversion. The creation of separate ownership of existing real property together with a separate interest in space of residential, industrial or commercial buildings. Cul-de-Sac. A local street, one end of which is closed and consisting of a circular turnaround. Day. A calendar day unless otherwise specified. Department. The Community Development Department of the City of Huntington Beach. Department of Public Works. The Department of Public Works of the City of Huntington Beach. Director. The Director of the Community Development Department of the City of Huntington Beach. Easement. A grant of one or more property rights by the owner to the City, a public entity, public utility, or private party. ord/04zoning/chap 250/8/23/04 2 Final Map. A map showing a subdivision of five or more parcels, prepared in accordance with the provisions of the Subdivision Map Act and this Title and designed to be placed on record in the office of the Orange County Recorder. Lot Line Adjustment. A minor shift or rotation of an existing lot line where a greater or lesser number of parcels than originally existed is not created. Merger. The joining of two or.more contiguous parcels of land under one ownership into one parcel. Parcel. A unit or portion of a unit of improved or unimproved land. Parcel Map. A map showing a subdivision of four or fewer parcels or a subdivision pursuant to the exceptions stated in Section 66426 of the Subdivision Map Act prepared in accordance with the provisions of the Subdivision Map Act and this Title and designed to be placed on record in the office of the Orange County Recorder. Parkway. That area between the curb face and abutting property line. Person. Any individual, firm, co-partnership,joint venture, organization, corporation, estate, trust, receiver, syndicate, this City, and any other public agency. Private Street. Any street or accessway which is privately held, maintained and utilized as access to a development. Remainder. That portion of an existing parcel which is not divided for the purpose of sale, lease, or,financing nor part of.the subdivision. Scenic-Easement. An easement dedicated to the City that protects a.view from a specific location or locations to a specific visual resource by prohibiting or limiting development. Service Road. A street adjacent to and providing access to an arterial highway. Standard Plans. Plans and engineering drawings for public improvements as adopted by the Department of Public Works. Standard Engineering Specifications. Specifications for public improvements adopted by the Department of Public Works. Subdivision Committee. The Subdivision Committee of the City of Huntington Beach. Subdivision Map Act. The provisions of Division 2, Subdivisions of the California Government Code, relating to subdivisions of.land and real property commencing with Section 66410. Tentative map. A map made for the purpose of showing the design and improvements of a proposed subdivision and the existing conditions in and around it precedent to the approval of a final map. Tentative map shall include a tentative parcel map, prepared pursuant to the provisions of this Title. s Usable Parcel Area. That portion of a parcel which does not exceed a slope of 10 percent. Any portion of the parcel exceeding 10 percent shall, for the purpose of this Title, be considered slope and not usable parcel area. Vesting Tentative May. A tentative map for a residential subdivision that has, printed conspicuously on its face, the words "vesting tentative map" at the time it is filed with the City, and is processed in accordance with the provisions of Chapter 252 of this Title. 250.12 Responsibilities ord/04zoning/chap 250/8/23/04 3 A. City Attorney. The City AttomeVs responsibilities shall include approving as to form all subdivision improvement agreements; covenants, codes, and restrictions; security, liability agreements and insurance; and all governing documents for a community apartment project, condominium, stock cooperative, or conversion. B. City Council. The City Council shall have final jurisdiction in the approval of final maps and improvement agreements and the acceptance by.the City of land and/or improvements as mav,be proposed for dedication.to the City for subdivisions of five or more parcels. The City Council shall act as the appeal board for hearing appeals of all subdivision maps acted upon by the Planning Commission. C. Planning Commission. The Planning Commission's responsibilities shall include approving, conditionally approving, or denying the application for tentative map approval of subdivisions of ten or more parcels. The Planning Commission shall act as the appeal board for hearing appeals of tentative parcel maps and tentative maps for subdivisions of 9 or fewer parcels. D. Zoning Administrator. The Zoning Administrator's responsibilities shall include the processing and approval, conditional approval or denial of tentative map approval of subdivisions of or less parcels, tentative parcel maps and waivers of parcel map requirements, mergers and certificates of compliance. E. City Engineer. The City Engineer's responsibilities shall include: I. , Establishing design and construction details, standards and specifications. 2. Determining if proposed subdivision improvements comply with the provisions of the Subdivision Map Act and this Title. 3. The processing and certification of final maps, reversion to acreage maps, and amended maps and the processing and approval of subdivision improvement plans. 4. Examining and certifying that final maps are in substantial compliance with the approved tentative map. 5. Final jurisdiction in the approval of parcel maps and certification of lot line adjustments. 6. The inspection and approval of subdivision public improvements. 7. The acceptance of dedications and public improvements for subdivisions by parcel map, and off-site dedications lying outside.a subdivision boundary which require a separate grant deed. 8. Collection of all required fees and deposits associated with final maps and parcel maps except park and recreation fees. F. Director. The Director's responsibilities shall include the processing of tentative maps and lot line adjustments. 1. Determinations of violations of the provisions of the Subdivision Map Act or this Title. ord/04zoning/chap 250/8/23/04 4 2. The management of the Planning Division in carrying out the responsibilities imposed upon it by this Title. When necessary to carry out the Director's responsibilities hereunder, the Director may designate and authorize a representative to act on his or her behalf. 3. Collection of park and recreation fees and fees associated with tentative maps.. G. Subdivision Committee. The Subdivision Committee's responsibilities shall include examining and determining that tentative and vesting tentative maps comply with the provisions of the Subdivision Map Act, this Title, the Local Coastal Program for maps located within the coastal zone, and the City's General Plan, and recommending approval, disapproval, or conditional approval of tentative or vesting tentative maps to the Planning Commission or Zoning Administrator. The Subdivision Committee shall consist of the following members or their authorized representatives: 1. The Director who shall serve as chairperson and secretary; 2. The City Engineer; 3. The Fire Chief, and 4. Three members of the Planning Commission. Representatives from other departments shall attend meetings when requested to do so by.the Subdivision Committee. H. Coastal Commission. The Coastal Commission shall have appeal jurisdiction over coastal development permits approved for all subdivisions and lot line adjustments located within the appealable area of the coastal zone that constitute development as defined in Section 245.04(J). 250.14 Map Requirements A. Tentative and Final Map. A tentative and final map shall be required for all subdivisions creating five or more parcels, five or more condominiums as defined in Section 783 of the Civic Code, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units.. Exceptions as stated in Section 66426.of the Subdivision Map Act shall comply with Subsection B. B. Tentative and Parcel Map. A tentative and parcel map shall be required for all divisions of land into four or fewer parcels and exceptions stated in Section 66426 of the Subdivision Map Act. However parcel maps shall not be required for: J 1. Subdivisions of a portion of the operating right-of-way of a railroad corporation, which are created by short-term leases terminable by either party on not more than 30 days' notice in writing. 2. Land conveyed to or from a governmental agency, public entity or-public utility, or for land conveyed to a subsidiary of a public utility-for conveyance to such public utility for rights-of-way, unless a showing is made by the Department in individual cases, upon substantial evidence, that public policy necessitates a parcel map. If a parcel map is not required, the dedication or offer must be indicated by a separate instrument. ord/04zoning/chap 250/8/23/04 5 3. Lot line adjustments, provided: a. No additional parcels or building sites are created; b. The resulting parcels conform to Titles 20-24 (Zoning) of this Code; c. The lot line adjustment shall not sever,any existing structure on either of the two parcels. d. The lot line adjustment shall not allow a greater number of dwelling units than allowed prior to the adjustment. e. The lot line adjustment is approved by the Director or by the Planning Commission on appeal: and f. A plat map showing the lot line adjustment is prepared, approved, and filed in accord with the provisions of Section 253.24. 4. Parcel maps waived by the Zoning Administrator as provided by Section 251.20. C. Designation of Remainder Parcel. Nkhen a subdivision includes a remainder parcel as provided in Section 66424.6 of the Subdivision Map Act, the remainder parcel shall be in conformance with Titles 20-24 and shall require a Certificate of Compliance as provided by Section 258.06. 250.16 Fees and Deposits All persons submitting maps as required by this chapter shall pay all fees and/or deposits as provided by this Title and by the City Council resolution establishing applicable fees and charges. SECTION 2. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 1 STH day of NnVEMBER , 2004. Yo ATTEST: APPROVED AS TO FORM: vwme"'City C erk City A orney r 2.316(l REVIEWED AND APPROVED: Iiv ED AND APPROVED: City Mministrator Director of Planning ord/04zoning/chap 250/8/23/04 6 Ord. No. 3681 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON.BEACH ) I, JOAN L. FLYNN, the duly appointed, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 1st day of November, 2004, and was again read to said City Council at a regular meeting thereof held on the 15th day of November, 2004, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Winchell NOES: None ABSENT: None ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on November 25,2004. In accordance with the City Charter of said City ; Joan L. Flynn,City Clerk CUY Clerk and ex-officio Jerk Deputy City Clerk of the City Council of the City of Huntington Beach, California H. B. INDEPENDENT PUBLISH DATE: 11/25/04 CITY OF HUNTINGTON BEACH LEGAL NOTICE ORDINANCE NO. 3681 Adopted by the City Council on NOVEMBER 15, 2004 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 250 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED GENERAL PROVISIONS" SYNOPSIS: ZONING TEXT AMENDMENT NO. 03-02 CONSISTS OF A NUMBER OF AMENDMENTS TO THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TO STREAMLINE THE ENTITLEMENT PROCESS. THE ZONING TEXT AMENDMENT CODIFIES EXISTING POLICIES IN ADDITION TO CLARIFYING CERTAIN SECTIONS OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE. THE AMENDMENTS PROVIDE RELIEF TO THE BUSINESS COMMUNITY AND RESIDENTS WHILE ENSURING THAT ISSUES OF NEIGHBORHOOD COMPATIBILITY, AESTHETICS, ETC. STILL RECEIVE ADEQUATE CONSIDERATION. THE REMAINING ORDINANCES IN THE PERMIT STREAMLINING PHASE 2 THAT INCLUDE CHANGES TO `PROVISIONAL DEVELOPMENT CRITERIA' HAVE BEEN DEFERRED TO THE JANUARY 3, 2005 CITY COUNCIL MEETING. COPIES OF THIS ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held November 15, 2004 by the following roll call vote: AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Winchell NOES: None ABSENT: None This ordinance is effective 30 days after adoption. CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 714-536-5227 JOAN L. FLYNN, CITY CLERK November 2,2004 ORDINANCE NO. 3 6 91 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 248 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED NOTICES, HEARINGS, FINDINGS, DECISIONS AND APPEALS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Chapter 248 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: hC`hapte ,� � sHea��ngs �i#n, n: s D�ecrsron�and�A eals �„: Sections: 248.02 Director's Duty to Give Notice 248.04 Notice Requirements 248.06 Rules Governing Conduct of Hearing, Opportunity to be Heard and Burden of Proof 248.08 Requirement that Findings be Made Upon Grant of Application 248.10 Time and Manner of Decision 248.12 Time Limit on Reapplication for Same Matter 248.14 Denial Without Prejudice 248.16 Finality of Decision and Time for Appeal 248.18 Designation of Hearing Body on Appeal 248.20 Appeal of Decision 248.22 Appeal of a Failure to Act 248.24 Appeal of Decision Not Otherwise Provided For 248.26 Fee for Appeal 248.28 Appeal by City Council Members or Planning Commissioner 248.30 Effective Date of Decision 248.02 Director's Duty to Give Notice Within sixty(60) days after final environmental evaluation the Director shall give the notice of public hearing required by law. The form of the notice shall contain: A. The date, time and place of the hearing; B. A general explanation of the matter to be considered, including a general description of the area affected; C. Other information which is required by statute or specific provision of this code or which the Director considers necessary or desirable. ord/04zoning/CHP 248 1 Ordinance No. 3691 November 2,2004 248.04 Notice Requirements Type of Action Notice Requirement* Reference to Notice Requirement A. General Plan Adoption or Amendment 65090, 65091 65353 B. Zoning Ordinance Planning Commission(Gen.) 65090 65853--65857 Planning Commission(Uses) 65090, 65091 65853--65957 City Council 65090 65853--65857 C. Variance, 65091 65905 development agreement, special sign permit, revocation, modification, or appeal D. Conditional Use Permits 65091 with 500 foot 65905 notification radius E. Subdivision 65090, 65091 66451.3(a) F. Home occupation revocation 65091 65905 *References are to the Government Code These notice requirements are declaratory of existing law. If state law prescribes a different notice requirement, notice shall be given in that manner. A reviewing body designated to hear a matter may direct that notice be given in a manner that exceeds the notice requirement prescribed by state law. Public notice requirements for coastal development permits shall be as described in Section 245.20 or 245.22. (3334) 248.06 Rules Governing Conduct of Hearing: Opportunity to be Heard and Burden of Proof Public hearings shall comply with minimum procedural standards prescribed by Government Code section 65804. Each person interested in a matter that is the subject of a public hearing shall be given an opportunity to be heard. In each case, the applicant has the burden of proof at the public hearing on the application and at the public hearing on the appeal. 248.08 Requirement that Findings be Made Upon Grant of Application A. In each case where a reviewing body is designated to make a decision of an adjudicatory nature as the result of a proceeding in which a hearing is required by state law or this ordinance code to be given,the body shall make findings to support its decision. B. Subsection A applies only to a determination made in the reviewing body's adjudicatory capacity. It does not apply to an action of a legislative nature such as a ord/04zoning/CHP 248 2 ordinance No. 3691 November 2,2004 recommendation for an adoption of a zoning or subdivision provision. The existence or non-existence of a determination in connection with a legislative action does not affect the validity of that action unless otherwise directed by state law. 248.10. Time and Manner of Decision A. Form. After hearing the evidence and considering the application, the reviewing body, i.e., Zoning Administrator, Planning Commission, or City Council, shall make its decision. The decision shall be in the form of a written statement, minute order or resolution and shall be accompanied by reasons sufficient to inform as to the basis for the decision. B. Time. The reviewing body shall formulate its written findings within 5 calendar days after the decision. C. Notice of Decision. The Director shall have notice of the decision mailed to the applicant at the address given in the application and to each person who requests in writing notice of the proceedings within 5 working days of the decision, excluding weekends and holidays. The Director shall also have notice of the decision posted and distributed to the Planning Commission and City Council within 48 hours of such decision. D. Acceptance is Applicant's Agreement. The applicant's acceptance of the decision is an agreement to comply with the decision and its terms and conditions. 248.12 Time Limit on Reapplication for Same Matter If an application is denied and the decision is final, no person may file a new application for substantially the same request for a period of one year from the date the action of the city is final except as provided in section 248.14 for denial "without prejudice." 248.14 Denial Without Prejudice If the application is denied "without prejudice," the applicant may reapply for substantially the same request without complying with the time limit prescribed in section 248.12. 248.16 Finality of Decision and Time for Appeal A decision on a discretionary approval is not final until the time for appeal expires. The time for appeal from a decision by the Zoning Administrator, the Environmental Assessment Committee, Subdivision Committee, Design Review Board, or the Planning Commission shall be filed within ten calendar days after the date of the decision. Appeals may not be processed on actions which must be heard by and receive final action by the City Council, except that coastal development permits for development located in the appealable area of the coastal zone may be appealed to the Coastal Commission as described in Section 245.32. (3334) ord/04zoning/CHP 248 3 Ordinance No. 3691 November 2,2004 248.18 Designation of Hearing Body on Appeal The Planning Commission shall hear an appeal from the decision of the Director, Zoning Administrator, Design Review Board, Environmental Assessment Committee, and Subdivision Committee. The City Council shall hear an appeal from the decision of the Planning Commission. The decision of the City Council is final, except that coastal development permits for development located in the appealable area of the coastal zone may be appealed to the Coastal Commission. (3334) 248.20 Appeal of Decision A. Notice of Appeal. A person desiring to appeal a decision shall file a written notice of appeal with the Director within the time required by section 248.16 except an appeal to the Planning Commission's decision shall be filed with the City Clerk. This section shall not apply to any action which must be heard by the City Council whether or not an appeal from the Planning Commission is filed. B. Form of Notice on Appeal. The notice of appeal shall contain the name and address of the person appealing the action, the decision appealed from and the grounds for the appeal. The Director may provide the form of the notice of appeal. A defect in the form of the notice does not affect the validity or right to an appeal. C. Action on Appeal. The Director or City Clerk shall set the matter for hearing before the reviewing body and shall give notice of the hearing on the appeal in the time and manner set forth in Sections 248.02 and 248.04. D. De Novo Hearin. The reviewing body shall hear the appeal as a new matter. The original applicant has the burden of proof. The reviewing body may act upon the application, either granting it, conditionally granting it or denying it, irrespective of the precise grounds or scope of the appeal. In addition to considering the testimony and evidence presented at the hearing on the appeal,the reviewing body shall consider all pertinent information from the file as a result of the previous hearings from which the appeal is taken. E. Decision on Appeal. The reviewing body may,reverse or affirm in whole or in part, or may modify the order, requirement, decision, or determination that is being appealed. 248.22 Appeal of Failure to Act An applicant may appeal the failure of the Zoning Administrator, Design Review Board, Environmental Assessment Committee, Subdivision Committee or Planning Commission to act on an application if the failure to act continues beyond a reasonable time and the time to act is not otherwise fixed by law. The appeal body shall consider all of the circumstances surrounding the application in determining what is a reasonable time. 248.24 Appeal of Decision Not Otherwise Provided For A. Any person may appeal a decision, requirement or determination made by the Director in the administration of the zoning and subdivision ordinances not otherwise provided for in the individual titles of this code. The Planning Commission shall hear the appeal in the first instance. The appeal shall be in writing, Filed with the Director and shall specifically set forth the decision appealed from and the grounds for the appeal. The ord/04zoning/CHP 248 4 Ordinance No. 3691 November 2,2004 notice of appeal shall be filed within ten calendar days of the date of the action appealed. B. The notice of appeal shall be in the form provided by Section 248.20 A and B. The Director shall schedule the appeal for consideration by the Planning Commission within 30 calendar days and shall give the appellant ten calendar days notice of the time and place of the hearing. The decision of the Planning Commission may be appealed to the City Council. 248.26 Fee for Appeal The notice of appeal shall be accompanied by the fee fixed by resolution of the City Council. 248.28 Appeal by City Council Member or Planning Commissioner A. A City Council member or a Planning Commissioner may appeal a decision of the Director, Design Review Board, Environmental Assessment Committee, Subdivision Committee, Planning Commission or Zoning Administrator. The appeal shall be processed in the same manner as an appeal by any other person but need not be accompanied by the fee prescribed for an appeal. B. The City Council member or Planning Commissioner appealing the decision is not disqualified by that action from participating in the appeal hearing and the deliberations nor from voting as a member of the reviewing body. 248.30 Effective Date of Decision A decision on a discretionary approval becomes effective at the end of the appeal period. The decision of the City Council is final on the date of its decision, except that decisions on coastal development permits for development located in the appealable area of the coastal zone,the effective date is the day after the Coastal Commission appeal period expires and no appeals were filed or the date upon which final action on the appeal occurs. (3334) SECTION 2. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 6th day of December , 2004. a ATTEST: APPROVED AS TO FORM: City Clerk City Attorney U 11/9/Qy REVIEWED AND APPROVED: INITIA D AND APPROVED: City dministrator U Director of Planning ord/04zoning/CHP 248 5 Ord. No. 3691 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 15th day of November, 2004, and was again read to said City Council at a regular meeting thereof held on the 6th day of December,2004, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook NOES: None ABSENT: None ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on December 16,2004. In accordance with the City Charter of said City Q00— Joan L. Flynn,City Clerk CfjClerk and ex-officio eVerk Deputy City Clerk of the City Council of the City of Huntington Beach, California PROOF OF PUBLICATION OF STATE OF CALIFORNIA) HUNTI(1T ' NGTOONN BEACH i ) s s. LEGAL NOTICE ORDINANCE NO.3669 COUNTY OF ORANGE ) Adopted by the City Council on NOVEMBER 19,2004 "AN ORDINANCE OF THE am a Citizen of the United States and a BI F HUNTINGTON EACH AMENDING resident of the County aforesaid; I am CHAPTER 204 OF THE HUNTINGTON BEACH ZONING AND SUBDIVI- over the age of eighteen years, and not a SION ORDINANCE ENTI- TLED USE CLASSIFICA- party to or interested in the below entitled SYNOPSIS: matter. I am a principal clerk of the AMENDMENT NOT03 02 CONSISTS OF A NUMBER HUNTINGTON BEACH INDEPENDENT, OF AMENDMENTS TO THE HUNTINGTON a newspaper of general circulation, BEACH ZONING AND /� SUBDIVISION ORDI- printed and published in the City of THE TO STREAMLINE THE TO THE Huntington Beach, County of Orange, TEOXTSS.AMENDMEINT State of California, and that attached CODIFIES EXISTING POLICIES IN ADDITION Notice Is a true and complete copy as TO CLARIFYING CERTAIN SECTIONS OF THE was printed and published In the ZONING GTON BEACH HUNTZONING AND SUBDIVI- SION ORDTHE AINANCE. ENTS Huntington Beach Issue of said 'PROVIDE ELEFFMENDnTOTHE BUSINESS COMMUNITY newspaper to wit the Issue(s) of: AND RESIDENTS WHILE ENSURING THAT ISSUES !OF NEIGHBORHOOD COMPATIBILITY, AES- THETICS, ETC. STILL i RECEIVE ADEQUATE CONSIDERATION. THE REMAINING OR- ` NOVEMBER 25, 2004 MIT TES IN THE PER- IIT STREAMLINING PHASE 2 THAT INCLUDE CHANGES TO 'PROVI- SIONAL DEVELOPMENT CRITERIA' HAVE BEEN DEFERRED TO THE JANUARY 3, 2005 CITY COUNCIL MEETING. COPIES OF THIS OR- declare, under penalty of perjury, that DINAABLE E ARE AVAIL- CITY ABLE IN THE CITY CLERK'S OFFICE. the foregoing is true and correct. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held;November Executed on november 25, 2004 15,2004 by the following roll call vote: AYES:-Sullivan, Coerp- at Costa Mesa, California. or, Hardy,, Green, Boardman,_ Gook. 'Winchell - NOES:None ABSENT:None This ordinance is effective 30 days after Signature adoption.CITY OF `HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 + I 714-536-5227 JOAN L.FLYNN, CITY CLERK Published Huntington Beach Independent No- vember 25,2004 114-229 PROOF OF PUBLICATION STATE OF CALIFORNIA) _ ) ss. - — CITY OF COUNTY OF ORANGE HUNTINGTON ON BEACH ) LEGAL NOTICE ORDINANCE NO.3673 Adopted by the City Council I am a Citizen of the United States and a on NOVEMBER 15,2004 "AN OF THE resident of the County aforesaid; I am CITY O OFNANCE HUNTINGTON BEACH AMENDING over the age of eighteen years, and not a CHAPTER 214 OF THE HUNTINGTON BEACH party to or interested in the below entitled ZONING AND SUBDIVI- SION ORDINANCE ENTI- matter. I am a principal clerk of the PUB PS PUBLIC-SEMI PUBLIC DISTRICTS" HUNTINGTON BEACH INDEPENDENT, SZONSING TEXT AMENDMENT NO. 03-02 a newspaper of general circulation, CONSISTS OF A NUMBER printed and published in the City of OF AMENDMENTS TO THE HUNTINGTONi /� BEACH ZONING AND. Huntington Beach C >ounty of Orange SUBDIVISION ORDI- > NANCE TO STREAMLINE I State of California and that attached THE ENTITLEMENT. r PROCESS. THE ZONING TEXT AMENDMENT Notice Is a true and complete copy as CODIFIES EXISTING POLICIES IN ADDITION was printed and published In the TO CLARIFYING CERTAIN SECTIONS OF THE, Huntington Beach issue of said HUNTINGTON BEACH 9 ,ZONING AND •SUBDIVI- newspaper to wit the Issue(s) of. SI THEON AMEDINAND ; THE MENDMENTSi PROVIDE RELIEF TO THE BUSINESS COMMUNITY 'AND RESIDENTS WHILE ENSURING THAT ISSUES OF NEIGHBORHOOD COMPATIBILITY, AES- THETICS', ETC. STILL RECEIVE NOVEMBER 25, 2004 CONSIDERATION.QUATE THE REMAINING OR- DINANCES IN THE PER- MIT STREAMLINING PHASE 2 THAT INCLUDE CHANGES TO 'PROVI- SIONAL DEVELOPMENT! CRITERIA' HAVE BEEN declare, under penalty of perjury, that DEFERRED TO 00 THE JANUARY 3, 2005 CITY the foregoing is true and correct. COUNCIL MEETING. COPIES OF THIS OR- DINANCE ARE AVAIL- ABLE IN THE CITY CLERK'S OFFICE. Executed on november 25, 2004 PASSED AND ADOPTED by the City Council of the City of Huntington at Costa Mesa California. Beach at a regular f ,meeting held November 15,2004 by the following roll call vote: AYES: Sullivan, Coerp- er, Hardy, Green, Boardman, Cook, W inchell Signature 'NOES:None ABSENT: one This ordinance is ef- fective 30 days after adoption. CITY OF HUNTINGTON BEACH 2000,MAIN STREET HUNTINGTON BEACH, CA 92648 714-536-5227 JOAN L.FLYNN, CITY CLERK Published Huntington ;Beach Independent No vember 25,2004 114-230 PROOF OF PUBLICATION STATE OF CALIFORNIA cmoF HUNTINGTON BEACH s s. LEGAL NOTICE COUNTY OF ORANGE opteNCENot adoptedd b by�City cillnKll on NOVEMBER 15,2004 "AN ORDINANCE OF THE F HUNTINGTON am a Citizen of the United States and a BEACH AMENDING F THE resident of the County aforesaid; I am HUNTINGTON OBEACI ZONING AND SUBDIVI, over the age of eighteen years, and not a SION ORDINANCE ENTI TLED FP FLOODPLAIP party to or interested in the below entitled OVERLAY DISTRICT" SYNOPSIS: ZONING EX' matter. I am a principal clerk of the AMENDMENT NOT03-0; HUNTINGTON BEACH INDEPENDENT CONSISTS OF A NUMBER , OF AMENDMENTS T0- THE TOW, a newspaper of general circulation, BEACHHUNTI ZO I GG AND, printed and published in the City of NANCEITOSSTRE MLNIEJ Huntington Beach, County of Orange, THE ENTITLEMENT PROCESS. THE ZONING State of California, and that attached TEXT AMENDMENT CODIFIES EXISTING POLICIES IN' ADDITION TO CLRIF Notice is a true and complete copy as SECTIONSN OFERTAIN THC' was printed and published in the ,HUNTINGTONIAND SuaoVI, i Huntington Beach issue of said SITHE E.AM N D THE AMENDMENTS PROVIDE RELIEF TO THE! newspaper to wit the Issue(s) of: BUSINESS COMMUNITY, AND RESIDENTS WHILE' ENSURING THAT,ISSUES, OF NEIGHBORHOOD COMPATIBILITY, AES­ THETICS, ETC. STILL' •RECEIVE ADEQUATE CONSIDERATION. THE REMAINING OR- NOVEMBER 25 2004 DINANCES IN THE PER'-' MIT STREAMLINING.' PHASE 2 THAT INCLUDE,,, CHANGES TO 'PROVI SIONAL DEVELOPMENT— CRITERIA' HAVE BEEN DEFERRED TO THE.i JANUARY,3, 2005 CITY, COUNCIL MEETING. declare f under penalty of perjury, that COPIES A THIS IL- -ABLECIN AT.HEACITY,,1 the foregoing is true and correct. C PASSED AND ADOPTED'i by the City Council of the City of Huntington.i Beach at a regulars Executed on november 25, 2004 meeting held November 15,2004 by the'following � roll call vote: at Costa Mesa, California. AYES: Sullivan, Coerp- er, Hardy, Green,' Boardman, Cook,., Winchell < NOES:None ABSENT:None This ordinance is.- effective 30 days after •i Signature adoption. CITY OF HUNTINGTON BEACH i 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 714-536-5227 JOAN L.FLYNN, CITY CLERK Published Huntington" Beach Independent No- vember 25,2004 114-231 PROOF OF PUBLICATION STATE OF CALIFORNIA) CITY OF ) ss. HUNTINGTON BEACH LEGAL NOTICE COUNTY OF ORANGE ) ORDINANCE NO.3611 Adopted by the City Council on NOVEMBER 15,2004 am a Citizen of the United States and a "AN ORDINANCE CITY OF HUNTININ THEGTONBEACH NG resident of the County aforesaid, I am CHAPTER 2231 OF THE over the age of eighteen years, and not a HUNTINGTON ZONING AND SUBDIVI- SION ORDINANCE ENTI- party to or interested in the below entitled TLED OFF-STREET PARKING AND LOADING matter. I am a principal clerk of the PROVISIONS" SYNOPSIS: HUNTINGTON BEACH INDEPENDENT, - ZONING T E X T i AMENDMENT NO. 03-02 a newspaper of general circulation, i CONSISTS OF A NUMBER OF AMENDMENTS TO printed and published in the City of THE HUNTINGTON BEACH ZONING AND Huntington Beach County of Orange SUBDIVISION ORDI- > > NANCE TO STREAMLINE State of California, and that attached THE PROCESS..ENTITLEMENT THE ZONING TEXT AMENDMENT Notice Is a true and complete copy as CODIFIES EXISTING POLICIES IN ADDITION was printed and published In the TO CLARIFYING CERTAIN SECTIONS OF THE Huntington Beach issue of said ZONING HUNTINGTON BEACH ONING AND 'SUBDIVI- SIONnewspaper to wit the Issue(s) of: ORAMENCDMENTS PROVIDE RELIEF TO THE BUSINESS COMMUNITY AND RESIDENTS WHILE ENSURING THAT ISSUES OF NEIGHBORHOOD COMPATIBILITY, AES- THETICS, ETC. STILL RECEIVE NOVEMBER 25, 2004 CONSIDERATION.QUATE THE REMAINING OR- DINANCES IN THE PER- MIT STREAMLINING PHASE 2 THAT.INCLUDE CHANGES TO 'PROVI- SIONAL DEVELOPMENT CRITERIA' HAVE BEEN. DEFERRED TO THE I declare, under penalty of perjury, that I COUNCIL MEETING, CITY COPIES OF THIS OR- the foregoing is true and correct. DINANCE ARE AVAIL- ABLE IN THE CITY CLERK'S OFFICE. PASSED AND ADOPTED by the City Council of Executed on november 25, 2004 the City of Huntington Beach at a regular at Costa Mesa California. meeting held November � 15,2004 by the following roll call vote: AYES: Sullivan, Coerp- er, Hardy, Green, Boardman, Cook, Winchell NOES:None Signature ABSENT:None �7 This ordinance is effective 30 days after adoption. CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 714-536-5227 JOAN L.FLYNN, CITY CLERK Published Huntington Beach Independent No- vember 25,2004 114-232 PROOF OF PUBLICATION STATE OF CALIFORNIA) cmroE ) ss. NOTICE Hll LEGAL tINGTON EACH COUNTY OF ORANGE ) OBINANCENO.3679 Adopted by the City council on NOVEMBER 15,2004 "AN INCE OF THE am a Citizen of the United States and a CI YOROF HUNTINGTON BEACH AMENDING resident of the County aforesaid; I am CHAPTER 236 OF THE HUNTINGTON BEACH over the age of eighteen years, and not a ZONING AND SUBDIVI- SION ORDINANCE ENTI- party to or interested in the below entitled TLED NONCONFORMING USES AND STRUCTURES" matter. I am a principal clerk of the S ZNO N I N G TEXT AMEND HUNTINGTON BEACH INDEPENDENT, CONSISTIS OF A NUMBER OF AMENDMENTS TO a newspaper of general circulation, THE HUNTINGTON BEACH ZONING AND printed and published in the City of SUBDIVISION ORDI- NANCE TO STREAMLINE Huntington Beach, County of Orange, THE ENTITLEMENT PROCESS. THE ZONING State of California, and that attached TEXT AMENDMENT CODIFIES EXISTING Notice Is a true and com lete co POLICIES IN ADDITION p PY as TO CLARIFYING CERTAIN SECTIONS THE was printed and published in the HUNTINGTONO BEACH ZONING AND Huntington Beach issue of said SON ORD NANCEUBDIVI- THE AMENDMENTS newspaper to wit the Issue(s) of. PROVIDE RELIEF TO THE BUSINESS COMMUNITY AND RESIDENTS WHILE ENSURING THAT ISSUES OF NEIGHBORHOOD COMPATIBILITY, AES- THETICS, ETC. STILL' RECEIVE ADEQUATE CONSIDERATION. NOVEMBER 25, 2004 THE REMAINING OR- DINANCES IN THE PER- MIT STREAMLINING PHASE 2 THAT INCLUDE CHANGES TO 'PROVI- SIONAL DEVELOPMENT CRITERIA' HAVE BEEN DEFERRED TO THE JANUARY 3, 2005 CITY COUNCIL MEETING. declare, under penalty of perjury that COPIES THIS - , DINANCE A ARE AVAILL- ABLE IN THE the foregoing is true and correct. CLERK'S OFFICE. CITY PASSED AND ADOPTED by the City Council of the City of Huntington Executed on november 25, 2004 Beach at a regular meeting held November at Costa Mesa, California. roll call call by the following rol by AYES: Sullivan, Coerp- er, Hardy, Green, Boardman, Cook, Winchell NOES:None ABSENT:None Signature This ordinance is effective 30 days after adoption. CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, , CA 92648 714-536-5227 JOAN L.FLYNN, CITY CLERK Published Huntington Beach Independent No- vember 25,2004 114-233 PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE -CITYSECT DNS) THE am a Citizen of the United States and a HUNTINGTONBEACH I'I NTINGTONO BEACH AND resident of the County aforesaid; I am �Eca<NoncE 'S ONI NG ORDINANCEUBDIVI- ORDINANCE NO.3680 1 THE AMENDMENTS over the age of eighteen years, and not a Adopted by the CityC=dl 'PROVIDE SS RELIEF TOCOMMU HE party to or interested in the below entitled TY onNODINANCEVEAIIBER OF AND RESIDENTS WHILE "AN ORDINANCE OF THE ENSURING THAT ISSUES CITY OF HUNTINGTON OF NEIGHBORHOOD matter. I am a principal clerk of the BEACH AMENDING COMPATIBILITY, AES- CHAPTER 244 OF THE THETICS, ETC. STILL HUNTINGTON BEACH INDEPENDENT, HUNTINGTON BEACH RECEIVE ADEQUATE ZONING AND SUBDIVI- CONSIDERATION. a newspaper of general circulation, SION ORDINANCE ENTI THE REMAINING OR-' TLED DESIGN REVIEW" DINANCES IN THE PER- printed and published in the City Of SYNOPSIS: MIT STREAMLINING' Z O N I N G T E X T PHASE 2 THAT INCLUDE Huntington Beach County of Orange AMENDMENT NO.NUMBER CHANGES TO 'P ENT > > 'CONSISTS OF A NUMBER SIONAL DEVELOPMENT State of California, and that attached TTHEAMEND HUNOF ITINTGTON DEIFERIREDAVE TO BEEN TO BEACH ZONING ANDIJANUARY 3, 2005 CITY Notice is a true and complete copy as SUBDIVISION ORDI-I COUNCIL MEETING. NANCE TO STREAMLINE COPIES OF THIS OR- was printed and published In the. THE ENTITLEMENT DINANCE ARE AVAIL- PROCESS. THE ZONING ABLE IN THE CITY Huntin ton Beach Issue of said TEXT AMENDMENT I CLERK'S OFFICE. g CODIFIES EXISTING PASSED AND ADOPTED POLICIES IN ADDITION by the City Council of newspaper to wit the Issue(s) of. TO CLARIFYING CERTAIN the City of Huntington Beach at a regular meeting held November 15,2004 by the following roll call vote: AYES: Sullivan, Coerp- er, Hardy, Green, -Boardman, Cook, Win hell NOVEMBER 25, 2004 NOES:None ABSENT:None This ordinance As effective 30 days after adoption., CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 1 declare, under penalty of perjury, that 714 536 5227 the foregoing is true and correct. JOAN L.FLYNN, CITY CLERK RK Published Huntington Beach Independent No- vember 25,2004 114-234 Executed on november 25, 2004 at Costa Mesa, California. Signature ra PROOF OF PUBLICATION STATE OF CALIFORNIA) CITY OF ) ss. HUNTINGTON BEACH COUNTY OF ORANGE ) LEGAL NOTICE ORDINANCE NO.3681 Adopted by the City Council am a Citizen of the United States and a on NOV 04 on ORDINANCE NANCE O OFF THE resident of the County aforesaid; I am CITY OF HUNTINGTON BEACH AMENDING F THE over the age of eighteen years, and not a HUNPTINGTO° OBEACH ZONING AND SUBDIVI- pal..}party to or Interested In the below entitled SION ORDINANCE ENTI- TLED GENERAL PROVI- matter. I am a principal clerk of the SYNO" SYNOPSIS: HUNTINGTON BEACH INDEPENDENT, AMENDMENTZONING - EXT NOT03 02 OF A a newspaper of general circulation, OF AMT NDMENTS NUMBER TO THE HUNTINGTON printed and published in the City of BEACH ZONING AND SUBDIVISION ORDI- Huntington Beach, County of Orange, 'THETHE TO ON TO State of California and that attached PROCESS. THE ZONING , TEXT AMENDMENT CODIFIES EXISTING Notice Is a true and complete copy as POLICIES IN ADDITION TO CLARIFYING CERTAIN was printed and published in the SECTIONS OF THE HUNTINGTON BEACH Huntington Beach Issue of said ZONING AND, SUBDIVI- SION ORDINANCE. newspaper to wit the Issue(s) of: THE AMENDMENTS PROVIDE RELIEF TO THE BUSINESS COMMUNITY AND RESIDENTS WHLE ENSURING THAT ISSUES OF NEIGHBORHOOD COMPATIBILITY, AES- THETICS, ETC. STILL RECEIVE ADEQUATE NOVEMBER 25, 2004 CONSIDERATION. THE REMAINING OR- DINANCES IN THE PER- MIT STREAMLINING PHASE 2 THAT INCLUDE CHANGES TO 'PROVI- SIONAL DEVELOPMENT CRITERIA' HAVE BEEN IDEFERRED TO THE JANUARY 3, 2005 CITY declare, under penalty of perjury, that CCOPIESOUNCIL MOFTTHIS OR- DINANCE ARE AVAIL- the foregoing is true and correct. ABLE IN THE CITY CLERK'S OFFICE, PASSED AND ADOPTED by the City Council of Executed on november 25 i 2004 the city Beach a t Huntington t a regular meeting held. November at Costa Mesa, California. 15,2004 by the following roll call vote: AYES: Sullivan, Coerp- er, Hardy, Green, Boardman, Cook, Winchell NOES:None ABSENT:None Signature This ordinance is ef- fective 30 days after ; adoption. CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, ; CA 92648 714-536-5227 JOAN L.FLYNN, CITY CLERK Published Huntington Beach Independent No- vember 25,2004 114-235 PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) CITY OF I am a Citizen of the United States and a HUNTINGTON BEACH LEGAL NOTICE resident of the County aforesaid; I am ORDINANCE NO.3691 over the age of eighteen years, and not a AdWWby*e(IlyCo=il on DE(EMBER 6,2004 party to or interested in the below entitled "AN ORDINANCE OF THE CITY OF HUNTINGTON matter. I am a principal clerk of the BEACH AMENDING CHAPTER 248 OF THE HUNTINGTON BEACH INDEPENDENT HUNTINGTON BEACH � ZONING AND SUBDIVIANCE - a newspaper of general circulation, TLOED NOTICES,ES, HEAR- INGS I, FINDINGS, DECI- printed and published in the City of SIONS AND APPEALS." SYNOPSIS: Huntington Beach, County of Orange, ORDINANCE NUMBER 3691 AMENDS CHAPTER State of California, and that attached 248 OF THE N HUNTING-TON BEEACH ZO NING AND TON Notice Is a true and com lete co SUBDIVISION ORDI- NANCE REQUIRING A 500- NOTIF- was printed and published in the CATION ON ADIUS FFOR CONDI- TIONAL USE PERMITS Huntington Beach Issue of said THE AMENDMENT PROVIDES RELIEF TO newspaper to wit the Issue(s) of: THE BUSINESS COM- MUNITY AND RESIDENTS WHILE ENSURING THAT ISSUES OF NEIGHBOR- HOOD COMPATIBILITY, AESTHETICS, ETC. STILL RECEIVE ADEQUATE DECEMBER 16 , 2004 CADDITIIOTNAL ORDI- NANCES IN THE PERMIT STREAMLINING PHASE 2 THAT INCLUDE CHANGES TO 'PROVISIONAL DE- VELOPMENT CRITERIA' HAVE BEEN DEFERRED TO THE FEBRUARY 7, 2005 CITY COUNCIL MEETING. COPIES OF THIS ORDI- declare, under penalty of perjury that NANCE ARE AVAILABLE � IN THE CITY' CLERK'$ the foregoing is true and correct. OFFICE. PASSED AND ADOPTED by the City Council of the City of Huntington Executed on DECEMBER 16, 2004 Beach at a regular meeting held December 6, 2004 by the following roll call vote: at Costa Mesa, California. AYES:Hansen,Coerper, Sullivan,Hardy,Green, Bohr,Cook NOES:None ABSENT:None This ordinance is effective 30 days after S i g n an. tu re adoptio CITY OF L HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 714-536-5227 JOAN L.FLYNN, CITY CLERK Published Huntington Beach Independent De- cember 16,2004 123-286 NOTICE OF PUBLIC HEARING !BEFORE THE ET�UNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday,September 20,2004,at 7:00 p.m.in the City Council Chambers,2000 Mah Street,Huntington Beach,the City Council will hold a public hearing on the following planning and zoning item: PROOF OF PUBLICATION ZONING TEXT AMENDMENT NO.03-02(ENTITLEMENT PERMIT STREAMIJNING PHASE IQ:Applicant:City of Huntingtoi Beach Request:To amend 15 chapters of the Huntington Beach Zoning and Subdivision Ordinance,codify policies am clarify certain sections of existing codes and amend various sections of the Downtown Specific Plan SP 5.The propose( STATE OF�CALI FORN IA) amendments are intended to reduce the overall number of discretionary entitlement applications by allowing the use b; right or having a lower level discretionary body review the entitlement.Location:Citywide S S. Project Planner:Rosemary Medel COUNTY OF ORANGE ) APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF CONDITIONAL USE PERMIT NO.03-62(WALGREEN'! PHARMACY):Applicant:Brandy Yamamoto,Spear Design Associates Appellant:Connie Boardman,City Council Membe. am a Citizen of the United States and Request:CUP:To permit the development of,a'11,838 square foot Walgreen's Pharmacy with drive thru service,locate( in the CG (Commercial General) zone. The proposal includes installation'of,new'landscape planters and new surfaa resident of the County aforesaid; I ar parking,Location:19001Brookhurst Street.(Sbuthwest corner ofBrookhurstSt.and Garfield Ave.) Project Planner:Paul Do Veigo,Associate Planner over the age of eighteen years, and not party-o or-interested-irT- the-Uelow-entitie� NOTICE IS HEREBY GIVEN-that Item No.1 is categorically exempt from the provisions of the California Environmentf matter. I am a principal clerk of th, Quality Act H U NTI N GTO N BEACH I N D E P E N D ENl NOTICE IS HEREBY GIVEN that the initial environmental assessment for Item No. 2 was processed and completed i accordance with the California Environmental Quality Act.It was determined that Item No.2 would not have any significan a newspaper of general circulatior+ environmental effects and that a negative declaration is warranted.Negative Declaration No.03-09 was approved by th printed and published in the City Zoning Administrator on June 2,2004.No appeals were filed during the 10-day appeal period.The document is on file a the City of Huntington Beach Planning Department,2000 Main Street,and is available for public inspection by contactin, Huntington Beach, County of OrangE the'Planning Department,or by telephoning(714)536-5271. State of California, and that attaches ON FILE:"A copy of the proposed request'is on'file in the City Clerk's Office, 2000 Main,Street, Huntington Beacl Notice Is a true and complete copy a California 92648,.for inspection by the public.A copy of the staff report will,be available to interested parties at the Cit Clerk's Office on(Thursday before meeting)September 16,2004. was printed and published In thI ALL INTERESTED PERSONS are invited to attend said meeting and express opinions or submit evidence for or agains Huntington Beach Issue of sail the application as outlined above.If there are any further questions please call the Planning Department at 536.5271 an newspaper to wit the Issue(s) of: refer to the above item.Direct your written communications to the City Clerk. Joan Flynn,City Clerk,City of Huntington Beach 2000 Main Street,2nd Floor Huntington Beach,California 92648 (714)536-5227 September 9, 2004 j Published Huntington Beach Independent September 9,2004. 092.96 declare, under penalty of perjury, that the foregoing is true and correct. Executed on September 9, 2004 at Costa Mesa, California. Signature 1 PROOF OF PUBLICATION STATE OF CALIFORNIA) . ) SS. County of Orange ) I am a Citizen of the United States and a NOTI(EOHICIT( OUNCIG codes and amend vthe BEFORE THE(ITY(OUN(IL ous sections of the OF THE Downtown Specific Plan resident of the County aforesaid; I am SP 5. The proposed HUNTINGTON BEACH amendments are in- over the age of eighteen years, and not a NOTICE IS HEREBY tended to reduce the GIVEN that on Monday, overall number of dis- party to or interested in the below April 19, 2004 at 7:00 cretionary entitlement p.m. in the City Council applicaitons by allowing entitled matter. I am a principal clerk of Chambers, 2000 Main the use by right or. Street, Huntington having a lowe level the HUNTINGTON BEACH INDEPENDENT, a Beach, the City Council discretionary body re- will hold a public hearing view the entitlement. Location: Citywide Pro- newspaper of general circulation printed on the following planning ect PlanneryRosemory Model and pub and zoning items: M lished in the City of Huntington I AMENDMENT NO.E03T NOTICE IS HEREBY 02 (ENTITLEMENT GIVEN that Item, No. 1 Beach, County of Orange/ State of PERMIT STREAMLINING is categorically exempt ; PHASE II)Applicant:City from the provisions of { California, and that attached Notice is a of Huntington Beach the California Environ- JI Request: To amend 15 mental Quality Act. . true and complete copy as was printed chapters of the Hun- ON FILE: copy of the tington 'Beach Zoning Proposed request is on and Subdivision Ordi- file in the City Clerk's'_ an published in the Huntington Beach nance, codify policies Office,2000 Main Street, and clarify certain Huntington Beach; Cali- and Fountain Valley issues of said sections of existing fornia 92648, for in- spection by the public. newspaper to wit the issue(s) of: r ,copy l the staff report will be available � to interested parties at the City Clerk's Office on(Thursday before the meeting) April 15, 2004. ALL INTERESTED April 8 , 2004 PERSONS are invited to Attend said he. earing and express opinions or submit evidence for or against the application as outlined above.If you challenge the City Council's action in court, I i you may be limited to declare, under penalty of perjury, that raising only those issues you or someone else the foregoing is true and correct. raised at -the public hearing described in this notice, or in written correspondence deliv- ered to the City at, or prior to, the Executed on April 8, 2004 i pubc hearing. If there arre any further questions please at Costa Mesa, California. call the, Planning De- partment at 536-5271 and refer to the above' items. Direct your written communications to the City Clerk. Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach,California 92648 (714)536-5227 Published. Huntington Signature Beach Independent'April 8,2004 042-400 CITY OF HUNTINGTON BEACH Inter Office Communication 10EI Planning Department TO: Mayor and City Council Members FROM: Penelope Culbreth-Graft, City Administrator s Q VIA: Howard Zelefsky, Director of Planning V-A2 r 3 DATE: November 10, 2004 SUBJECT: Zoning Text Amendment No. 03-02 (Permit Streamlining Phase lI) ,'"' -`.T C� c On November 1, 2004, City Council approved Zoning Text Amendment No. 03-0P(Perrmit Streamlining Phase II). Attached to the RCA where ordinances and legislative drafts of the proposed changes. City Council reviewed a matrix identifying Conditional Use Permits for various land uses affected by the proposed zoning text amendment. In addition there were other changes to conditional use permit processes for "provisional development criteria" that were identified in the Planning Commission staff report but not included in the land use matrix. The Planning Commission staff report was attached to the Council report. Although, these were technically approved as part of the ordinances they were not specifically brought to the City Council's attention as part of the Council staff report. Staff believes that the public process would be better served if the items not specifically identified by staff in the matrix were discussed in open session before they are codified. Therefore, staff is recommending the second reading of nine ordinances that the Council approved, and recommending the remaining eight ordinances that include changes to "provisional development criteria"be deferred to the January 3, 2005 City Council meeting. Cc: Scott Hess, Planning Manager Rosemary Medel, Associate Planner Attachment • Matrix of Additional Revisions and Changes G4e6, . \ G:\Ad m Ltr\2004\1109rml doc PERMIT STREAMLINING PHASE II-"ADDITIONAL PROVISIONS" Code TYPE OF USE CURRENT PROPOSED Page REVIEW REVIEW RESIDENTIAL DISTRICTS:-CHAPTER 210 210-3 210.04 Temporary Uses: Real Estate Sales: Office TAP<3 days ($385) P(No fee) for marketing, sales, or rental of residential, ZA (>3days) ZA(per commercial, or industrial development. Includes code/Chpt.241) model homes sales office. 210-4 210.04 Land Use Controls(13): Affordable housing PC ZA(<10 units) PC(>10 Units) 210-4 210.04 Land Use Controls(E): Addition of ZA P manufactured home space to existing Manufactured Home Park. 210-5 210.04 Land Use Controls(R): Small lot PC ZA(<10 units) Develo ment Standards PC (>10 Units) 210-11 210.06 M(1)(d)Height Requirements: 3` Story ZA P/NN additions. 210-14 210.06(0)(1)(e)Patio and balcony enclosures within Policy P(Policy existing planned developments. Codified) 210-19 210.08 Senior Projects: All projects reviewed by PC ZA(<10 units) Planning Commission PC (>10 Units) 210-20 210.10 Modification for Affordable Housing: PC PC ZA(<10 units) may approve conditional use permit. PC(>10 Units) COMMERCIAL DISTRICTS. CHAPTER 211 211-4 211.04 Temporary Uses: Real Estate : Office for TAP<3 days($385) P(No fee) marketing, sales, or rental of residential, commercial, ZA(>3days) ZA(per or industrial development. Includes model homes code/Chpt.241) sales office. 211-4 211.04 Temporary Uses: Tent Events: Allows for TAP(3 days)($385) p (No fee) overflow of religious assembly for a period not to ZA (>3days) exceed 72 consecutive hours and not more than once ZA (per every 3 months. code/Chpt. 241) 211-4 211.04 Temporary Uses: Trade Fairs: Display and TAP(5 days)($385) P(No fee) sale of goods or equipment related to a specific trade ZA (>5days) ZA(per code or industry for a maximum period of five days per Chpt. 241) year. 211-6 211.04(J) In CV District: CV use on ground floor PC PC/ZA and CUP from PC (per Chpt. 241-Temporary Uses) INDUSTRIAL DISTRICTS: CHAPTER 212 212-3 212.04 Temporary Uses: Real Estate Sales; Office P(3 days)($385) P(No fee) for marketing, sales, or rental of residential, ZA (>3days) ZA(per code commercial,or industrial development. Includes Chpt. 241) model homes sales office. PC- Planning Commission: Public Hearing, Conditions of Approval,4—6 month processing, Fee ZA- Zoning Administrator: Public Hearing,Conditions of Approval,2-3 month processing, Fee NN-Neighborhood Notification:No Public Hearing, Conditions of Approval,2-4 week processing,Fee P- Permitted/Director Approval: HBZSO standard conditions,Plan Check Process,Plan Check Fee TAP- Temporary Activity Permit Additional Provisions Matrix Revised 11/10/04 PERMIT STREAMLINING PHASE II-"ADDITIONAL PROVISIONS" Code TYPE OF USE CURRENT PROPOSED Page REVIEW REVIEW 212-3 212.04 Temporary Uses: Trade Fairs: Display and TAP(<5 days)($385) P sale of goods or equipment related to a specific trade ZA(>3days) ZA(per code or industry for a maximum period of five days per Chpt. 241) year. 212-8 212.04(D)Adjunct office and commercial space, not ZA P(<25%) to exceed 25%of floor area of the primary industrial ZA(>25%) use. 212-8 212.04(I)Vehicle Storage: P/ZA: PC approval P (IG) P(IG) required for automobile dismantling, storage and/or ZA(IL) ZA(IL) im ound ards per code conditions of approval. PC (IG/IL) 212-9 212.04(N)Major outdoor operations including PC ZA storage yards and uses using more than 1/3 of site for outdoor operation require PC approval. OIL PRODUCTION OVERLA Y DISTRICT. CHAPTER 220 220-2 220.08 Reuse Plan Required:No land division or PC/ZA Director(with development shall occur on land subject to an O or consent of Fire 01 Overlay District unless in accord with plan for Chieji the disposition or treatment of any existing or proposed oil wells or oil operations. 220-2 220.08 (B) If oil operator or lessee does not approve ZA/PC Director the plan Director and Fire Chief can find that the plan is in compliance with Municipal Code then the Director shall forward plan to ZA or PC. 220-2 220.10 Criteria for Approval of a Reuse Plan: ZA or ZA/PC P PC may approve plan upon making certain findings. SITE STANDARDS: CHAPTER 230 230-2 230.08 Accessory Structures: Codifies policy Policy P(Policy addressing storage sheds, fire pits, Codified) barbecues/fireplaces, fountains, etc. on residential property under certain criteria. 230-3 230.10 Accessory Dwelling Units: Requires CUP to ZA P/NN ZA. 230-7 Affordable Incentives/Density Bonus 230.14(E) PC/CC City Council Procedure: (3)Approval of affordability agreement. 230-7 Affordable Incentives/Density Bonus 230.14(E)(4) PC/CC ZA(<10 units) Procedure: Place reasonable conditions on granting a PC(>10 Units) density bonus. PC-Planning Commission: Public Hearing,Conditions of Approval,4—6 month processing, Fee ZA-Zoning Administrator: Public Hearing,Conditions of Approval,2-3 month processing,Fee NN-Neighborhood Notification:No Public Hearing,Conditions of Approval,2-4 week processing, Fee P-Permitted/Director Approval: HBZSO standard conditions, Plan Check Process,Plan Check Fee TAP- Temporary Activity Permit Additional Provisions Matrix Revised 11/10/04 2 PERMIT STREAMLINING PHASE II-"ADDITIONAL PROVISIONS" .: Code TYPE OF USE CURRENT PRQPOSED. Page REVIEW REVIEW 230-7 (F)Required findings forapproval: PC/CC PC/CC ZA/PC/CC 230-8 (F)(2) Other Incentives: Additional incentives, PC/CC ZA/PC/CC PC/CC 230-10 230.22 Residential Infill Lot Developments: (A) Adds"and Privacy Design Standards: New residences shall off- accessory set windows. dwellin units" 230-11 230.24 230.24 Small Lot Development Standards: Deletes"prior to (A)Permitted Uses: Design Review Board shall PC action" review and forward recommendations on all small lot language. development proposals prior to PC action. 230-11 230.24 Small Lot Development Standards; (B) PC ZA/PC Design Standards: PC approval SIGNS: CHAPTER 233 233-2 233.04 Permitted Signs (C) Sign Code Exception: Director(<10%) Director/NN Director may grant approval for sign code exception DRB (>10%) (<20%) not more than 10%. DRB (>20%) 233-4 233.04(E) Design Review Board: (2)Areas within DRB Deletes entire 500 feet of PS (Public Semi-Public)districts. line item CONDITIONAL USE PERMITS AND VARIANCES, TEMPORARY USE PERMITS; WAIVER OF DEVELOPMENT STANDARDS. CHAPTER 241 241-4 241.20 Temporary Use Permits: (B) Director shall <3 Days(Director) <4 Days act on temporary uses held for three or fewer (Director) consecutive days that do not include live entertainment.i.e: Retail Sales 241-2 241.04 Variances:Not exceeding 10%deviation <10%(ZA) <20%(ZA) from site coverage, separation between buildings, >10%(PC) >20%(PC) hei ht, setback,parking, and landscape requirements. DOWNTOWN SPECIFIC PLAN GENERAL PROVISIONS 4.2-19 4.2.29 i)Affordable Housing: Guest parking PC PC ZA/PC determines that adequate excess public parking is available,the PC may grant a maximum 100% waiver depending on size and location of project. 4.2.29- 4.2.29 iv)Outdoor Dining/2)Operating ZA P/NN(no 20/21 requirements, provisions, and conditions: Outdoor alcohol sales) dining on public or private property may be ZA permitted subject to review and approval of a conditional use permit from the Zoning Administrator. PC-Planning Commission: Public Hearing,Conditions of Approval,4—6 month processing,Fee ZA-Zoning Administrator: Public Hearing, Conditions of Approval,2-3 month processing,Fee NN-Neighborhood Notification:No Public Hearing, Conditions of Approval,2-4 week processing,Fee P-Permitted/Director Approval: HBZSO standard conditions, Plan Check Process,Plan Check Fee TAP- Temporary Activity Permit Additional Provisions Matrix Revised 11/10/04 3 PERMIT STREAMLINING PHASE II-"ADDITIONAL PROVISIONS" Code TYPE OF USE CURRENT PROPOSED Page REVIEW REVIEW DISTRICT 2 RESIDENTIAL 4.4-28 4.4.01 Permitted Uses(a) Single Family Dwellings 30' Max Height 35' Max Height (3)Maximum building height shall be 30 feet for (Avg.) (Peak) main dwellings and 15 for detached accessory 15'Max Height &25"front and buildings. In Addition building height for front and Accessory Building rear per 210.06 rear at a 25' setback shall be 22'. HBZSO (Consistent with RMH-A requirements) DISTRICT S MIXED USE: COMMERCIAL/OFFICE/RESIDENTIAL 4.7-43 4.7.01 Residential Uses: Residential Uses Clarifies that Allowed residential is permitted in conjunction with a mixed-use development only. PC-Planning Commission: Public Hearing, Conditions of Approval,4—6 month processing, Fee ZA-Zoning Administrator: Public Hearing,Conditions of Approval,2-3 month processing,Fee NN-Neighborhood Notification:No Public Hearing,Conditions of Approval,2-4 week processing, Fee P-Permitted/Director Approval: HBZSO standard conditions,Plan Check Process,Plan Check Fee TAP- Temporary Activity Permit Additional Provisions Matrix Revised 11/10/04 4 (24) November 15, 2004 - Council/Agency Agenda - Page 24 G. Ordinances G-1a. (City Council) Adopt City Wide Entitlement Permit Streamlining Project (Phase II) by Adopting Ordinance Numbers 3669, 3673, 3675, 3677, 3679, 3680,and 3681 Amending 9 Chapters of the Huntington Beach Zoning and Subdivision Code —The Following Ordinances have been Deferred to the January 3, 2005 Council Meeting: Ordinance Nos. _ 3668 A/B, 3670, 3671, 3672, 3674, 3676, 3678, and 3682 Amending 7 Chapters of the a Huntington Beach Zoning and Subdivision Code and Various Sections of the Downtown Specific Plan SP-5 (450.20) After the City Clerk reads by title, adopt by roll call vote, the following ordinances which were approved for introduction and amended at the November 1, 2004 Public Hearing: G-1a-1 Memo from Planning Department dated November 10, 2004 titled Zoning Text Amendment No. 03-02 (Permit Streamlining Phase II). G-1 a-2 Ordinance No. 3669 — AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 204 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED USE CLASSIFICATIONS;"and G-1 a-3 Ordinance No. 3673 — AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 214 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED PS PUBLIC-SEMIPUBLIC DISTRICTS;"and G-1 a-4 Ordinance No. 3675— AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 222 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED FP FLOODPLAIN OVERLAY DISTRICT;"and G-1 a-5 Ordinance No. 3677— "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 231 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED OFF-STREET PARKING AND LOADING PROVISIONS;"and G-la-6 Ordinance No. 3679 — AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 236 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED NONCONFORMING USES AND STRUCTURES;"and G-1 a-7 Ordinance No. 3680— AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 244 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED DESIGN REVIEW"and G-1 a-8 Ordinance No. 3681 — AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 250 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED GENERAL PROVISIONS." Adopted all ordinances read by title. , 7- 0 (11) October 18, 2004 -Council/Agency Agenda - Pa a 11 9/ oG�i D-3. (City Council) Public Hearing Opened and Continued Open from 9120/0 and 1014104 to Consider Approval of Zoning Text Amendment No. 03-02 (City Wide Entitlement Permit Streamlining Project - Phase II) by Amending 15 Chapters of the Huntington Beach Zoning and Subdivision Code and Various Sections of the Downtown Specific Plan SP-5—Approve Introduction of Ordinance Nos. 3668A or B and 3669 through 3682, Inclusive (450.20) Applicant: City of Huntington Beach Request: To amend 15 chapters of the Huntington Beach Zoning and Subdivision Ordinance, codify policies and clarify certain sections of existing codes and amend various sections of the Downtown Specific Plan SP 5. The proposed amendments are intended to reduce the overall number of discretionary entitlement applications by allowing the use by right or having a lower level discretionary body review the entitlement. Location: Citywide Environmental Status: This Agenda Item is categorically exempt from the-provisions of the California Environmental Quality Act. ON FILE: A copy of the proposed request is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office on (Thursday before meeting) September 16, 2004. All interested persons are invited to attend said meeting and express opinions or submit evidence for or against the application as outlined above. If there are any further questions please call the Planning Department at 536-5271 and refer to the above item. Direct your written communications to the City Clerk. 1. Staff report 2. City Council discussion 3. Open public hearing 4. Following public input,close public hearing Recommended Action: Motion to: Approve Zoning Text Amendment No. 03-02 with findings for approval (Attachment No. 3) and after the City Clerk reads by titles, approve for introduction the following ordinances (Attachment No. 1): Planning Commission Recommendation Ordinance No. 3668A(Attachment No. 1) OR Staff Recommendation Ordinance No. 3668B (Attachment No. 2)— "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE CHAPTER 203- DEFINITIONS AND CHAPTER 241 - CONDITIONAL USE PERMITS;"and Ordinance No. 3669— "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 204 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED USE CLASSIFICATIONS;"and Ordinance No. 3670 — "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 210 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED RESIDENTIAL DISTRICTS;" (Continued on the Next Page) (12) October 18, 2004 -Council/Agency Agenda - Page 12 Ordinance No. 3671 — "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 211 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED COMMERCIAL DISTRICTS,-"and Ordinance No. 3672— "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 212 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED INDUSTRIAL DISTRICTS;"and Ordinance No. 3673— "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 214 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED PS PUBLIC-SEMIPUBLIC DISTRICTS,"and Ordinance No. 3674— "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 220 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED OIL PRODUCTION OVERLAY DISTRICT,-"and Ordinance No. 3675— "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 222 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED FP FLOODPLAIN OVERLAY DISTRICT;-and Ordinance No. 3676— "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 230 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED SITE STANDARDS,`and Ordinance No. 3677— "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 231 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED OFF-STREET PARKING AND LOADING PROVISIONS;"and Ordinance No. 3678— "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 233 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED SIGNS;"and Ordinance No. 3679— "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 236 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED NONCONFORMING USES AND STRUCTURES;"and Ordinance No. 3680— "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 244 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED DESIGN REVIEW,"and Ordinance No. 3681 — "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 250 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED GENERAL PROVISIONS,-"and Ordinance No. 3682 — "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE DOWNTOWN SPECIFIC PLAN OF THE CITY OF HUNTINGTON BEACH." Planning Director Howard Zelefsky orally reported. Assistant Planner Rosemary Medel presented Power Point report and Planning Manager Scott Hess was available for questions. (13) October 18, 2004 -Council/Agency Agenda - Page 13 It was decided to take straw votes on the following items from page numbers D-3.3 through D-3.9 of the staff report: (1.) Straw vote to amend neighborhood notification to notify within 300 feet and 500 feet for CUP's. Approved 5- 0- 1 (Green abstained) (2.) Straw vote#7 and#8-stays the same. Approved 6- 0 (3.) Straw vote#28-stays the same. Approved 6- 0 (4.) Straw vote#19-stays at Planning Commission level. Approved 5- 1 (Boardman No) (5.) Straw vote#24-stays the same. Withdrawn (6.) Straw vote#44 and#47-stays the same. Approved 5- 1 (Coerper No) (7.) Straw vote#75-stays the same. Approved 6- 0 (8.) Straw vote#86-stays the same. Approved 6- 0 (9.) Straw vote#96-stays the same. Approved 6- 0 (10.) Straw vote#121-stays the same. Approved 6- 0 (11.) Straw vote#114, #117, #119 and#122- to go to the Zoning Administrator. Withdrawn- take straw vote separately. (12.) Straw vote-place #119 back on ordinance. Approved 6- 0 (No action on #122) (13.) Straw vote- move for exemption that allows 2 feet lattice without building permit on 6 feet private property separation walls with neighborhood notification. Motion to complete entire agenda. Approved 5- 1 (Green No) (14) October 18, 2004 -Council/Agency Agenda - Page 14 (14.) Straw vote#125- stays the same. Withdrawn. Straw vote to delete 23.120 and other references to compact parking. Approved 6- 0 Straw vote to require commercial areas to have 1 bike space for every 20 car spaces and provisions for locking of bicycles such as a rack and be conveniently located near store entrances. No less than 3 or 4 bike spaces per lot. Above motion to be brought back at next meeting-straw votes to be continued for introduction of ordinances. Motion taken to close public hearing and continue the item to 1111104 meeting. Approved 6- 0 (11) October 4,2004: Council/Agency Agenda - Page 11 _ D-3. (City Council) Opened and Continued Open from 9120104 - Public Hearing to Consider Approval of Zoning Text Amendment No. 03-02 (City Wide Entitlement Permit Streamlining Project - Phase II) by Amending 15 Chapters of the Huntington Beach Zoning and Subdivision Code and Various Sections of the Downtown Specific Plan SP-5—Approve Introduction of Ordinance Nos. 3668A or B and 3669 through 3682, Inclusive (450.20) Applicant: City of Huntington Beach Request: To amend 15 chapters of the Huntington Beach Zoning and Subdivision Ordinance, codify policies and clarify certain sections of existing codes and amend various sections of the Downtown Specific Plan SP 5. The proposed amendments are intended to reduce the overall number of discretionary entitlement applications by allowing the use by right or having a lower level discretionary body review the entitlement. Location: Citywide Environmental Status: This Agenda Item is categorically exempt from the provisions of the California Environmental Quality Act. ON FILE: A copy of the proposed request is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office on (Thursday before meeting)September 16, 2004. All interested persons are invited to attend said meeting and express opinions or submit evidence for or against the application as outlined above. If there are any further questions please call the Planning Department at 536-5271 and refer to the above item. Direct your written communications to the City Clerk. 1. Staff report 2. City Council discussion 3. Open public hearing 4. Following public input, close public hearing Recommended Action: Motion to: Approve Zoning Text Amendment No. 03-02 with findings for approval (Attachment No. 3) and after the City Clerk reads by titles, approve for introduction the following ordinances (Attachment No. 1). Planning Commission Recommendation Ordinance No. 3668A(Attachment No. 1) OR Staff Recommendation Ordinance No. 3668E (Attachment No. 2) — AN ORDINANCE OF THE CITY.OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE CHAPTER 203 - DEFINITIONS AND CHAPTER 241 - CONDITIONAL USE PERMITS;"and Ordinance No. 3669 — "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 204 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED USE CLASSIFICATIONS,"and (Continued on the Next Page) Ordinance No. 3670— AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 210 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED RESIDENTIAL DISTRICTS;" (12) October 4, 2004 -Council/Agency Agenda - Page 12 . Ordinance No. 3671 - AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 211 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED COMMERCIAL DISTRICTS,"and Ordinance No. 3672 — "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 212 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED INDUSTRIAL DISTRICTS;"and Ordinance No. 3673- 'AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 214 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED PS PUBLIC-SEMIPUBLIC DISTRICTS,`and Ordinance No. 3674- AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 220 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED OIL PRODUCTION OVERLAY DISTRICT,"and Ordinance No. 3675— "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 222 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED FP FLOODPLAIN OVERLAY DISTRICT,-and Ordinance No. 3676— `AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 230 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED SITE STANDARDS,"and Ordinance No. 3677- AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 231 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED OFF-STREET PARKING AND LOADING PROVISIONS;"and Ordinance No. 3678- AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 233 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED SIGNS;-and Ordinance No. 3679- AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 236 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED NONCONFORMING USES AND STRUCTURES;"and Ordinance No. 3680- AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 244 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED DESIGN REVIEW,-and Ordinance No. 3681 - AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 250 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED GENERAL PROVISIONS,"and Ordinance No. 3682- AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE DOWNTOWN SPECIFIC PLAN OF THE CITY OF HUNTINGTON BEACH." Continued open to October 18, 2004 Approved 5—0— 1 (Sullivan out of room) (16) September 20, 2004 - Council/Agency Agenda - Page 16 D-3. , (City Council) Public Hearing to Consider Approval of Zoning Text Amendment No. 03-02 (City Wide Entitlement Permit Streamlining Proiect - Phase II) by Amending 15 Chapters of the Huntington Beach Zoning and Subdivision Code and Various Sections of the Downtown Specific Plan SP-5—Approve Introduction of Ordinance Nos. 3668A or B and 3669 through 3682, Inclusive (450.20) Applicant: City of Huntington Beach Request: To amend 15 chapters of the Huntington Beach Zoning and Subdivision Ordinance, codify policies and clarify certain sections of existing codes and amend various sections of the Downtown Specific Plan SP 5. The proposed amendments are intended to reduce the overall number of discretionary entitlement applications by allowing the use by right or having a lower level discretionary body review the entitlement. Location: Citywide Environmental Status: This Agenda Item is categorically exempt from the provisions of the California Environmental Quality Act. ON FILE: A copy of the proposed request is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office on (Thursday before meeting)September 16, 2004. All interested persons are invited to attend said meeting and express opinions or submit evidence for or against the application as outlined above. If there are any further questions please call the Planning Department at 536-5271 and refer to the above item. Direct your written communications to the City Clerk. 1. Staff report 2. City Council discussion 3. Open public hearing 4. Following public input, close public hearing Recommended Action: Motion to: e Fdinannoc (AttaGhme nt No. 1) rr 6UA14 AfG€ OF THE G►Tv OF HUNTING OREACH AMENDING E u►►n►^T/►n►r_Tnn► Q(�c�''n/n�/u� �nnnn►n'Annm/�c/►��►a�Tn►/►�i►/�c/►�Inn► (n��o/n]►�n/►]nn�►�nTc r+uMnoTco 2n3 D�7l YIT4QNS A �P'b1'Ct AP-T-TR 24 ..'`'"j17'`I�'t..FI /�. .Hy. Pd R PERA4/'/�aTd fr IA,gTPl6 C#Al2T_€lon.► nC Tuc u►►n►T►n►GTnn►BEACH Z , ,, and (Continued on the Next Page) . • • - 1 11 , • 1 • • . • . . • - rim WIRMATIVI&WAT OWN • I 1!■ I 1 1 • 1!■ • !■ • AfM p FA ■ • i I!■1AFAWk 1 • • ! ■ All I!■ • 1 1 @ 11'rr.rX INA I • 1!■ 1 'ML IS • • IMISM AI I 1 ON • ■ • A • 1 P!M MA i W -MWAONMLVMII Mi A - r , (2) a _August 2, 2004 - Council/Agency Agenda - Page 2 (City Council) Study Session to Discuss Proposed ZoningText Amendment No. 03-02 (Entitlement Permit Streamlining Phase II) —Amendments to 15 Chapters of the Huntington Beach Zoning and Subdivision Ordinance Zoning (450.20) The Planning Department will present for City Council discussion a study session on the following planning and zoning item: Applicant: City of Huntington Beach Request: To amend 15 chapters of the Huntington Beach Zoning and Subdivision Ordinance, codify policies and clarify certain sections of existing codes and amend various sections of the Downtown Specific Plan SP 5. The proposed amendments are intended to reduce the overall number of discretionary entitlement applications by allowing the use by right or having a lower level discretionary body review the entitlement. Location: Citywide Environmental Status: This study session item is categorically exempt from the provisions of the California Environmental Quality Act. ON FILE: A copy of the proposed request is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office on (Thursday before meeting)July 29, 2004. *"Communication and PowerPoint presentation submitted by the Planning Director titled Zoning Text Amendment No. 03-02, Entitlement Permit Streamlining Phase 11— Study Session are included in the agenda packet. (Draft Streamlining Ordinances are on file for public review in the City Clerk's Office.) Planning Director Howard Zelefsky gave a PowerPoint presentation. Staff responded to Council's inquiries regarding the notification process, permits, the appeal process and costs, definition of non-conforming structures, Downtown Specific Plan, fencing, parking, outdoor storage and the sign code. Councilmember Sullivan stated his opinion that some of the proposed changes should stay at their current level of approval. Director Zelefsky informed Council that he would provide the matrix for the Downtown Specific Plan for review. Public Hearing to be noticed and scheduled for September 2004 � b HUNTINGTDN BEACH, CA g PROOF OF PUBLICATION 1004 JUL L 3 A 10: 4 S NOTICE OF STUDY SESSION STATE OF CALIFORNIA) BEFORE THE CITY COUNCIL OF THE, ) Ss. CITY OFHUNTINGTON COUNTY OF ORANGE ) I NOTICE IS A HEREBY GIVEN that on Monday, August 2, 2004; at 5:00 uncil, am a Citizen of the United States and a Chamberse 20000oMain Street, Huntington resident of the County aforesaid; I am Beach, the City Council will conduct a study over the age of eighteen years, and not a session on the follow ing planning and zoning party to or interested in the below entitled it . ZONING TEXT AT 0.matter. I am a principal clerk of the 02E DME(ENTITLEMENT HUNTINGTON BEACH INDEPENDENT, PHASEr STREAMLINING: Applicant: City of Huntington Beach a newspaper of general circulation, Request: To amend 15 chapters of the Hun- printed and published in the City of tin gtonS Beach Zoning and Subdivision Ordi- nance, codify policies Huntington Beach, County of Orange, and clarify certain sections of existing State of California, and that attached codes and amend.vari- ous sections of the i Notice Is a true and complete co as Downtown Specific Plan P PY wn SP 5. The proposed was printed and published in the amendments are in- tended to reduce the Huntington ' Beach issue of Said- overall number le dis- cretionary entitlement applications by allowing newspaper to wit the Issue(s) of: the use by 1 right or having a lower level discretionary body re- view the entitlement. Location:Citywide Project Planner: July 22 , 2004 RosemaryMedel` NOTICE IS HEREBY GIVEN that Item No. 1 is categorically exempt from the provisions of the California Environ- mental Quality Act. ON FILE:A'copy of the proposed request is on ( file in the City Clerk's i Office,2000 Main Street, Huntington Beach, Cali- declare, under penalty of perjury, that fornspecti 92648, for in- on by by the public. A copy of the staff the foregoing is true and correct. 4 report will be available to interested parties at the City Clerk's Office on (Thursday before Executed on July 22 ZOO4 mALLg�IJNTERESOTED PERSONS are invited to at Costa Mesa, California. -attend said meeting and express opinions or submit evidence for or against the application as outlined above. If there 'are any further questions please call the Planning Department at 536-5271 and refer to Signature the .above item. Direct your written communi- cations to the City Clerk Joan Flynn,City Clerk City of Huntington Beach j 2000 Main Street, 2nd Floor,Huntington Beach, California 92648 ` (714)536-5227 Published Huntington Beach Independent July 22,2004 074-791 j 0 PROOF OF PUBLICATION ci a4 OF H+JE it�C�C Bt. p4 1UL 23 A 10 45 STATE OF CALIFORNIA) eEFo�EiHE�miouNui a ) Ss. OF THE COUNTY OF ORANGE ) CITY OFHUNTINGTON BEACH NOTICE IS HEREBY am a Citizen of the United States and a GIVEN that Monday, August 2, 2000 4, at 5:00 j resident of the County aforesaid I am p.m. b the City Council }�' Chambers,Huntington Main `,y � Street, Huntington over the age of eighteen years, and not a Beach, the City Council will conduct a. study session on the following party to or interested in the below entitled planning, and zoning. matter. I am a principal clerk of the ite1. ZONING m: P p AMENDMENT NOT 03T HUNTINGTON BEACH INDEPENDENT, 02 ENTITLEMENT P RMITSTREAMLINING PHASE II):. Applicant: a newspaper of general circulation, City of Huntington Beach Request: To amend 15 printed and published in the City of chapters of the Hun- Huntington Beach, County of Orange, Hun- tin and S S Beach ZonOridi- gtonng ubdivision nance, codify policies State of California and that attached and clarify certain sections of existing codes and amend vari' Notice is a true and complete copy as ous sections of the j Downtown Specific Plan was printed and published in the SP 5. The proposed Huntington Beach issue of said amendments are in- tended to reduce the overall number of dis- cretionarynewspaper to wit the Issue(s) of. applications entitlement applications by allowing I the use by right or l having a lower level discretionary body re- view the entitlement. ion:July 22 , 2004 LocProject�tywide Planner: Rosemary Medel NOTICE IS HEREBY GIVEN that Item No. 1 is categorically exempt from the provisions of the California Environ- mental Quality Act. ON FILE:A copy of the proposed request is on file in the City Clerk's Office;2000 Main Street, l declare, under penalty of perjury, that ornia Huntington 92648,acforCini- the foregoing is true and correct. A copy o the public. A co of the staff report will be available to interested parties at the City Clerk's Office Executed on July 22, 2004 on meetiThursday before' mng)July 29,2004. ALL INTERESTED, at Costa Mesa, California. PERSONS are invited to attend said meeting and express opinions, or i submit evidence for or against the application as outlined above. If there are any further Signature questions please call the Planning Department at 536-5271 and refer to the above item. Direct your written.communi- cations to the City Clerk loan Flynn,City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor,Huntington Beach, California 92648 (714)536-5227 Published Huntington i Beach Independent July i 22,2004 074-791 1 NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY,GIVEN that on Monday, September20, 2004; at 7:00 p:m. in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following planning and zoning item: ❑ 1. ZONING TEXT AMENDMENT NO. 03-02 (ENTITLEMENT PERMIT STREAMLINING PHASE II): Applicant: City of Huntington Beach Request: To amend 15 chapters of the Huntington Beach Zoning and Subdivision Ordinance, codify policies and clarify certain sections of existing codes and amend various sections of the Downtown Specific Plan SP 5. The proposed amendments are intended to reduce the overall number of discretionary entitlement applications by allowing the use by right or having a lower level discretionary body review the entitlement. Location: Citywide Proiect Planner: Rosemary Medel ❑2. _ APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF CONDITIONAL USE PERMIT NO. 03-62 (WALGREEN'S PHARMACY): Applicant:. Brandy Yamamoto, Spear Design Associates Appellant: Connie Boardman, City Council Member Request: CUP: To permit the development of a 11,838 square foot Walgreen's Pharmacy with drive thru service, located in the CG. (Commercial General) zone. The proposal includes installation of new landscape planters and new surface parking. Location: 19001 Brookhurst Street. (Southwest corner of Brookhurst St. and Garfield Ave.) Proiect Planner: Paul Da Veiga, Associate Planner NOTICE IS HEREBY GIVEN that Item No. 1 is categorically exempt from the provisions of the California Environmental Quality Act. NOTICE IS HEREBY GIVEN that the initial environmental assessment for Item No. 2 was processed and completed in accordance with the California Environmental Quality Act. It was determined that Item No. 2 would not have any significant environmental effects and that a negative.declaration is warranted. Negative Declaration No. 03-09 was approved by the Zoning Administrator on June 2, 2004. No appeals were filed during the 10-day appeal period. The document is on file at the City of Huntington Beach Planning Department, 2000 Main Street, and is available for public inspection by contacting the Planning Department, or by telephoning (714) 536-5271. ON FILE: A copy of the proposed request is on file in the City Clerk's.Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office on (Thursday before meeting) September 16, 2004. (g:legals:CCLGFRM2a) ALL INTERESTED PERSONS are invited to attend said meeting and express opinions or submit evidence for or against the application as outlined above. If there are any further questions please call the Planning Department at 536-5271 and refer to the above item. Direct your written communications to the City Clerk Joan Flynn, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 (g:1ega1s:CCLGFRM2a) NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY. GIVEN that on Monday, September 20, 2004, at 7:00 p:m. in the.City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following planning and zoning item: ❑ 1. ZONING TEXT AMENDMENT NO. 03-02 (ENTITLEMENT PERMIT STREAMLINING PHASE II): Applicant: City of Huntington Beach Request: To amend 15 chapters of the Huntington Beach Zoning and Subdivision Ordinance, codify policies and clarify certain sections of existing codes and amend various sections of the Downtown Specific Plan SP 5. The proposed amendments are intended to reduce the overall number of discretionary entitlement applications by allowing the use by right or having a lower level discretionary body review the entitlement. Location: Citywide Proiect Planner: Rosemary Medel [r 2. APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF CONDITIONAL USE PERMIT NO. 03-62 (WALGREEN'S PHARMACY): Applicant:: Brandy Yamamoto, Spear Design Associates Appellant: Connie Boardman, City Council Member Request: CUP: To permit the development of a 11,838 square foot Walgreen's Pharmacy with drive. thru service, located in the CG.(Commercial General) zone. The proposal includes installation of new landscape planters and new surface parking. Location: 19.001 Brookhurst Street. (Southwest corner of Brookhurst St. and Garfield Ave.) Proiect Planner: Paul Da Veiga, Associate Planner NOTICE IS HEREBY GIVEN that Item No. 1 is categorically exempt from the provisions of the California Environmental Quality Act. NOTICE IS HEREBY GIVEN that the initial environmental assessment for Item No. 2 was processed and completed in accordance with the California Environmental Quality Act. It was determined that Item No. 2 would not have any significant environmental effects and that a negative.declaration is warranted. Negative Declaration No. 03-09 was approved by the Zoning Administrator on June 2, 2004. No appeals were filed during the 10-day appeal period. The document is on file at the City of Huntington Beach Planning Department, 2000 Main Street, and is available for public inspection by contacting the Planning Department, or by telephoning (714) 536-5271. ON FILE: A copy of the proposed request is on file in the City Clerk's.Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office on (Thursday before meeting) September 16, 2004. (g:legals:CCLGFRNL a) ALL INTERESTED PERSONS are invited to attend said meeting and express opinions or submit evidence for or against the application as outlined above. If there are any further questions please call the Planning Department at 536-5271 and refer to the above item. Direct your written communications to the City Clerk Joan Flynn, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 (g:legals:CCLGFRM2a) NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY. GIVEN that on Monday, September 20, 2004, at 7:00 p.m. in the.City Council Chambers, 2000 Main Street,Huntington Beach, the City Council will hold a public hearing on.the following planning and zoning item: ❑ 1. ZONING TEXT AMENDMENT NO. 03-02 (ENTITLEMENT PERMIT STREAMLINING PHASE II): Applicant: City of Huntington Beach Request: To amend 15 chapters of the Huntington Beach Zoning.and Subdivision Ordinance, codify policies and clarify certain sections of. existing codes and amend various sections of the Downtown Specific Plan SP 5. The proposed amendments are intended to reduce the overall number of discretionary entitlement applications by allowing the use by. right or having a lower level discretionary body review the entitlement. Location: Citywide Proiect Planner: Rosemary Medel ❑ 2. APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF CONDITIONAL USE PERMIT NO. 03-62 (WALGREEN'S PHARMACY): Applicant:. Brandy Yamamoto, Spear Design Associates Appellant: Connie Boardman, City Council Member Request: CUP: To perm.it the development of a 11,838 square foot Walgreen's Pharmacy with drive thru service, located in the CG (Commercial General) zone. The proposal includes installation of new landscape planters and new surface parking. Location: 19001 Brookhurst Street. (Southwest corner. of Brookhurst St. and Garfield Ave.) Project Planner: Paul Da Veiga, Associate Planner NOTICE IS HEREBY GIVEN that Item No. 1 is categorically exempt from.the provisions of the California Environmental Quality Act. NOTICE IS HEREBY GIVEN that the initial environmental assessment for Item No. 2 was processed and completed in accordance with the California Environmental Quality Act. It was determined that Item No. 2 would not have any significant environmental effects and that a negative declaration is warranted. Negative Declaration No. 03-09 was approved by the Zoning Administrator on June 2, 2004. No appeals were filed during the 10-day appeal period. The document is on file at the City of Huntington Beach Planning Department, 2000 Main Street, and is available for public inspection by contacting the Planning Department, or by telephoning (714) 536-5271. ON FILE: A copy of.the proposed request is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office on (Thursday before meeting) September 16, 2004. (g:legals:CCLGFRIvL a) ALL INTERESTED PERSONS are invited to attend said meeting and express opinions or submit evidence for or against the application as outlined above. If there are any further questions please call the Planning Department at 536-5271 and refer to the above item. Direct your written communications to the City Clerk Joan Flynn, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 (g:legals:CCLGFRM2a) NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY.GIVEN that on Monday, September 20, 2004, at 7:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following planning and zoning item: ❑ 1. ZONING TEXT AMENDMENT NO. 03-02 (ENTITLEMENT PERMIT STREAMLINING PHASE II): Applicant: City of Huntington Beach Request: To amend 15 chapters of the Huntington Beach Zoning and Subdivision Ordinance, codify policies and clarify certain sections of existing codes and amend various sections of the Downtown Specific Plan SP 5. The proposed amendments are intended to reduce the overall number of discretionary entitlement applications by allowing the use by right or having a lower level discretionary body review the entitlement. Location: Citywide Proiect Planner: Rosemary Medel [�2. APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF CONDITIONAL USE PERMIT NO. 03-62 (WALGREEN'S PHARMACY): Applicant: Brandy Yamamoto, Spear Design Associates Appellant: Connie Boardman, City Council Member Request: CUP: To permit the development of a 11,838 square foot Walgreen's Pharmacy with drive thru service, located in the CG (Commercial General) zone. The proposal includes installation of new landscape planters and new surface parking. Location: 19001 Brookhurst Street. (Southwest corner of Brookhurst St. and Garfield Ave.) Proiect Planner: Paul Da Veiga, Associate Planner NOTICE IS HEREBY GIVEN that Item No. 1 is categorically exempt from the provisions of the California Environmental Quality Act. NOTICE IS HEREBY GIVEN that the initial environmental assessment for Item No. 2 was processed and completed in accordance with the California Environmental Quality Act. It was determined that Item No. 2 would not have any significant environmental effects and that a negative.declaration is warranted. Negative Declaration No. 03-09 was approved by the Zoning Administrator on June 2, 2004. No appeals were filed during the 10-day appeal period. The document is on file at the City of Huntington Beach Planning Department, 2000 Main Street, and is available for public inspection by contacting the Planning Department, or by telephoning (714) 536-5271. ON FILE: A copy of the proposed request is. on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office on (Thursday before meeting) September 16, 2004. (g:legals:CCLGFRM2a) ALL INTERESTED PERSONS are invited to attend said meeting and express opinions or submit evidence for or against the application as outlined above. If there are any further questions please call the Planning Department at 536-5271 and refer to the above item. Direct your written communications to the City Clerk Joan Flynn, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 (g:1ega1s:CCLGFRM2a) ��iY7A-iL — NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, September 20, 2004; at 7:00 p.m. - in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following planning and zoning item: ❑ 1. ZONING TEXT AMENDMENT NO. 03-02 (ENTITLEMENT PERMIT STREAMLINING PHASE II): Applicant: City of Huntington Beach Request: To amend 15 chapters of the Huntington Beach Zoning and Subdivision Ordinance, codify policies and clarify certain sections of existing codes and amend various sections of the Downtown Specific Plan SP 5. The proposed amendments are intended to reduce the overall number of discretionary entitlement applications by allowing the use by right or having a lower level discretionary body review the entitlement. Location: Citywide Project Planner: Rosemary Medel ❑ 2. APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF CONDITIONAL USE PERMIT NO. 03-62 (WALGREEN'S PHARMACY): Applicant: Brandy Yamamoto, Spear Design Associates Appellant: Connie Boardman, City Council Member Request:, _CUP: To,permit the development of all,838 square foot Walgreen's Pharmacy with drive thru service, located in the CG (Commercial General) zone. The proposal includes installation of new landscape planters and new surface parking. Location: 19001 Brookhurst Street. (Southwest corner of Brookhurst St. and Garfield Ave.) Project Planner: Paul Da Veiga, Associate Planner NOTICE IS HEREBY GIVEN that Item No. 1 is categorically exempt from the provisions of the California Environmental Quality Act. NOTICE IS HEREBY GIVEN that the initial environmental assessment for Item No. 2 was processed and completed in accordance with the California Environmental Quality Act. It was determined that Item No. 2 would not have any significant environmental effects and that a negative declaration is warranted. Negative Declaration No. 03-09 was approved by the Zoning Administrator on June 2, 2004. No appeals were filed during the 10-day appeal period. The document is on file at the City of Huntington Beach Planning Department, 2000 Main Street, and is available for public inspection by contacting the Planning Department, or by telephoning (714) 536-5271. ON FILE: A copy of the proposed request is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office on (Thursday before meeting) September 16, 2004. (g:I egai s:CCLGFRNL a) ALL INTERESTED PERSONS are invited to attend said meeting and express opinions or submit evidence for or against the application as outlined above. If there are any further questions please call the Planning Department at 536-5271 and refer to the above item. Direct your written communications to the City Clerk Joan Flynn;:City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 (g:legals:CCLGFRM2a) NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, September 20, 2004, at 7:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following planning and zoning item: �1. ZONING TEXT AMENDMENT NO. 03-02 (ENTITLEMENT PERMIT STREAMLINING PHASE II): Applicant: City of Huntington Beach Request: To amend 15 chapters of the Huntington Beach Zoning and Subdivision Ordinance, codify policies and clarify certain sections of existing codes and amend various sections of the Downtown Specific Plan SP 5. The proposed amendments are intended to reduce the overall number of discretionary entitlement applications by allowing the use by right or having a lower level discretionary body review the entitlement. Location: Citywide Project Planner: Rosemary Medel ❑ 2. APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF CONDITIONAL USE PERMIT NO. 03-62 (WALGREEN'S PHARMACY): Applicant: Brandy Yamamoto, Spear Design Associates Appellant: Connie Boardman, City Council Member Request: CUP: To permit the development of a 11,838 square foot Walgreen's Pharmacy with drive thru service, located in the CG (Commercial General) zone. The proposal includes installation of new landscape planters and new surface parking. Location: 19001 Brookhurst Street. (Southwest corner of Brookhurst St. and Garfield Ave.) Project Planner: Paul Da Veiga, Associate Planner NOTICE IS HEREBY GIVEN that Item No. 1 is categorically exempt from the provisions of the California Environmental Quality Act. NOTICE IS HEREBY GIVEN that the initial environmental assessment for Item No. 2 was processed and completed in accordance with the California Environmental Quality Act. It was determined that Item No. 2 would not have any significant environmental effects and that a negative declaration is warranted. Negative Declaration No. 03-09 was approved by the Zoning Administrator on June 2, 2004. No appeals were filed during the 10-day appeal period. The document is on file at the City of Huntington Beach Planning Department, 2000 Main Street, and is available for public inspection by contacting the Planning Department, or by telephoning (714) 536-5271. ON FILE: A copy of the proposed request is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office on (Thursday before meeting) September 16, 2004. (g:legals:CCLGFRM2a) ALL INTERESTED PERSONS are invited to attend said meeting and express opinions or submit evidence for or against the application as outlined above. If there are any further questions please call the Planning Department at 536-5271 and refer to the above item. Direct your written communications to the City Clerk Joan Flynn, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 (g:legals:CCLGFRM2a) Jam Free Printing IVUULIIN�Lu—Jun �'ye co m Use Avery®TEMPLATE 5960T"" �7 03 - G: ls\Public 9MGVERy AVERY®5960TM 0-111, Planning D' ctor 24 James]ones 31 HB Hamptons A 38 Cittof S Beach Ocean V 9lementary Progressiv ommunity NIgmt t St Schooloistnct 27405 erta Real,#300 each,CA 90740 172C16 Pmehurst Lane lvfis on Viego,CA 92691 Huntington Beach CA 92647 California Coastal Commission 25 Jon M Ar d 32 Sally Grah 39 Theresa Henry . Wes r School District Meadow Area South Coast Area Office 1412 edarwood Avenue 5161 gilding Circle. 200 Oceangate,10th Floor W tmin ter CA 92683 H tin Beach;CA.92649 Long Beach,CA 92802-4302 California Coastal Commission 25 Patricia Koch 33 Cheryle Brownie 39 South Coast Area Office HB 110- n School Disrict Meadowlark & 200 Oceangate,loth Floor 1025 town Avenue 16771 osevelt Lane Long Beach,CA 92802-4302 Hunn Beach,CA 92646 Huntington Beach,CA 92649 Robert Joseph 26 CSA,Inc. 34 Hearthside Homes 40 Caltrans Di ct 12 Marsha11 pp,President 6 Executive Circle,Suite 250 3337 elson Drive,Suite 380 204 N Irvine,CA 92614 e,CA 92612-1699 N ort Beach,CA 92660 Director 27 Goldenwest ege 35 Bolsa Chica Land t 41 Local Solid Was nf.Agy. Attn:Fre ens 5200 Warn venue,Ste. 108 O.C.Heal are.Agency 15744 ldenwest St Hun ' on Beach,CA 92649 P.O. 355 Huntington Beach CA 92647 S Ana;CA 92702 New Growth Coor ' or 28 OC County Har rs,Beach 36 Bolsa Chica Lan�st 41 Huntington B Post Office and Park ept Evan He ,-President 6771 W Ave. P.O. x 4048 1812 P Tiffin Place Hun' gton Beach,CA 92647 S Ana,CA 92702-4048 Ne ort Beach,CA 92660 Marc Ecker 29 Huntington Beach Mall 37 Steve Homer, elson 42 Fountain V Elem.School Dist Attn:Pat Rogers-Laude SEHBNA 17210 Street 7777 Edinger Ave.#300 P.O. 5696 Fo Valley CA 92708 Huntington Beach CA 92647 Hun gton Beach,CA 92615 Dr.Gary Ruth er a Super. 30 Country View Es HOA 38 OC Sanitatio9,Wtuct 42 11faen BB City 1 tary School Dist Carrie Th 10844 E�Li.<Avenue 20451 ratmer Lane 6642XTTrer Drive Fountain Valley CA 92708 Hu�gton Beach,CA 92648 Hunn Beach CA 92648 =Ci d Peery 30 Country View tes HOA 38 Ed Blackford, i ent 42 ementary School Dist Gerald Ch man AES H gton Beach,TLC 2045 raimer Lane 6742 S � e Circle 2173 ewland Street tington Beach,CA 92648 Huntington Beach CA 92648 H tington Beach CA 92646 wi096S OAU3A Af AN3AV-09-008-L wi096S 3NIdWR eGand ash wo:)•tiane•nnnnnn 6UIIU1Jd Ma wer jam rree Printing MyR,INC9RNIS Use Avery®TEMPLATE 5960T.— G:Lab1MT12911s\Pub1ic hIaND-GO-AVERY ® AVERY@ 5960Tm O� President 1 Huntington Har POA 10 Sue Johnson 16 H.B.Chamber of Commerce P.O.Box 1, 6 1 t Bay Lane 19891 Beach Blvd.,Ste.140 Sunse ach,CA 90742 H on Beach,CA 92648 Huntington Beach,CA 92648 .Betty Jo Woollett 2 William D.Holman 11 Edna Littlebury 17 Orange County Assoc.of Realtors PLC Gldn St.Mob.Hm.Owners Leag. 25552 La Paz Road 19 Corporate Plaza Drive 11021 Magnolia Blvd... Laguna Hills,CA 92653 Newport Beach CA 92660-7912 Garden Grove,CA 92642 PresidenZ 3 Tom Zam 12 Pacific Coast Archaeological 18 Amigos Chica New est Society,Inc. 16531a Street,Suite 312 520 100 P.O.Box 6 H gton Beach,CA.92649 Monica,CA 01 Cost esa,CA 92627 - A :Jane Gothold . Sunset Beach mmunity Assoc. 4 Pres.,H.B.Hist.Society 13 Director 19 Pat Thies, esident C/O Newland House Museum O.C.Ping.&Dev.Services Dept PO Bo 15 19820 Beach Blvd. P.O.Box 4048 Sun Beach,CA 90742-0215 Huntington Beach,CA 92648 Santa Ana,CA 92702-4048 President 5 Community Services Dept. 14 Vicky Wilson 19 Huntington Beach Tomorrow Chairperson O.C.Public Facilities&Res.Dept. PO Box 865 Historical Resources Bd. P.O.Box 4048 Huntington Beach,CA 92648 Santa Ana;CA 92702-4848 Julie Vandermost 6 Council on 15 Planning Direc 20 BIA-OC 1706 O ge Ave. Ci� ty of C a Mesa 17744 Sky Park Circle,#170 H on Beach,CA 92648 .O. ox 1200 Irvine CA 92614 4441 a Mesa,CA 92628-1200 Richard Spice 7 Jeff Metze1 16 Planning Directo 21 SCAG Seacliff H City of Fo Valley 818 est 7th,12th Floor 1939 dy Harbor Circle 10200 ter Ave. s Angeles,CA 90017 H tington Beach,CA 92648 F tain Valley,CA 92708 E.T.I.Corral 100 ; . 8. John Roe 1.6 Planning Director,,,,-- 22 Mary Bell Seacliff City of Ne rt Beach 20292 Eastwood Cir. 1938 urfdale Lane P.O. 1768 Huntington Beach,CA 92646 H tington Beach,CA 92648 Nev6ort Beach,CA 92663-8915 Al Hendricker 9 Lou Hannon 16 Planning Director 23 Environmental Board Chairman Seacliff City of We ster 8452 Grace Circle 1982 cean Bluff Circle 8200 tminster Blvd. Huntington Beach,CA 92646 tington Beach CA 92648 Westminster,CA 92683 AV3AV-09-008-1 w10965 31V1dW31 okmv ash w10965 6AIJ3AV worAj8Ae- M M 6U11U1Jd aaaI we f CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARING REQUEST SUBJECT: ' �- 3 DEP TMEN T: ��iy/�[ 1^ MEETING DATE: CONTACT: PHONE:_ /,��y N/A YES NO ( ) ( ( ) Is the notice attached? Do the Heading and Closing of Notice reflect City Council(and/or Redevelopment Agency)hearing? Are the date,day and time of the public hearing correct? ® � i + ( ) ( ) If an appeal,is the appellant's name included in the notice? i I ( ) ( ) If Coastal Development Permit,does the notice include appeal language? ( ) ( ) Is there an Environmental Status to be approved by Council? f { ( ) ( ) Is a map attached for publication? ( ) ( ) Is a larger ad required? Size ( ( ) ( ) Is the verification statement attached indicating the source and accuracy of the mailing list? ( ( ) ( ) Are the applicant's name and address part of the mailing labels? ( ( ) ( ) Are the appecanes name and address part of the mailing labels? If Coastal Developmeat Permit,is the Coastal Commission part of the mailing labels? i i . ( ) ( ) If Coastal Development Permit,are the resident labels attached? ( ) ( ) ( ) Is the Report 33433 attached? (Economic Development Dept,items only) Pleas complete the following: 1. Minimum days from publication to hearing date 1 U 2. Number of times to be published 3. Number of days between publications ---�" 21 f r °� CITY OF HUNTINGTON BEACH 1 0 13 Inter Office Communication Planning Department TO: Honorable Mayor and City Council Members VIA: Penelope Culbreth-Graft, City Administrator FROM: Howard Zelefsky, Director of Planning 4 DATE: July 20, 2004 SUBJECT: ZONING TEXT AMENDMENT NO. 03-02, ENTITLEMENT PERMIT STREAMLINING PHASE II—STUDY SESSION On May 17, 2004, the City Council held a study session to review Zoning Text Amendment No. 03-02. Upon review City Council directed staff to return on August 2, 2004, to discuss the details of the proposed streamlining ordinance. Council directed staff to notice the study session. Pursuant to the City Council's request, a matrix of the proposed amendments and the draft ordinances are attached for review. Attachments o xc: Bill Workman, Assistant City Administrator Scott Hess, Planning Manager Mary Beth Broeren, Principal Planner �' � roc G A\AdmLtr\Admltr04\0629rm1.doc ZONING TEXT AMENDMENT 03-02 ENTITLEMENT PERMIT STREAMLINING PHASE II ZONING TEXT AMENDMENT REQUEST ➢To amend the Huntington Beach Zoning and Subdivision Ordinance to streamline the entitlement processes BACKGROUND ➢2003- City Council initiated Phase II of the Permit Streamlining in response to budget reductions and staff cutbacks. );;;,Chamber of Commerce met with staff to discuss code changes ➢2004-Amendments supported by Chamber of Commerce BACKGROUND (Cont'd) ➢ January 2004- Planning Commission commences review of proposed amendments; three study sessions ➢ March 9, 2004- Planning Commission approved the Zoning Text Amendment with modifications ➢ April 19, 2004- City Council opened public hearing and continued item to the May 17, 2004 study session ➢ May 17, 2004, City Council held study session rescheduled study session to August 2, 2004 ➢ June 7, 2004 Council opened and closed public hearing and readvertised to date uncertain. 2 PURPOSE ➢Zoning Text Amendment No. 03-02 proposes to: ➢Decrease processing time for applicants ➢Reduce application costs for the business community and homeowners ➢Provide improved customer service ➢Encourage new businesses to locate in Huntington Beach PURPOSE (cont'd) ➢The Entitlement Process is streamlined by: ➢Reducing number of CUP'S heard by Planning Commission and Zoning Administrator ➢Increasing the Zoning Administrator's discretion in reviewing code exceptions ➢Modifying criteria requiring an entitlement 3 NOTIFICATION AND APPEAL PROCEDURES: ➢A decision on any item may be appealed. ➢Projects subject to notice requirements ➢Planning Commission, Zoning Administrator and Subdivision Committee, Residential Infill ➢Neighborhood Notification required for certain projects approved by the Planning Director Example of Public Hearing Notification for Discretionary Permits m ® a 300 foot radius for discretionary permits, i.e., Conditional Use Permits, Variances, o� etc. ® • Requires 10 day Eel appeal period prior to issuance of Building .......... Permits 300' RADIUS OWNERSHIP MAP 4 Example of notification for Infill Residential Projects • Contiguous to O Q Q O one or moreg existingsingle STREET family residential o units. • Excludes ALL parcels 0 Q Q i separated by S=Subjatroiufilldndopaatsnoda�s streets N-N1W'a 1O611 do 1 auu z,6w S Example of Neighborhood Notification for Commercial Projects • Adjacent 1 i i i 1 owners an tenants I�iW I. P notified. q a STREET • 10 day review ,._._._._._._._._.__.......__._....... ....... period I p i � P Cartarertdktla P i • 10 day appeal -- period prior to RaMW f ---------;--- � P i issuance of !'! I S-Subject Site i P! P 1 T-NotificationrequiredtoTeoaats Building Notificatianrequired to Property Owners Permits 5 Example of Neighborhood Notification for Residential Projects W SAMPLE NOTIFICATION . Adjacent property 1111 owners and tenants are notified STREET • Includes properties IN across street and alley X X Requires 10 day review ALLEY period MM F11 X Requires 10 day appeal $ X period prior to issuance PROJECT PARCEL of Building Permits X-NOTICE REQUIRED PROPOSED ENTITLEMENT CHANGES ➢ZTA will codify existing policies and clarify 15 chapters and various sections of the Downtown Specific Plan TYPE OF USE Current Proposed Review Review Additions to non-conforming structures(all zones) ZA P/NN Bed&Breakfast Inns(CO,CG) PC ZA Community&Human Services/Residential Care,General PC ZA (CG,IG,IL) Convalescent Facilities(CO,CG) PC ZA ➢ PC—Planning Commission P—Permitted ➢ ZA—Zoning Administrator AP-Administrative Permit 6 PROPOSED ENTITLEMENT CHANGES (cont'd) TYPE OF USE CURRENT PROPOSED REVIEW REVIEW Commercial Recreation and PC ZA Entertainment(CG,IG,IL) Day Care,Large Family(residential- 12) ZA P/NN Day Care,General(residential zones) ZA P Day Care,General(CO,CG,IG,IL) PC ZA Eating&Drinking Establishments(IG,IL) ZA PINN Eating&Drinking Establishments ZA P/NN w/drive through(CG,CV) Fw &Drinking Establishments ZA P/NN /outdoor dining>400 sq.ft.(no alcohol) ➢ PC—Planning Commission P—Permitted ➢ ZA—Zoning Administrator AP-Administrative Permit PROPOSED ENTITLEMENT CHANGES (cont'd) TYPE OF USE CURRENT PROPOSED REVIEW REVIEW Eating&Drinking Establishments PC ZA w/dancing(CO,CG,CV) Emergency Shelters/Kitchens(<5,000 ZA P s.ft.)(CG) Emergency Health Care(<5,000 s.ft.) ZA P (CO,CG) Group Residential(CO,CG,CV) PC ZA Hotels,Motels(CG) PC ZA Laboratories(<5,000 s.ft.)(CO,CG) ZA P/NN ➢ PC—Planning Commission P—Permitted ➢ ZA—Zoning Administrator AP-Administrative Permit 7 PROPOSED ENTITLEMENT CHANGES (cont'd) TYPE OF USE CURRENT PROPOSED REVIEW REVIEW Offices,Business& PC ZA Professional(IG,IL) Parking Controls-valet service PC ZA Primary Health Care(<5,000) ZA P Personal Enrichment <2,500 P/NN <5,000 P/NN Services(CO,CG,IG,IL) >2,500 ZA >5,000 ZA Services Stations(CG,CV, PC ZA IG,IL) School,Public or Private(IG, PC ZA IL) i PC-Planning Commission P-Permitted i ZA-Zoning Administrator AP-Administrative Permit PROPOSED ENTITLEMENT CHANGES (cont'd) PERMIT STREAMLINING DEVELOPMENT STANDARDS—PROPOSED AMENDMENTS USE/STANDARD CURRENT PROPOSED REVIEW REVIEW Utilities,Minor(IG,IL) PC ZA Accessory Dwelling Units ZA P/NN Fencing within front yard ZA P/NN setback(RL/RMH-A) > PC-Planning Commission P-Permitted > ZA-Zoning Administrator AP-Administrative Permit 8 PROPOSED ENTITLEMENT CHANGES (cont'd) PERMIT STREAMLINING DEVELOPMENT STANDARDS—PROPOSED AMENDMENTS USE/STANDARD CURRENT PROPOSED REVIEW REVIEW Game Centers(CG,CV) ZA P Home Occupation Permit ZA P/NN Parking reduction for certain uses(see PC ZA Chapter 231.08) Industrial Screening Walls(IG,IL) ZA AP i PC—Planning Commission P—Permitted ➢ ZA—Zoning Administrator AP-Administrative Permit PROPOSED ENTITLEMENT CHANGES cont'd PERMIT STREAMLINING DEVELOPMENT STANDARDS—PROPOSED AMENDMENTS USE/STANDARD CURRENT PROPOSED REVIEW REVIEW Sign Code Exception AP<10% AP<20% DRB>10% DRB>20% Electronic Reader Board PC ZA Temporary Use Permit ZA ZA >72 Hrs >96 Hrs Outdoor Storage ZA AP ➢ PC—Planning Commission P—Permitted i ZA—Zoning Administrator AP-Administrative Permit 9 PROPOSED ENTITLEMENT CHANGES (COASTAL COMMISSION) • Proposed amendments to the Downtown Specific Plan will require separate action of approval from the California Coastal Commission. • Approval process will general take one to two years. DOWNTOWN SPECIFIC PLAN DISTRICT 3 _1 On UOOil UU M11 On 00 �_E Li l ❑ _ (ilIII Cyr r•nererc mnsr rlwv. -- i DISTRIC—F#.I l' orov,w ppWN'I"OWN SPECIFIC PLAN 10 ll DOWNTOWN SPECIFIC PLAN DISTRICT 7 O0000. �' Ifi -IE®`��U� ITHEIll o �l]muTHU ��� ® PV- DISTRICT 07 4 DOWNTOWN SPECIFIC PLAN DOWNTOWN SPECIFIC PLAN DISTRICT 9 IDmmm RUIE ®m omoomm� d DISTRICT 09 DOWNTOWN SPECIFIC PLAN 12 DOWNTOWN SPECIFIC PLAN DISTRICT 10 Comm o �mUU� mmm0��� m1MUD m� pq E119®moo DsrluCr no 4 .ui..00w.i r DOHTITOWN SPECIFIC PLAN FEES AND PROCESSING SUMMARY PC ZA NN $69815 $39502 $736 6 Mos. 3 Mos. 3Wks • 18 CUP's being reduced from PC to ZA • 5 CUP's being reduced from ZA to NN 13 ANALYSIS ➢ Director's responsibilities include administering, interpreting and enforcing all requirements and standards of the code. ➢ Director may approve Administrative Permits which allow for minor deviations from the strict interpretation and standards of the Zoning Code. ➢ Proposed amendments expand list of permit review from the Zoning Administrator to the Planning Director. The Director or designee may approve Administrative Permits that meet the requirements of the code. ANALYSIS (cont'd) ➢Revenue Analysis (Two Year Comparison-2002-2004 Fees) 120 CONDITIONAL USE PERMITS (2002-2004) PC ZA Permitted Total Total Fees CUP'S CUP'S (No Fee) Collected Current Code 31 89 - 120 $223,728 Proposed Text 25 74 21 120 $188,826 Amendment 14 RECOMMENDATION Planning Commission and staff recommends that Zoning Text Amendment No. 03-02 be approved because: ➢Decreases processing time ➢Reduces application costs for homeowners and business ➢Provides for improved customer service ➢Encourages new businesses to locate in Huntington Beach END OF SLIDE SHOW 15 -PERMIT STREAMLINING PHASE II-CONDITIONAL:USE PERMITS; TYPE :USE ::°:' :` ; .r.OF POSE - --- _ 8154736 .E::�_�;_�>:. RESIDENTIAL:- CHAPTER 210 1. Group Residential (RMH, RH Zones) PC 2. Multi-Family: 2-4 Units (RL Zone) ZA 3. 5-9 Units(Not RMP Zones) ZA 4. 1 10 or More Units (Not RMP Zones) PC 5. Manufactured Home Parks (RL, RM, RMP) ZA 6. Clubs and Lodges (RL, RMZones-PC), (RMH, RH, PC/ZA RMP Zones-ZA) 7. Da Care(Lar a Famll Maz 12 ZA'..; : • ;:.: . .: ;.:: P/NN >:4 -: :- ;< . 8. 'Day Care,.GenRZorie},'eral( L -RMP Zonis :RMP ZOKCS y 9. Park&Recreation Facilities(RL, RM,RMH, RH, ZA RMP Zones) 10. Public Safety Facilities PC 11. Religious Assembly (RL Zone- CUP from PC PC required may include schools as accessory use and general day care)(RM, RMH, RH, RMP Zones 12. Residential Care,General (RM Zone) PC (RMH, RH,RMP Zones 13. Schools,Public,or Private(RL, RM,RMH, RH, RMP PC Zones 14. Utilities Ma•or(RL, RM,RMH, RH, RMP Zones) PC 15. Communication Facilities (RL, RM, RMH, RH, ZA RMP Zones 16. Horticulture RL, RM, RMH, RH, RMP Zones ZA 17. Nurseries RL, RM, RMH, RH, RMP Zones ZA 18. Visitor Accommodations/Bed and Breakfast PC RMH, RH COMMERCIAL DISTRICTS: CHAPTER 211 -19. ro ldential CO CG:CVZones -. G n 'Res 20. Multifamily Residential (CV Zone) PC 21. Clubs and Lodges (CO, CG Zones) ZA 22. Drug Abuse Centers (CG Zone) PC 23. P_ _Health Care CO°;.CG Zones -- <:<2'500a 1L.- ' ti' 000 Y . OOs :ft..ZA....,...:::-..,'.: 5'OOO..... :ft:ZA ..::• 24: Emeirgen6 Shelters&Emergency Kitchens 52,500sq ft.ZA> =_ Q00 .. ., . .<:.. w >2 500 '>5 000WL'T 25. Residential Car General CO,CG Zones PC° 7.A` 6.. Convalescent Facilities CO--CG Zones 27. Cultural Institutions CO, CG Zones PC PC 28. Day:Care General(CO,:CGZones ,,. .;;; <2;500„s: ft ZA`; >Z 500 s :ft.PC<. y5 000 PG '=: PC- Planning Commission:Public Hearing,Conditions of Approval,4—6 month processing,Fee ZA- Zoning Administrator:Public Hearing,Conditions of Approval,2-3 month processing,Fee NN-Neighborhood Notification:No Public Hearing,Conditions of Approval,2-4 week processing,Fee P- Permitted/Director Approval:HBZSO standard conditions,Plan Check Process,Plan Check Fee CCMatrix-Revised June 30,2004 T STREAMLINING PHASE II-CON PERM)t_ DITI'4NA ;USE PERMI Z S NO. �'=. TYPE OF USE " CURRENT REVIEW PROPOSED. PC$ 6,815,:, REVIEW ZA $3,502,::, _ NN$736 29. Emergency=Health Care(CO,.CG Zones) <2,500 sq.ft. ZA -' <5,000 sq.ft. ZA >2;500 sq.ft. PC >5,000 sq.ft:PC 30. Heliports (CO, CG, CV Zones) (B-Sec. 230.40 PC Helicopter Takeoff and Landing Areas) 31. Hospitals (CO, CG Zones) PC 32. Parks &Recreation Facilities (CO, CG, CV Zones) PC 33. Public Safety Facilities (CO, CG, CV Zones) PC 34. Religious Assembly (CO, CG Zones) ZA 35. Schools, Public or Private (CO, CG Zones) PC 36. Utilities, Major(CO, CG, CVZones) PC 37. Ambulance Services (CG Zone) ZA 38. Animal Boarding(CG Zone) ZA 39. Animal Hospitals (CG Zone) ZA 40. Equestrian Centers (CG Zone) PC 41. Pet Cemetery (CG Zones) PC -42: Commerdal Recreation and Entertainment(CG, ,-PC ZA CV Zones) 43. Communication Facilities (CO, CG, CV Zones) PC Eating&Drinking Establishmetits' - 44. W/Drive-Thru (CG, CG, CVZones) ZA P 45. W[Danein- (CO, CG, CV Zones)_'. PC . ZA 46. W/Outdoor] inin g with>,400 s, . ft ZA P/NN 47. W/Alcoholic Beverage Sales (CG, CV Zones) ZA 48. Funeral & Internment Services (CG Zone) ZA Laboratories-(CO, CGZones) :::; :., _ "ZA `P/NN 50. Nurseries (CG Zone) ZA 51. Pawn Shops (CG Zone) ZA 52. Personal Enrichment Uses if space is up to 2,500 <2,500 sq.ft. NN ', <5,000 sq.ft. sq.,ft. (CO; CGZones) :r�.:':, >2.500 sq.ft.ZA PAN . >5,000 sq.ft. ZA 53. Research&Development Services (CO, CG Zones) ZA 54. Swap Meets/Indoor/Flea Markets (CG Zone) PC 55. Swap Meets,Recurring CG Zone) ZA 56. Tattoo Establishments (CG Zone) PC 57. Automobile Washing(CG Zone) PC/ZA 58: Commerci4-Parkin a(CG, CVZones)' 9 tions,(GG,_CT!Zones} :: PC. . ; ZA 5 _; Service Sta 60. Vehicle Equipment Repair(CG Zone) ZA 61. Bed&,Breakfast Inns(CO, CGZones) PC ZA PC- Planning Commission: Public Hearing,Conditions of Approval,4—6 month processing,Fee ZA- Zoning Administrator: Public Hearing,Conditions of Approval,2-3 month processing,Fee NN-Neighborhood Notification:No Public Hearing,Conditions of Approval,2-4 week processing,Fee Q- Permitted/Director Approval: HBZSO standard conditions,Plan Check Process,Plan Check Fee CCMatrix-Revised June 30,2004 2 PERMIT STREAMLINING.PHASE 11 CONDITIONAL;USE PERMITS , ', TYPE OF USE CURRENT REVIEW �`PROPOS'ED PC$ 6,815,, REVIEW ZA $3,502`,: . NN $736. . `62 Hotels;Motels (CG;;CV Zones) PC PC (CV), ZA,(CG) 63. Time Shares (CG, CV Zones) PC 64. Residential Hotel (CG, CV Zones) PC 65. Single Room Occupancy (CG, CV Zones) PC INDUSTRIAL DISTRICTS: CHAPTER 212 66. Group Residential ZA Coln nity,& Hainan Service Facihhes PC ZA_ Zones . 68. Day Care, General(IG,IL Zones) PC ZA 69. Heliports Maintenance & Service Facilities(IG, IL PC Zones) 70. Religious Assembly (IG, IL Zones) ZA 71. _ Schools,Public.or Private.(IG,IL Zones) PC ZA 72. Utilities, Major(IG, Il Zones) PC 73. Utilities;•lYlinor(IG;ILZones) PC ZA' Commercial Uses Section 74. Ambulance Services (IG, IL Zones) ZA 75. Animal Boarding(IG, IL Zones) ZA 76. Animal Hospitals (IG, IL Zones) ZA 77. Banks& Savings & Loans (IG, IL Zones) PC 78. Commercial Filming(IG,IL Zones) ZA 79 Commercial Recreation and Eritertainment(XG, PC ZA IL Zones) 80. Communication Facilities (IG, IL Zones) ZA 81. Eatin .&DriipWo Establishments-a!G,IL Zones) ZA _ PAN 82. W/Live Entertainment(IG,IL Zones) ZA 83. Food&Beverages Sales (IG, IL Zones) ZA 84. Hospitals &Medical Clinics (IL Zone) PC 85_ :., Offices;Business;&,Professional G,7L Zones PC ZA 86. ; Persorial Enrichment(IG,7L Zones) ZA PINN 87. Personal Services (IG, IL Zones) PC 88. Sex Oriented Businesses (IG, IL Zones) P 89. Sex Oriented Businesses (IG, IL Zones) PC 90. Swap Meets, Indoor/Flea Markets (IG, IL Zones) PC 91. Services Stations-(IG, IL Zones) PC ZA 92 Vehicle Storage (IG Zone-Permitted) (IL Zone) P/ZA 93. Quasi Residential (IG, IL Zones) PC 94. Warehouse and Sales Outlets (IG, IL Zones) PC PC- Planning Commission: Public Hearing,Conditions of Approval,4—6 month processing,Fee ZA- Zoning Administrator: Public Hearing,Conditions of Approval,2-3 month processing,Fee NN-Neighborhood Notification: No Public Hearing,Conditions of Approval,2-4 week processing,Fee P- Permitted/Director Approval: HBZSO standard conditions,Plan Check Process,Plan Check Fee CCMatrix-Revised June 30,2004 3 PERMIT STREAIVhLINING PHASE II C(JNDITIONAL USE PERMITS;' NO TYPE OF i1SE' CURRENT REVIEW PROROSED PCB 6815 REVIEW, ZA$:3y502 NN 5736 PUBLIC SEMI-PUBLIC DISTRICTS: Ch t.214 Public Semipublic Section (PS Zone) 95. Cemetery PC 96. Cultural Institutions PC 97. Day Care, General PC 98. Governmental Offices PC 99. Hospitals PC 100. Maintenance & Service Facilities PC 101. Park&Recreation Facilities PC 102. Public Safety Facilities PC 103. Religious Assembly ZA 104. Residential Care, General PC 105 Schools, Private or Public PC 105. Utilities Major PC Commercial Uses Section 107. Commercial Parking Facilities PC 108. Vehicle/Equipment Sales& Service PC OIL PRODUCTION OVERLAY DISTRICT.• CHAPTER 220 Sec. 220.24 109 Criteria for,Modaficatcon or Reduction",of :PC PLANKING DetbcatiQn:r ai`rements, DIRECTOR;""-,y ` FLOODPLAIN 0VERLAY DISTRICT.• Chpt. 222 Sec. 222.12 Land Use Controls 110 A FPl Subdtstr�ct PC ZA 2 Uses Requiring a CUP from.PC b Only Temporary structures=and)�tecreat�'on _. areas will re "u�re CUP;from ZA SITE STANDARDS: CHAPTER 230 112, Sec:'23012;Home Occu anon, ZA 113 Sec 230 36 Transportation Demand PC/ZA PLANNING Mana ement: RECTOR' 114, Sec`230,38;Game;:Centers (CG'.CV:Zones ;:', ;ZA' P` 115 Sec 230 74 Outdoor storage ZA PLANNING DIRECTOR Sec. 230.88 Fencing and Yards 116 A 11 " Deviations from the maximum height in M P%NN 7 front- and only PC-Planning Commission:Public Hearing,Conditions of Approval,4—6 month processing,Fee ZA-Zoning Administrator:Public Hearing,Conditions of Approval,2-3 month processing,Fee NN-Neighborhood Notification:No Public Hearing,Conditions of Approval,2-4 week processing,Fee P-Permitted/Director Approval:HBZSO standard conditions,Plan Check Process,Plan Check Fee CCMatrix-Revised June 30,2004 4 P. . , .,�IT:STREAM . ER1VL � � IJ°rNING PHASE=II=CONDITIONAL.TISE PERIVIITS NO. =: TYPE OF USE CURRENT REVIEW `"PROPOSED . PG$;6,815 REVIEW ZA,$-3,502 _ NN$736 "117.. B. 2. Industrial screening walls abutting ZA PLANNING ' arterial"highwa s DIRECTOR OFF STREET PARKING. CHAPTER 231 118 A.Allows discretionary body to reduce the"', PC ZA , number of parking spaces: 119. kc. 231.18.-2.Parking Controls. Valet service, PC ZA r booths ,,and/or collection`of fees. 120. Sec. 23120:Corr�pact Parking. " ZA/PC/CC PLANNING DIRECTOR%ZA SIGNS. CHAPTER 233 121. >ec. 233.14 Reader Board Signs. PC ZA " NON-CONFORMING USES AND STRUCTURES. CHAPTER 236 122�. Sec. 236 06 A_ddition�to Npncoiifoi riiing ",ZA � � �P,T INNING` � structures - DIRECTOR/ NN PC-Planning Commission:Public Hearing,Conditions of Approval,4—6 month processing,Fee ZA-Zoning Administrator: Public Hearing,Conditions of Approval,2-3 month processing,Fee NN-Neighborhood Notification:No Public Hearing,Conditions of Approval,2-4 week processing,Fee P-Permitted/Director Approval: HBZSO standard conditions,Plan Check Process,Plan Check Fee CC Matrix-Revised June 30,2004 5 �Gr,•g is c- /�/��v�� �h March 16,2004 �A Ca� C..f'�2`��.,f •����� LEGISLATIVE DRAFT r 3 3 Chapter 204 Use Classifiatio cns �r (3334-6/97,3378-2/98,3521-2102,3568-9/02) Sections: 204.02 Applicability 204.04 Uses Not Classified 204.06 Residential Use Classifications 204.08 Public and Semipublic Use Classifications 204.10 Commercial Use Classifications 204.12 Industrial Use Classifications 204.14 Accessory Use Classifications 204.16 Temporary Use Classifications 204.02 Applicability Use classifications describe one or more uses having similar characteristics, but do not list every use or activity that may appropriately be within the classification. The Director shall detern;ine 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-&97) 204.04 Uses Not Classified Any new use, or any use that cannot be clearly determined to be in an existing use classification, may be incorporated into the zoning provisions by a Zoning and Subdivision Ordinance text amendment, as provided in Chapter 247. Such an incorporation shall not be effective unless certified by the Coastal Commission as a Local Coastal Program amendment. (3334-6/97) 204.06 Residential Use Classifications A. Day Care, Limited(or Small-Famil Non-medical care and su ervision of. six or fewer persons, or eight or fewer persons if two of the persons are six years of age or older, on a less than 24-hour basis. Children under the age of 10 years who reside in the home shall be counted for purposes of these limits. This classification includes nursery schools,preschools, and day-care centers for children and adults. (3334-6/97) B. Group Residential. Shared living quarters without separate kitchen or bathroom facilities for each room or unit. This classification includes boarding houses, but excludes residential hotels or motels. (3334-&97) C. Multifamily Residential. Two or more dwelling units on a site. This classification includes manufactured homes. (3334-6/97) March 16,2004 Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-2 9/02 D. Residential Alcohol Recovery;Limited. Twenty-four-hour care for no more than six persons suffering from alcohol problems in need of personal services, supervision, protection or assistance. This classification includes. only those facilities licensed by the State of California. (3334-6/97) E. Residential Care, Limited. Twenty-four-hour non-medical care for 6 or fewer persons in need of personal services, supervision,protection, or assistance essential for sustaining the activities of daily living. This classification includes only those services and facilities licensed by the State of California.(3334-6/97) F. Single-Family Residential. Buildings containing one dwelling unit located on a single lot. This classification includes manufactured homes. (3334-6/97) 204.08 Public and Semipublic Use Classifications A. Cemetery. Land used or intended to be used for the burial of human remains and dedicated for cemetery purposes. Cemetery purposes include columbariums, crematoriums, mausoleums, and mortuaries operated in conjunction with.the cemetery,business and administrative offices, chapels, flower shops, and necessary maintenance facilities. -1ss34-6 7) B. Clubs and Lodges. Meeting, recreational, or social facilities of a private or ' nonprofit organization primarily for use by members or guests. This classification includes union halls, social clubs and youth centers. (3334-6/97) C. Community and Human Service Facilities. 1. Drug Abuse Centers. Facilities offering drop-in services for persons suffering from drug abuse, including treatment and counseling without provision for,on-site residence or confinement. (3334-6/97) 2. Primary Health Care. Medical services, including clinics, counseling and referral services, to persons afflicted with bodily or mental disease or injury without provision for on-site residence or confinement. 13334-&97> y = 3. Emergency Kitchens. Establishments offering food for the "homeless"and others in need. .(s334-6/97) 4. Emergency Shelters. Establishments offering food and shelter programs for "homeless" people and others in need. This classification does not include facilities licensed for residential care, as defined by the State of California, which provide supervision of daily activities. (3334-6/97) 5. Residential Alcohol Recovery, General. Facilities providing 24-hour care for more than six persons suffering from alcohol problems, in need of personal services, supervision, protection or assistance. These facilities may include an inebriate reception center as well as facilities for treatment, training, research, and administrative services for program participants and employees. This classification includes only those facilities licensed by the State of California. (3334-6/97) March 16,2004 Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-2 &97 6. Residential Care, General. Twenty-four-hour non-medical care for seven or more persons,including wards of the juvenile court, in:need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living. This classification includes only those facilities licensed by the State of Califomia.(3334. 6/97) D. Convalescent Facilities. Establishments providing care on a 24-hour basis for persons requiring regular medical attention, but excluding facilities providing surgical or emergency medical services. (3334-6/97) E. Cultural Institutions. Nonprofit institutions displaying or preserving objects of interest in one or more of the arts or sciences. This classification includes libraries, museums, and art galleries. (3334-6197) F. Day Care, Large-Family. of trNon-medical care and supervision for 7 to 12 ehildr-en persons, or up to 14 persons if two of the persons are six ears of age or older on a less than 24- hour basis. Children under the age of 10 years who reside in the home shall be counted for purposes of these limits. (3M4-&97) G. Day Care, General. �: 0 Neon-medical care for 13 or more persons on a less than 24-hour-basis.. This classification includes nurserysehools, preschools, and day-care centers for children or adults. (3334-6/97) H. Emergency Health Care. Facilities providing emergency medical service with no provision for continuing care on an inpatient basis. (3334-&97) I. Government Offices. Administrative, clerical, or public contact offices of a government agency, including postal facilities, together with incidental storage and maintenance of vehicles. (3334-6197) J. Heliports. Pads and facilities enabling takeoffs and landings by helicopter. (3334- 6i97) K. Hospitals. Facilities providing medical, surgical, psychiatric, or emergency -_ medical services to sick or injured persons,primarily on an inpatient;basis. ' This classification includes incidental facilities for out-patient treatment, as well as training, research, and administrative services for patients and employees. (3334-&97) L. Maintenance and Service Facilities. Facilities providing maintenance and repair services for vehicles and equipment, and materials storage areas. This classification includes corporation yards, equipment service centers, and similar facilities. (3334-6i97) M. Marinas. A boat basin with docks, mooring facilities, supplies and equipment for small boats. (3334-6i97) N. Park and Recreation Facilities. Noncommercial parks,playgrounds, recreation facilities, and open spaces. (3334-6i97) March 16,2004 O. Public Safety Facilities. Facilities for public safety and emergency services, including police and fire protection. (33a-6e7) P. Religious Assembly. Facilities for religious worship and incidental religious education, but not including private schools as defined in this section. (3334-&,97) Huntington Beach Zoning and Subdivision Ordinance - chapter 204 2N-3 6/97 Q. Schools. Public or Private. Educational institutions having a curriculum comparable to that required in the public schools of the State of California. (3334- 6/97) R. Utilities, Major. Generating plants, electrical substations, above-ground electrical transmission lines, switching buildings, refuse collection, transfer, recycling or disposal facilities, flood control or drainage facilities, water or wastewater treatment plants, transportation or communications utilities, and similar facilities of public agencies or public utilities. (3334-6/97) S. Utilities, Minor. Utility facilities that are necessary to support legally established uses and involve only minor structures such as electrical distribution lines, underground water and sewer lines, and recycling and collection containers. (3334-6/97) 204.10 Commercial Use,Classifications A, Ambulance Services. Provision of emergency medical care. or transportation, including incidental storage and maintenance of vehicles as regulated by - Chapter 5.20. (3334-6/97,337s-2198) 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. (3334-6/97) 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. (3334-6/97) - - .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. (3334-6/97) 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. (3334-6/e7) 5. Equestrian Centers. Establishments offering facilities for instruction in horseback riding, including rings, stables, and exercise areas. (3334-6/97) 1 March 16,2004 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. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-4 2/98 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. (3334-6/97) 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. (3334-6/97,337a-2/98) 1. With Drive-up Service. Institutions providing services accessible to persons who remain in their automobiles. (3334-6/97) 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...(3334 6I97,3378 2l98) - 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.) (3334-6/97,3378-2/98) 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) (3334-6/97,3378-2198) H. Commercial Recreation and Entertainment. Provision of participant or spectator recreation or entertainment. This classification includes theaters, sports stadiums and arenas, amusement parks, bowling alleys, billiard parlors and poolrooms as regulated by Chapter 9.32; dance halls as regulated,by Chapter 5,28;ice/roller skating rinks,golf courses, miniature golf courses; scale=model courses, shooting galleries, tennis/racquetball courts, health/fitness clubs, pinball arcades or electronic games centers, cyber cafe having more than 4 coin-operated game machines as regulated by Chapter 9.28; card rooms as regulated by Chapter 9.24; and fortune telling as regulated by Chapter 5.72. (3334-6/97,337s-2r98) 1. Limited. Indoor movie theaters, game centers and performing arts theaters and health/fitness clubs occupying less than 2,500 square feet. (3334-6/97) 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. (3334-6/97,3378-2/98,3568-9iO2)i a March 16,2004 J. Eating and Drinking_Establishments. Businesses serving prepared food or bevera,,es for consumption on or off the premises. (3334-6/97.3378-2/98) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-5 9/02` 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. (3334-6/97) a. Drive-through. Service from a building to persons in vehicles through an outdoor service window. (3334-6/97) b. Limited. Establishments that do not serve persons in vehicles or at a table. (3334-6/97) 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. (3334-&97) K. Food and Beverage Sales.. Retail sales of food and beverages.for off-site preparation and consumption. Typical uses include groceries; liquor stores, or delicatessens. Establishments at which 20 percent or more of the transactions are sales of prepared food for on-site or take-out consumption shall be classified as Catering Services or Eating and Drinking Establishments. (3334-6/97,3378-2/98) 1. With Alcoholic Beverage Sales. Establishments where more than 10 percent of the floor area is devoted to sales, display and storage of alcoholic beverages. (3334-6r97) L. Food Processing. Establishments primarily engaged in the manufacturing or processing of food or beverages for human consumption and wholesale distribution. (3334-6/97.3378-2198) Funeral and Interment Services. Establishments primarily erigaged 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. (3334-&97,3378-2198) N. Horticulture. The raising of fruits, vegetables, flowers, trees, and shrubs as a commercial enterprise. (3334-6/97,3378-2/98) 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. (3334-6/97,3378-2/98) P. Maintenance and Repair Services. Establishments providing appliance S8repair, office machine repair, or building maintenance services. This March 16,2004 classification excludes maintenance and repair of vehicles or boats; see (Vehicle/Equipment Repair). (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-6 2/98 Q. Marine Sales and Services. Establishments providing supplies and equipment for shipping or related services or pleasure boating. Typical uses include chandleries, yacht brokerage and sales, boat yards, boat docks, and sail-making lofts. (3334-6/97,3378-2/98) R. Nurseries. Establishments in which all merchandise other than plants is kept within an enclosed building or a fully screened enclosure, and fertilizer of any type is stored and sold in package form only. (3334-6/97,3378-2/98) S. Offices, Business and Professional. Offices of firms or organizations providing professional, executive, management, or administrative services, such as architectural, engineering, graphic design, interior design, real estate, insurance, investment, legal, veterinary, and medical/dental offices. This classification includes medical/dental laboratories incidental to an office use, but excludes banks and savings and loan associations. (3334-6/97,3378.2/98) T. Pawn Shops. Establishments engaged in the buying or selling of new or secondhand merchandise and offering loans secured by personal property and subject to Chapter 5.36;of the Municipal Code. (M4.6197,3378-2/98) U. Personal Enrichment Services. Provision of instructional services or facilities, including photography, fine arts, crafts, dance or music studios, driving schools, business and trade schools, and diet centers, reducing salons,ai4 fitness studios, yoga or martial arts studios, and massage in conjunction with Personal Services business. (3334- &97,3378-2/98) V. Personal Services. Provision of recurrently needed services of a personal nature. This classification includes barber and beauty shops, seamstresses, tailors, shoe repair shops, dry-cleaning businesses (excluding large-scale bulk cleaning plants),photo-copying, and self-service laundries. (3334-&97,3378-2/98) W. Research and Development Services. Establishments primarily engaged in industrial or scientific.research, including limited producttesting.: This.: classification includes electron research firms or pharmaceutical research laboratories,but excludes manufacturing, except of prototypes, or medical testing and analysis. (3334-6/97,3378-2/98) X. Retail Sales. The retail sale of merchandise not specifically listed under another use classification. This classification includes department stores, drug stores, clothing stores, and furniture stores, and businesses retailing the following goods: toys, hobby materials, handcrafted items,jewelry, cameras, photographic supplies, medical supplies and equipment, electronic equipment, records, sporting goods, surfing boards and equipment, kitchen utensils, hardware, appliances, antiques, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive parts and accessories (excluding service and installation). (3334- c� 6l97.3378-2198) - a J March 16,2004 Y. Secondhand Appliances and Clothing Sales. The retail sale of used appliances and clothing by secondhand dealers who are subject to Chapter 5.36. This classification excludes antique shops primarily engaged in the sale-of used fumiture and accessories other than appliances,but includes junk.shops, (3334-6%97;3378-2198) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-7 2/98 Z. Sex Oriented Businesses. Establishments as regulated by Chapter 5.70; baths, sauna baths and massage establishments, as regulated by Chapter 5.24; and figure model studios as regulated by Chapter 5.60. (3378-2J98) AA. Swap Meets, Indoor/Rea Markets. An occasional,periodic or regularly scheduled market held within a building where groups of individual vendors offer goods for sale to the public. (3334-sr97) BB. 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. (3334-&97) CC. Tattoo Establishment. Premises used for the business of marking or coloring the skin with tattoos as regulated by Chapter 8.70. (3334-6197) DD. Travel Services. Establishments providing.travel information and reservations to individuals and businesses. This classification excludes car' rental agencies. (3334-&97) EE. Vehicle/Equipment Sales and Services. 1. Automobile Rentals. Rental of automobiles, including storage and incidental maintenance,but excluding maintenance requiring pneumatic lifts. (3334-&97) 2. Automobile Washing. Washing, waxing, or cleaning of automobiles or similar light vehicles. (3334-s/97) 3. Commercial Parking Facility. Lots offering short-term or long-term parking to the public for a fee: (3334-6i97) 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. (3334-&97) 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 6 0 retreading or recapping. (3334-6/97) March 16,2004 • a. Limited. Light repair and sale of goods and services for vehicles, including brakes, muffler, tire shops, oil and lube, and accessory uses, but excluding body and fender shops, upholstery, painting, and rebuilding or reconditioning of vehicles. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-8 2/98 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. (3334-&97) 7. Vehicle Storage. Storage of operative or inoperative vehicles. This classification includes storage of parking tow-aways, impound yards, and storage lots for automobiles, trucks,buses and recreational vehicles, but does not include vehicle dismantling. (3334-&97) FF. 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. - (3334-6/97) 2. Hotels and Motels. Establishments offering lodging on a weekly or less than weekly basis. Motels may have kitchens in no more than 25 percent of guest units, and "suite" hotels may have kitchens in all units. This classification includes eating, drinking, and banquet service associated with the facility. (3334-6/97) GG. Warehouse and Sales Outlets. Businesses which store large inventories of goods in industrial-style buildings where these goods are not produced on the site but are offered to the public for sale. (3334-6/97) ;HH. (quasi Residential 1. Residential Hotels. Buildings with 6 or more guest rooms without kitchen facilities in individual rooms, or kitchen facilities for the exclusive use of guests, and which are intended for occupancy on a weekly or monthly basis. (3334-6/97) 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. (3334-&97) 3. Time-Share Facilities. A facility in which the purchaser receives the right in perpetuity, for life or for a term of years, to the recurrent exclusive use or occupancy of a lot, parcel, unit or segment of real property, annually or on some other periodic basis for a peg" d of .! March 16,2004 time that has been or will be allocated from the use or occupancy periods into which the plan has been divided. A time-share plan may be coupled with an estate in the real property or it may entail a license or contract and/or membership right of occupancy not coupled with an estate in the real property. .(3334-6/97) - Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-9 6/97 204.12 Industrial Use Classifications A. Industry, Custom. Establishments primarily engaged in on-site production of goods by hand manufacturing involving the use of hand tools and small-scale equipment. (3334-6/97) 1. Small-scale. Includes mechanical equipment not exceeding 2 horsepower or a single kiln not exceeding 8 kilowatts and the incidental direct sale to consumers of only those goods produced on- site. Typical uses include ceramic studios,candle-making shops, and custom jewelry manufacture. (3334-6/97) B. Industry, General. Manufacturing of products,primarily from extracted or raw materials, or bulk storage and handling of such products and materials. Uses in this classification typically involve a high, incidence of truck or rail traffic; and/or outdoor storage of products materials,`equiprtient, or bulk fuel. This classification includes chemical manufacture or processing, food processing and packaging,laundry and dry cleaning plants, auto dismantling within an enclosed building, stonework and concrete products manufacture (excluding concrete ready-mix plants), small animal production and processing within an enclosed building, and power generation. (3334-6/97) C. Industry, Limited. Manufacturing of finished parts or products, primarily from previously prepared materials; and provision of industrial services, both within an enclosed building. This classification includes processing, fabrication, assembly, treatment, and packaging,but excludes basic industrial processing from raw materials and Vehicle/Equipment Services,but does allow food processing for human consumption. (3334-6/97) D. Industry, Research and Development...Establishments primarily engaged-in " . the research, development, and controlled production of high=technology electronic, industrial or scientific products or commodities for Sale,but prohibits uses that may be objectionable in the opinion of the Director,by reason of production of offensive odor, dust, noise, vibration, or in the opinion of the Fire Chief by reason of storage of hazardous materials. Uses include aerospace and biotechnology firms, and non-toxic computer component manufacturers. (3334-6/97) This classification also includes assembly, testing and repair of components, devices, equipment, systems, parts and components such as but not limited to the following: coils, tubes, semi-conductors; communication, navigation, guidance and control equipment; data processing equipment; filing and labeling machinery; glass edging and silvering equipment; graphics and art equipment; metering equipment; optical devices and equipment; photographic equipment; radar, infrared and ultraviolet equipment; radio and 1- television equipment. (3334-6/97) i March 16,2004 This classification also includes the manufacture of components, devices, equipment, parts and systems which includes assembly, fabricating, plating and processing, testing and repair, such as but not limited to the following: machine and metal fabricating shops, model and spray painting shops, environmental test, including vibration analysis,.cryogenics, and related functions, plating and processing shops,nuclear and radioisotope -(33M-697). Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-10 6/97 This classification also includes research and development laboratories including biochemical and chemical development facilities for national welfare on land, sea, or air; and facilities for film and photography, metallurgy; pharmaceutical, and medical and x-ray research. (3334-6/97) E. Wholesaling, Distribution and Storage. Storage and distribution facilities without sales to the public on-site or direct public access except for recycling facilities and public storage in a small individual space exclusively and directly accessible to a specific tenant. This classification includes mini-warehouses. (3334-6/97) 204.14 Accessory Use Classifications Accessory Uses and Structures. Uses and structures.that are incidental to the principal permitted or conditionally permitted.use or structure on a:site and are custo, mariW found on the same site. This classification includes detached or attached garages,home occupations, caretakers'units, and dormitory type housing for industrial commercial workers employed on the site, and accessory dwelling units. (3334-/97) 204.16 Temporary Use Classifications A. Animal Shows. Exhibitions of domestic or large animals for a maximum of seven days. (3334-6/97) B. Festivals. Circuses and Carnivals. Provision of games, eating and drinking facilities, live entertainment, animal exhibitions, or similar activities in a tent or other temporary structure for a maximum of seven days. This classification excludes events conducted in a permanent entertainment facility.. (3334-6197) (3521-2/02) C. Commercial Filmingt Limited. Commercial motion picture'or video photography at a specific location six or fewer days per quarter of a calendar year. (See also Chapter 5.54, Commercial Photography) (3334-6/97) D. Personal Property Sales. Sales of personal property by a resident("garage sales") for a period not to exceed 48 consecutive hours and no more than once every six months. (3334-6/9-1) E. Real Estate Sales. An office for the marketing, sales, or rental of residential, commercial, or industrial development. This classification includes "model homes." (3334-6/97) F. Retail Sales, Outdoor. Retail sales of new merchandise on the site of a legally established retail business for a period not to exceed 4-9 96 consecutive hours (four days) no more than once every 3 months. (3334-6/97) , a March 16,2004 G. Seasonal Sales. Retail sales of seasonal products, including Christmas trees, Halloween pumpkins and strawberries. (3334-6/97) H. Street Fairs. Provision of games,eating and drinking facilities,live entertainment, or similar.activities not requiring the.use of roofed structures.. (3334-6/97) ., Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-11 2/02 I. Trade Fairs. Display and sale of goods or equipment related to a specific trade or industry fora maximum period of five days per year. (3334-6/97) J. Temporary Event. Those temporary activities located within the coastal zone that do not qualify for an exemption pursuant to Section 245.08. (3334-6/97) K. Tent Event. Allows for the overflow of religious assembly for a period not to exceed 72 consecutive hours and not more than once every 3 months. (3521- 2/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-12 2/02 V q March 16, 2004 LEGISLATIVE DRAFT V rs Chapter 216 Residential Districts (3268-12/94;3334-6/97,3410-3/99,3455-5/00,3568-9/02) - Sections: 210.02 Residential Districts Established 210.04 RL, RM, RMH, RH, and RMP Districts: Land Use Controls 210.06 RL, RM, RMH, RH, and RMP Districts: Property Development Standards 210.08 Development Standards for Senior Projects 210.10 Modifications for Affordable Housing 210.12 Planned Unit Development Supplemental Standards and Provisions 210.14 RMP District Supplemental Development Standards 210.16 Review of Plans 210.02 Residential Districts Established The purpose of the residential districts is to implement the General Plan and Local Coastal Program Land Use Plan residential land use designations. Five (5) residential zoning districts are established by this chapter as follows: (3334-6/97) A The RL Low Density Residential District provides opportunities for--single-family: residential land use in neighborhoods,subject to appropriate standards. Cluster - - development is allowed. Maximum density is seven (7) units per acre. B. The RM Medium Density Residential District provides opportunities for housing of a more intense nature than single-family detached dwelling units, including duplexes, triplexes, town houses, apartments, multi-dwelling structures, or cluster housing with landscaped open space for residents'use. Single-family homes, such as patio homes, may also be suitable. Maximum density is fifteen (15) units per acre. C. The RMH Medium High Density Residential District provides opportunities for a more intensive form of development than is permitted under the medium density designation while setting an upper limit on density that is lower than the most intense and concentrated development permitted in the City. One subdistrict has been identified with unique characteristics where.separate development standards shall apply: RMH-A Small Lot. Maximum density is twenty-five.(25) units per acre. D. The RH High Density Residential District provides opportunities for the most intensive form of residential development allowed in the City, including apartments in garden type complexes and high rise where scenic and view potential exists, subject to appropriate standards and locational requirements. Maximum density is thirty-five(35) units per acre. E. The RMP Residential Manufactured Home Park District provides sites for mobile home or manufactured home parks, including parks with rental spaces and parks where spaces are individually owned. Maximum density is nine (9) spaces per acre. Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-1 9102 g March 16, 2604 210.04 RL, RM, RMH, RH, and RMP Districts: Land Use Controls In the following schedules, letter designations are used as follows: "P" designates use classifications permitted in residential districts. ' designates use-classifications subject to certain limitations prescribed by the "Additional Provisions that fo11oW. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. "TU" designates use classifications allowed upon approval of a temporary use permit by the Zoning Administrator. (3334-6/97,3410-3/99) T/'U" designates that accessory uses are permitted, however, accessory uses are subject to approval of a conditional use permit if the primary use requires a conditional use permit. (3334- 6/97,3410-3/99) Use classifications that are not listed are prohibited. Letters in' parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the zoning ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. Rest of page not used) - _ i Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-2 3/99 March 16, 2004 e RL, RM, RMH, RH, and P= Permitted RMP DISTRICTS: L= Limited (see Additional Provisions) (3334-&97) LAND USE CONTROLS PC= Conditional use permit approved by Planning Commission ZA— Conditional use permit approved by Zoning Administrator TV— Temporary Use.Permit . P/U= Requires conditional use permit on site of conditional use -= Not Permitted RL RM RIMH RMP Additional RH Provisions Residential Uses (A)(M)(Q) (3334497,3410-3/99) Day Care, Ltd. P P P P Group Residential - - PC - Multi-family Residential (B)(C)(D)(R) (3410-3/99,3455-5/00) 2 -4 units ZA P P - (3334-97,3410-3/99) 5 - 9 units ZA ZA ZA - (33a"47,3410-3/99) 10 or more units PC PC PC - (3334-W,3410-3/99) Manufactured Home Parks ZA ZA - ZA (E)(F) Residential, Alcohol Recovery, P P P P Ltd. Residential Care, Limited P P P P Single-Family Residential P P P P (B)(D)(F)(P)(R) (3334-W7,3410-3/99. 3455-5100) Public and Semipublic (A)(0) . (3334-e97,3410-3/99> Clubs &Lodges : PC. PC ZA ZA (333497,3410-3i99): Day Care, Large-family �4 P �P �4 P ZA P _ c333�s7)Day Care, General Ll ZA P ZA P ZA P �S4 (3334-6/97,3410-3/99) Park& Recreation Facilities L-2 L-2 L-2 L-2 (3334.0/97,3410-3/99) Public Safety Facilities PC PC PC PC Religious Assembly L-3 PC PC PC (3334-5/97,3410-3/99) Residential Care, General - L-1 PC PC (333:-i/97,3410-3/99) Schools, Public or Private PC PC PC PC Utilities, Major PC PC PC PC Utilities, Minor P P P P Commercial Communication Facilities L-5 L-5 L-5 L-5 (350$9102) Horticulture ZA ZA ZA ZA (3410-3199) ZA ZA -ZA ZA Nurseries _(3410499) Visitor Accommodations 1 Bed and Breakfast Inns - - L-4 - (3334- 7,3410-3/99) Accessory Uses P/U P/U PIU P/U (A)(G)(H)(1)(L)(M) (3334-5/97,3410-3/99) Temporary Uses 0)(M) (3334-8/97,3410-3199) Commercial Filming, Limited P P P P Real Estate Sales T3P TUP TuP P (N) (3334-5197,3410-3/99) Personal Property Sales P P P P Street Fairs TU TU TU TU Nonconforming Uses (K)(L) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-3 9102 March 16, 2004 a RL, RM, RMH, RH, and RINIP Districts: Additional Provisions L-1 A conditional use permit from the Planning Commission is required and only allowed on lots 1.0 acre (gross acreage) or greater fronting an arterial in RL District. (3410-3/99> L-2. Public facilities permitted,-but a conditional use permit from the Zoning Administrator is required for private noncommercial facilities,including swim clubs and tennis clubs. (3334-6/97, 3410-3/99) L-3 A conditional use permit from the Planning Commission is required, and only schools operating in conjunction with religious services are permitted as an accessory use. A General Day Care facility may be allowed as a secondary use, subject to a conditional use permit, if the Planning Commission finds that it would be compatible with adjacent areas and not cause significant traffic impacts. See Section 230.06: Religious Assembly Yard Requirements. (3334-6/97,3410-3/99) L-4 A conditional use permit from the Planning Commission is required and only allowed on lots 10,000 sq. ft. or greater in RMH-A subdistrict. See also Section 230.42: Bed and Breakfast Inns. (3334-6/97,3410-3/99) L-5 Only wireless communication facilities permitted subject to section 230.96 Wireless Communication Facilities. (3568-9/02) (A) Any addition or modification subsequent to the original construction that would result in`an increase in the amount of building area, or a structural or architectural alteration to.the building exterior,.shall require an amendment to the previousely approved conditional use permit, if any, or approval of a new conditional use permit. (3334-6/97,3410499) (B) See Section 210.08)-, for affordable housing. n addition, (See Sections 210.10 and 230.14};or for density bonus (See Section 230.14). (C) A conditional use permit from the Zoning Administrator is required for any multiple family residential development that:. (1) abuts an arterial highway; (2) includes a dwelling unit more than 150 feet from a public street; or (3). includes buildings exceeding 25 feet in height. (3334-6/97,34.10-3/99) (D) See Section 210.12' Planned Unit Development Supplemental Standards. In addition, a conditional use permit is required for condominium conversion pursuant to Chapter 235. (E)' See Section 210.14: RNIP District Supplemental Standards. In addition, a eendifiena per-mit by the n- ^dTMi-,,;c*,..,* _Neighborhood Notification pursuant to Chapter 241 is required for the addition of manufactured home space(s) to an existing Manufactured Home Park. (3334-6197,3410-3/99) (F) See Section 230.16: Manufactured Homes. (G) See Section 230.12: Home Occupation in R Districts. (H) See Section 230.08: Accessory Structures. (1) See Section 230.10: Accessory Dwelling Units. Huntington Beach Zoning and Subdivision Ordinance (':hn n F.,91n 1) - '\ 0 on _._ March 16, 2004 RL, RM, RMH, RH, and RIP Districts: Additional Provisions (J) See Section 241.20: Temporary Use Permits. . (K) See Chapter 236:Nonconforming Uses and Structures. (L) See Chapter 233: Signs. (M) Tents, trailers,vehicles, or temporary structures shall not be used for dwelling purposes. (3334- 6/97,3410-3/99) (N) See Section 230.18: Subdivision Sales Offices and Model Homes. (3334-6/97,3410-3/99) (0) Limited to facilities on sites of fewer than 2 acres. (3334-6/97,3410-3/99) (P) See Section 230.22: Residential Infill Lot Developments. (3334-6/97,3410-3/99) (Q) See Section 230.20: Payment of Parkland Dedication In-Lieu Fee. (3410-3199) (R) Small lot development standards for RM, RMH, and RH Districts. A conditional use permit from the Zoning Adminstrator is required for small lot residential subdivisions with less than 10 units, or from the Planning Commission is required for small lot residential subdivisions with 10 or:more.units, including condominium maps. for detached single family dwellirigs. See also Section 230.24: Small Lot.Development Standards. (3455-5/0o) - (S) Neighborhood notification requirements pursuant to Chapter 241 shall apply. 210.06 RL, RINI, RMH, RH, and RMP Districts: Property Development Standards The following schedule prescribes development standards for residential zoning districts and subdistricts designated on the zoning map. The columns establish basic requirements for permitted and conditional uses; letters in parentheses in the "Additional Provisions" column refer to "Additional Development Standards" following the schedule. In calculating the number of units permitted on the site, density is calculated on the basis of net site area. Fractional numbers shall be rounded down to the nearest whole number except that one dwelling unit may be allowed on a legally created lot complying with minimum lot area. All required setbacks shall be measured from ultimate right-of-way and in accordance with the definitions set forth in Chapter 203, Definitions. Any new parcel created pursuant to Title 25, Subdivisions, shall comply with the minimum building site requirements of the district in which the parcel is located unless approved as a part of a Planned Unit Development. Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-5 I 5/00 � I March 16, 2004 a Property Development Standards for Residential Districts RL RM. RMH-A RMH : ._ RH RMP Additional Subdistrict Provisions . Minimum Building Site 6,000 6,000 2,500 6,000 61000 10 ac. (A)(B)(C) (3410-3/99) Width (ft.) 60 60 25 60 60 N/A (33346/97,34,0-3199) _ Cul de sac frontage 45 45 - 45 45 N/A (33U-W7,34,0-199) Minimum Setbacks (D)(R) (3334-&97,3410.3/99) Front(ft.) 15 15 12 10 10 10 (E)(F) (33341i/97,34,03/99) Side (ft.) 3;5 3;5 3;5 3;5 3;5 - (G)(I)(J) (3334.197.3410-3199) Street Side (ft.) 6;10 6;10 5 6;10 6;10 10 (H) (33U-&97,3410-3/99) Rear(ft.) 10 10 7.5 10 10 - (I)(J) Accessory Structure (U) (3334E197,3410.3199) Garage (K) b (33346l97,34,0.3/99) Projections into Setbacks Q(R) (33U-W7.3410-3/99) Maximum Height (ft.) Dwellings 35 35 35 35 35 20 (M) (33.U- 97,3410-3/99) _ Accessory Structures 15 15 15 1.5 15 15 (M)(R) (3410-3199) Maximum Floor Area - - 1.0 - - - (3334.6s7,3410-3/99) Ratio (FAR) (3410.3M) Minimum Lot Area per Dwellirig Unit (sq. ft.) 6,000. 2,904 : 1;742:., '1,244 (3334.6/97.3410-3r99) Maximum Lot Coverage(%) 50 50 50 50 50 75 (� (3334657,34,0399) Minimum Floor Area (N) (3334-6/97,3410-3199) Minimum Usable Open Space (0) Courts (P) (3334-6/97,3410-3199) Accessibility within Dwellings (Q) (3410.31%) Waterfront Lots (R) (3334-"7,3410-3199) Landscaping See Chapter 232 (S) (33-U-"7,3410.3/99) Fences and Walls See Section 230.88 Lighting (T) (3334-&97,3410.3199) Underground Utilities See Chapter 17.64 Screening of Mechanical Equipment See Section 230.76 Refuse Storage Areas See Section 230.78 - : c3a,o3s9r Antenna See Section 230.80 . (3410-399) Performance Standards See Section 230.82 Off-Street Parking and Loading See Chapter 231 Signs See Chapter 233 Nonconforming Structures See Chapter 236 Accessory Structures See Section 230.08 * Lots 50 feet or less in width = 1 unit per 25 feet of frontage Lots greater than 50 feet in width = 1 unit per 1,900 square feet N/A= Not applicable Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-6 3/99 March 16, 2004 a RL, RBI, RMH, RH, and RNIP Districts: Additional Development Standards (A) See Section 230.62: Building Site Required and Section M.64: Development`on Substandard Lots- (B) See Section 230.66: Development on Lots Divided by District Boundaries. (C) The minimum lot area shall be 12,000 square feet for General Day Care, General Residential Care, and Public or Private Schools, except minimum lot area for General Day Care in the RL district shall be one (1) gross acre. (3334-6/97,3410-3/99) (D) Building Separation. The minimum spacing between buildings including manufactured home units shall be 10 feet. (3334-6/97,3410-3199) (E) Variable Front Setback for Multi-family Projects. Projects with more than 4 units in the RM District, more than 8 units in the RMH District, or more than 14 units in the RH District shall provide a minimum setback of 15 feet from any public right-of-way. Minimum 50% of the garages shall be set back 20 feet from the front property line. (See Section 210.12B.) (3334-6/97, 3410-3/99) (F) Upper-story Setbacks for Multi-family Structures. The covered portion of all stories above the second story in any multi-family structure shall be set back an average of 10 feet from the second floor front facade(see Exhibit) (3334-s/97,341o3/J9) average 10'setback ® D � 0 D � D � D 0 � D � . D 0 210-UPSS.PCX UPPER STORY SETBACK Huntington Beach Zoning and subdivision Ordinance Chapter 210 210-7 r 3/99 �� 'q V March 16, 2004 RL, RM, RMH, RH, and RMP Districts: Additional Development Standards (G) Interior Side Setback (1) In the RL;.RM, RMH; including RMH-A subdistrict, and RH Districts, interior.side setbacks shall be minimum 10% of lot width, but not less than 3 feet and need not exceed 5 feet, except as stated below. (3334-6/97,3410-3/99) (2) For projects in the RM, RMH, including RMH-A subdistrict, and RH Districts adjoining an RL District, interior side setbacks shall be at least: (a) 10 feet for units in single-story or two-story buildings. (b) 14 feet for units above two stories. Subject to approval of a conditional use permit, the Zoning Administrator of the Plaflaing Commission-, may approve upper-story setbacks in lieu of an increased side setback if the second and third stories are set back the required distance. (3334-6197,3410-3/99) (H) Street Side Setbacks (1) In the RL, RM, RMH (excluding RMH-A subdistrict), and RH districts, the street side yard shall be 20 percent of the lot width, minimum 6 feet and need not exceed 10 feet. (3334-6/97,3410-3/99) (2) In the RMH-A subdistrict,street side setback shall be minimum 5'-feet. (3410-3/99) (3) For projects with 10 or more multi-family units (including RMH-A subdistrict), the street side setback shall be the same as the front setback. (3334-6/97,3410-3/99) (I) Building Walls Exceeding 25 Feet in Height. The required interior side or rear setback adjoining a building wall exceeding 25 feet in height, excluding any portion of a roof, and located on a lot 45 feet wide or greater, shall be increased three feet over the basic requirement. (3334-6/97,3410-3/99) (.l) Zero Side or Rear Setback. (1) A zero interior side setback may be permitted provided that the opposite side setback on the same lot is minimum 20%of the lot width, not.less than 5 feet, and.need not exceed 10 feet, and shall be subject to the requirements listed in subsection (3)below. (3334-6i97,3410 3199) (2) A zero rear setback may be permitted provided that the opposite rear setback for the adjacent lot is either zero or a minimum of 10 feet, and subject to the requirements listed in subsection (3) below. (3334-6/97,3410-3/99) (Rest of page not used) qq Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-8 3/99 March 16, 2004 RL, RM, RMH, RH, and RMP Districts: Additional Development Standards (3) A zero side or rear setback maybe permitted subject to the follo«ing requirements: (33341 6/97,3410-3/99) . :. (a) The lot adjacent to the zero side or rear setback shall either be held under the same ownership at the time of application or a deed restriction or agreement approved as to form by the City Attorney shall be recorded giving written consent of the adjacent property owner. (3334-6/97) (b) A maintenance easement, approved as to form by the City Attorney, shall be recorded between the property owner and the owner of the adjacent lot to which access is required in order to maintain and repair a zero lot line structure. Such easement shall be an irrevocable covenant running with the land. No building permits shall be issued until such recorded maintenance easement has been submitted. (3334-6/97) (c) Separation between the proposed structure and any structure on an adjacent lot shall either be zero or a minimum of 5 feet. (3334-6/97,3410-3/99) (d) No portion of the dwelling or any architectural features shall project over the property line. (3334-6197) (e) The zero setback shall not be adjacent to a public or private right-of-way. (3334-W97), (f) Exposure protectiori between structures shall be provided as specified by the Fire Department and Building Division. (3334-6/97) (4) Double zero side setbacks may be permitted for planned unit development projects subject to approval of a conditional use permit and compliance with Section 210.12 B. (3334-6/97, 3410-3/99) (K) Garage Setbacks. Setbacks for the main dwelling shall apply, except as specifically stated below: (1) Front entry garage - 20 feet (2) Side entry garage - 10 feet (3) Garage with alley access - 5 feet For garages with rear vehicular access from an alley and located.on.a lot 27 feet wide or less, the side setback adjacent to a street or another alley maybe reduced to 3 feet. A minimum 25 foot turning radius is required from the garage to the opposite side of the street, alley, drive aisle or driveway. (3334-6/97,3410-3199) (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-9 3/99 March 16, 2004 RL, RM, RMH, RH, and RMP Districts: Additional Development Standards ATTACHED FRONT I ENTRY GARAGE I i i Property line I Minimum 20' from I I garage to property line Street Sidewalk I j i ATTACHED SIDE ENTRY GARAGE I I , j Property Line Minimum 10' from _ I garage to property line Min 25LJ Street ( Sidewalk Radius Property line Alley — Minimum 25' from garage to property line on the other side of the existing alley =Minimum 5' from garage to property line I I I♦ Property line j I GARAGE WITH ENTRY FROM REAR ALLEY I I �— Sidewalk Street • q6 March 16, 2004 e RL, IUM, RMH, RH, and RMP Districts: Additional Development Standards (L) Projections into Setbacks. (1) . See Section 230.68: Building Projections into Yards. (2) Balconies and bay windows may project into required setbacks and usable open space areas subject to Section 230.68, provided that balconies have open railings, glass, or architectural details with openings to reduce visible bulk. Balconies composed solely of solid enclosures are not allowed to project into required setbacks. (3334-6/97,3410-3/99) (M) Height. Requirements. See Section 230.70 Measurement of Height, and Section 230.72 Exceptions to Height Limits. (1) Single Family Dwellings in all residential districts, except lots in the RMH-A subdistrict with less than 50 feet of frontage shall comply with the following standards: (3334-6/97,3410- 3/99) (a) Second story top plate height shall not exceed twenty-five (25) feet measured from the top of the subfloor/slab directly below. (3334-6/97,3410-3/99) (b) Roofs shall have a minimum 5/12 pitch if building height exceeds thirty(30) feet. (3334-6/97,3410-3/99) (c) Maximum building height for Main Dwellings shall be thirty-five (35) feet; however* Main Dwellings exceeding thirty'(30) feet in height shall require approval of a _ Conditional Use Permit by the Zomng Administrator. (3268-12/94)(3334-6/97) ' (d) Habitable area, which includes rooftop decks and balconies, above the second story top plate line shall . "dministf,te f be permitted with Neighborhood Notification pursuant to Chapter 7,41. Habitable area above the second story plate line shall be within the Confines of the roof volume, with the following exceptions: (3334-6/97,3410-3/99) (1) Dormers, decks and other architectural features may be permitted as vertical projections above the roof volume provided the projections are set back five (5) feet from the building exterior and do not exceed the height limits as stated above. (3334-6/97) (2) Windows and deck areas above the second story plate line shall orient toward, public rights-of-way only. (3334-6197,3410-3/99) (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-11 �` 3/99 I March 16, 2004 e Dormers,decks and other architectural features must Habitable:areas are: be setback_5'from. confined within the _ _ building exterior . roofvolume . • accessed from within the main dwelling • subject to conditional 5' use permit approval HABITABLE AREA ABOVE SECOND STORY TOP-PLATE LINE FOR SINGLE FAMILY DWELLINGS IN ALL RESIDENTIAL DISTRICTS EXCEPT RMH-A SUBDISTRICT (3410-3/99) (e) Access to any habitable area above the second story top plate line shall be provided within the Main Dwelling and shall be consistent with internal circulation. Exterior stairways bem-een the ground floor and a habitable area above the second story plate line shall be prohibited. (3334-6/97,3410-3/99) Two vertical cross-sections through the property(front-to-back and side-to-side) that show the relationship of each level in a new structure and new levels added to an existing structure to both existing and finished grade on the property and adjacent land within 5 feet of the property line shall be submitted in order to determine compliance with this subsection. (3334-6/97,3410-3/99) .; (2) Single Family Dwellings in the RMH-A subdistrict on lots with less than 50 feet of frontage shall comply with the following standards: 3334-6/97,3410-3/99) (a) Second story top plate height shall not exceed twenty=five (25) feet measured from the top of the subfloor/slab directly below. (3334-6/97,3410-3/99) (b) Roofs shall have a minimum 5/12 pitch if building height exceeds thirty(30) feet. (3334-6/97) (c) In the front and rear 25 feet of the lot, maximum building height for all structures, including railings and architectural features, shall be 25 feet. Otherwise, maximum building height shall be 35 feet. (3334-6/97,3410-3/99) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 �� 210-12 3/99 March 16, 2004 Front Property ' Line I I I \ I I 35'maximum . . . .. 25'maximum height at top height in the of roof I 25' front and rear 25'of 25' I j the lot j I I I I Street Rear I I Property 25' 25' Line MAXIMUM BUILDING HEIGHT FOR SINGLE FAMILY DWELLINGS ON LOTS LESS THAN 50 FEET WIDE IN RMH-A SUBDISTRICT (d) Access to any habitable area above the second story top plate line shall be provided within the Main Dwelling and shall be consistent with internal circulation. Exterior stairways between the ground floor and a habitable area above the second story plate line shall be prohibited. (3334-6/97,3410-3/99) Two vertical cross-sections through the property(front-to-back"and side-too-side)-that show the relationship of each level in a new structure and new levels added to an existing structure to both existing and finished grade on the property and adjacent land within 5 feet of the property line shall be submitted in order to determine compliance With this subsection. (3334-6/97,3410-3/99) (3) Accessory Structures: See Section 230.08: Accessory Structures. Accessory structures located on projecting decks abutting a waterway shall comply with the height established in subsection(R). (3334-6/97,3410-3/99) (4) Recreation Buildings: The maximum height of a recreation building for multi-family, planned residential, and mobile home park projects shall be established by the conditional use permit. (3334-6/97) (N) Minimum Floor Area. Each dwelling unit,in a multi-family building and attached single-family dwellings shall have the following minimum floor area. Unit Type Minimum Area (Square Feet) Studio 500 one bedroom 650 two bedrooms 900 three bedrooms 1,100 four bedrooms 1,300 All detached single family dwellings shall have a minimum 1,000 square feet of floor area not including the garage and shall be a minimum of 17 feet in width. (3334-6197) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-13 ,% 3/99 March 16, 2004 e RL, RM, RMH, RH, and RMP Districts: Additional Development Standards (0) Open Space Requirements. (1) The minimum open space area (private and common) for multi-family residential projects in RM, RMH, including RMH-A subdistrict, and RH Districts shall be 25% of the residential floor area per unit(excluding garages). (3334-6/97,3410-3/99) (2) Private Open Space. (a) Private open space shall be provided in courts or balconies within which a horizontal rectangle has no dimension less than 10 feet for courts and 6 feet for balconies. A minimum patio area of 70 square feet shall be provided within the court. (3334-6/97) (b) The following minimum area shall be provided: Unit Type Minimum Area (Sq.Ft.) Units Above Ground Floor Units Ground Floor Studio/1 bedroom ' . 200 60 2 bedrooms 250 120 3 bedrooms 300 120 4 or more bedrooms 400. 120 (3334-6/97) (c) Private open space shall be contiguous to the unit and for the exclusive use of the occupants. Private open space shall not be accessible to any dwelling unit except the unit it serves and shall be physically separated from common areas by a wall or hedge exceeding 42 inches in height. (3334-6/97,3410-3/99) (d) A maximum of 50% of the private open space requirement;may be on open decks above the second story subject to approval of a conditional use permit by the Zoning Administrator nY Planning (`r,mmissu„T, provided that no portion of such deck exceeds the height limit. (3410-3199) (e) Patio and balcony enclosures within exis ing planned.developments or apartment complexes shall be subject to the following conditions: 1. A maximum of one enclosure per unit shall be allowed. 2. The existing balcony or patio area shall not be enlarged. 3. The balcony or patio enclosure shall comply with the current setback and height requirements for the district in which the site is located. 4. The enclosure shall consist entirely of transparent materials, i.e., no solid walls or opaque walls, except an existing solid roof may toobe part of the enclosure. 5. No structural change shall occur to the interface wall and • doorway between the enclosure and the adjacent inside room of March 16, 2004 the building, unless the balcony/patio is replaced with equivalent unenclosed area for use as private open space. 6. The enclosed area shall be considered as private open space and may be counted toward current private open space requirements. 7. Required egress for fire escape routes shall be maintained. (3) Common Open Space. (a) Common open space, provided by interior side yards,patios, and terraces, shall be designed so that a horizontal rectangle has no dimension less than 10 feet, shall be open to the sky, and shall not include driveways, parking areas, or area required for front or street side yards. (3334-6/97, 3410-3/99) (b) Projects with more than 20 units shall include at least one amenity, such as a clubhouse, swimming pool, tennis court, volleyball court, outdoor cooking facility, or other recreation facility. (3334- 6/97, 3410-3/99) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-14 3/99 RL, Rttil, RMH, RA, and RMP Districts: Additional Development Standards (4) The Director may allow a reduction in the open space requirement to 10% of the livable area per unit for projects with less than 10 units and located within walking distance of 1,000 feet of a public park or beach. (3334-6/97,3410-3/99) (P) Courts Opposite Windows in RM, RMH, and RH Districts (excluding the RMH-A sub- district). Courts shall be provided in all multi-family projects in the RM, RMH, and RH Districts subject to the following requirements: (3334-6/97,3410-3/99) (1) Courts Opposite Walls on the Same Site: The minimum depth of a court shall be one-half the height of the opposite wall but not less than 20 feet opposite a living room and 14 feet opposite a required window for any other habitable room (see diagrams below). (3334-6/97, 3410-3/99) .(2) Courts Opposite Interior Property Line: The minimum distance between a required window of a habitable room and a property line shall be 10 feet. (3334-6i97,3410-3/99) (3) Court Dimensions: Courts shall be minimum 20 feet wide (minimum 10 feet on either side of the centerline of the required window) and shall be open to the sky. Eaves may project a maximum 2 feet into a court. (3334-6197,3410-3/99) (Rest of page not used) - a # / 0/ Huntington Beach Zoning and Subdivision Ordinance Chapter210 210-15 3/99 March 16, 2004 a RL, RM, RMH,RH, and RMP Districts: Additional Development Standards Section A I Section B 1 Section C I Living room ' window T I I 1!2 Height of i 20 ft I 14 ft. Opposit wall Not leis than 10 R. Living room window I Living room I window I � Living room Living room Lining room window window u-indow h/2 --* 20 Section A Section B .'._. Other room - io, rroornwindow 14 ft. Section C COURTS OPPOSITE WINDOWS (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance` Chapter210 �� 210-16 4/98 March 16, 2004 a RL, RM, RMH, RH, and RMP Districts: Additional Development Standards (Q) All habitable rooms in a dwelling unit must be accessible from «ithin the dwelling. (3334-6/97, 3410-3/99) (R) Waterfront Lots. Projecting decks, windscreens, fencing, patio covers and solariums on waterfront lots may be permitted subject to the development standards set forth in this Chapter, Chapter 245, Chapter 17.24, and the following requirements: (3334-6/97) (1) Projecting Decks. Decks on waterfront lots may project 5 feet beyond the bulkhead provided the decks comply with the side setbacks required for the main dwelling. (3334- 6/97,3410-3/99) (2) Windscreens. Windscreens may be permitted if constructed of light-weight materials such as plastic, canvas, fiberglass, tempered glass or metal, except for necessary bracing and framing. The maximum height for windscreens shall be 7 feet above the finished surface of the deck at the bulkhead line. (3334-6/97) (3) Fencing. All portions of fencing within the required rear setback area shall comply with Chapter 230.88 and the visibility provisions below. (3334-6/97,3410-3/99) (4) Solariums. Solariums (patio enclosures) may project a maximum of 30 inches over the bulkhead. In all cases, the solarium shall maintain a 45 degree (45°) visibility angle as measured from the main dwelling building line extended to the side.property line. The . maximum height shall not exceed the top.of the first floor ceiling joist. (3334-6/97,3410_3/99).: (5) Patio Covers. Patio covers (including eaves) may be permitted to project 5 feet into the rear yard setback, however, construction materials shall allow compliance with visibility provisions below. (3334-6/97,3410-3/99) (6) Visibili . The portion of any windscreen, fence or patio cover in the rear yard setback or solarium above 36 inches in height shall be composed of materials and design which allow a minimum of 85% transmission of light and visibility through the structure in each direction when viewed from any angle. (3334-6/97) (7) Removal. Decks, solariums and windscreens projecting over waterways which do not comply with the above provisions may be removed by the city upon 30-days'written notice. Such projections are declared to be a privilege which can be revoked for noncompliance and not a vested right. (3334-6/97) (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance I 0 Chapter 210 210-17 t 3/99 1 March 16, 2004 RL, RM, RMH,RH, and RMP Districts: Additional Development Standards Bulkhead Solarium Projecting deck 2 1/2'.Max. ... 45 c , 45° • 5' • min. house 5' min. . • Property line 1 97 n-1 dh rTW WATERFRONT LOT PROJECTIONS (3334-6/97) (S) Landscaping (1) A minimum 40% of the front yard shall be landscaped. For single family residences in the RMH-A subdistrict, a minimum 3 foot wide landscape planter along the front property line (excluding max. 5 ft. wide walkway) may be provided in lieu of the 40% requirement. A maximum 18 inch high planter wall maybe constructed along the front . . property fine.. (3334-6197,3410-3/99) (2) All required trees specified in Chapter 232 shall be provided. (3410-3/99) (3) All subdivisions shall provide a minimum 5 foot wide landscaped area along arterial street/highway property lines. The actual required width shall be determined during the planning process. Maintenance of said landscaped area shall be by a homeowners association,property owner or other method approved by the City of Huntington Beach. (3334-6/97,3410-3/99) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 ® 210-18 3199 March 16, 2004 RL, RM, RMH, RH, and RMP Districts: Additional Development Standards (T) Li htin A lighting system be provided in all multi-family projects along all vehicular access ways and major walkways: :Lighting shall be directed onto_the driveways and walkways within the development and away from adjacent properties. A lighting plan shall be submitted for approval by the Director. (3334-6/97) (U) See Section 230.08: Accessory Structures (3334-6/97,3410-3/99) (V) Solid patio covers open on at least 2 sides may be permitted an additional 5%site coverage. Open lattice patio covers are exempted from site coverage standards. (3410-3/99) 210.08 Development Standards for Senior Projects This section establishes development standards for Senior Residential Projects that may be permitted by the P]An. —, G^mmiSs=ea. in accordance with Section 210.04, Multi-family Residential. (3334-6/97,3410-3199) A. Minimum Floor Area. Each dwelling unit shall have a minimum floor area of 450 square feet. (3334-6/97,3410-3/99) B. Minimum Setbacks. The project shall comply with the minimum setback requirements of the district applicable to the site._(3334-6197) C. Minimum Distance between Buildings: Minimum building separation-shall be 10 feet: (3334-6/97,3410-3/99) D. Building Design. No structure shall exceed 180 feet in length. To provide variation in building facades, two of the following architectural elements are required as part of each building: sloped roofs; bay windows; awnings; roof eaves; cornices; balconies; or patios. (3334-6/97) E. Open Space Requirements. (3334-6/97,3410-3/99) 1. Private Open Space: A minimum of 60 square feet of private open space for studios or one bedroom units and 120 square feet for two or more bedrooms,with minimum dimensions of 6 feet. (3334-6/97,3410-3/99) 2. Common Open Space: A minimum of 2;500 square.feet for the fast 50 units, and,an additional 50 square feet for each'unit over 50. (3334-6/97,3410-3/99) 3. Community Club House: An enclosed community or clubhouse facility containing minimum 7 square feet per unit, and a total area of minimum 400 square feet, may satisfy up to 50% of the common open space requirement. The clubhouse shall include handicapped bathrooms and kitchen facilities to be used by project residents and their guests only. (3334-6/97,3410-3/99) F. Elevators. Buildings with more than 2 levels, including living areas or parking, shall have elevators. (3334-6/97) G. Parking. Parking shall comply with Chapter 231. Any parking space over and above the one space per unit shall be marked for guest use. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance l Chapter 210 210-19 3/99 A March 16, 2004 RL, RM, RMH, RH, and RMP Districts: Additional Development Standards 210.10 Modifications for Affordable Housing .The Planning Commission and Zoning Administrator-may approve a`conditional use-permit. modifying the minimum property development standards in this chapter for affordable housing, as. provided in Section 230.14. The proposed modifications shall be requested in writing by the- applicant, accompanied by a detailed pro-forma, rental guidelines, deed restrictions, financial subsidies, and other types of documentation which will serve to demonstrate the need for a reduction of development standards. Modifications to the standards may include, but are not limited to, the parking requirements and open space. The specific standard(s) from which the applicant is requesting relief shall be identified and alternative development standard(s)proposed. (3334-6/97,3410-3/99) 210.12 Planned Unit Development Supplemental Standards and Provisions This section establishes supplemental development standards and provisions that shall apply to all planned unit developments. (3334-6/97) A. Mans. A tentative and final or parcel map shall be approved pursuant to Title 25, Subdivisions. (3334-6/97) B. Project Design. 1., Driveway parking for a minimum of fifty percent of the units shall be-provide_ d when units are-attached side by side. (3334-6/97) 2. A maximum of six units may be attached side by side and an offset on the front of the building a minimum of four(4) feet for every two units shall be provided. (3334-6/97) 3. A minimum of one-third of the roof area within a multi-story, multi-unit building shall be one story less in height than the remaining portion of the structure's roof area. (3334-6197) C. Common Areas. Every owner of a lot or dwelling unit shall own as an appurtenance to such unit or lot either an undivided interest in the common areas and facilities or a share in the corporation, community association, or limited partnership owning the common areas and facilities. (3334-6/97) D. Covenants. The developer shall submit a covenant setting forth a plan or manner of permanent care and maintenance of all common areas and communal facilities. Such covenant shall be included in the Covenant, Conditions, and Restrictions (CC&R's) applying to the property and shall be approved by the City Attorney and Director. The CC&R's shall be approved prior to final or parcel map approval and when approved, shall be recorded in the office of the Orange County Recorder. (3334-6/97) E. Maintenance. The corporation, community association, or limited partnership shall have the responsibility of maintaining the common areas and facilities as shown on the final development plans, the buildings and use of property for planned unit development. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 O 6 210-20 3/99 March 16, 2004 RL, RM, RMH, RH, and RMP Districts: Additional Development Standards F. Sale of Lots. No dwelling unit or lot shall be sold or encumbered separately from an interest in the common areas and facilities in the development which shall be appurtenant to such dwelling unit or lot: No lot shall be,sold or transferred in ownership from the other lots in the total development or approved phase of the development unless all approved community buildings, structures and recreational facilities for the total development, or approved phase thereof, have been completed, or completion is assured, by bonding or other method satisfactory to the City. (3334-6/97) G. Management Agreement. No lot or dwelling unit in the development shall be sold unless a corporation, community association, or limited partnership has been formed with the right to assess all those properties which are jointly owned with interests in the common areas and facilities in the development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Said entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units, and flexibility of assessments to meet changing costs of maintenance, repairs and services. The developer shall submit evidence of compliance with this requirement to and receive approval of the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. (3334-6/97) 210.14 RMP District Supplemental Development Standards This section establishes supplemental standards for the development of manufactured home.parks: (3334-6/97) A. Individual space setbacks for'manufactured homes and accessory structures shall be landscaped and are as follows: Front minimum 5 feet Side 10 feet aggregate, minimum 3 feet on any side Rear minimum 5 feet (3334-6/97,3410-3/99) B. Each space shall be provided with a minimum 150 cubic feet of enclosed, usable storage space. (3334-6/97,3410-3/99) C. The undercarriage of all manufactured homes shall be screened from view,on all sides. (3334-6/97) D. A six foot high concrete or masonry wall shall be provided along all interior property lines of the manufactured home park. In addition, a 20 foot wide landscaped berm or a 10 foot wide landscaped area and a 6 foot high wall shall be located at the minimum front setback line. (3334-6/97,3410-3/99) E. A boat or trailer storage area shall be provided and screened from view by a 6 foot high fence or wall. (3334-6/97,3410-3/99) F. Maximum site coverage for each individual manufactured home space shall be 75%. (3334- 6197,3410-3/99) I P Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-21 / 3/99 March 16, 2004 e RL, RM, RMH, RH, and RMP Districts: Additional Development Standards G. Projects in the RMP district shall provide a minimum common open space area of 200 square feet per manufactured home space. (3410-3/99) 210.16 Review of PIans All applications for new construction and exterior alterations and additions shall be submitted to the Community DevelopmeFA Planning Department for review. Discretionary review shall be required as follows: (3334-6/97) A. Zoning Administrator Review. Projects requiring a conditional use permit from the Zoning Administrator;projects on substandard lots; see Chapter 241. (3334-6/97,3410-3/99) B. Desia-n Review Board. See Chapter 244. (3334-6197,3410-3/99) C. Planning Commission. Projects requiring a conditional use permit from the Planning Commission; see Chapter 241. (3334-6/97,3410-3/99) D. Projects in the Coastal Zone. A Coastal Development Permit is required unless the project is exempt; see Chapter 245. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 O 210-22 3/99 March 16, 2004 LEGISLATIVE DRAFT �(� _ lD 3`"1 Chapter 211 C Commercial Districts- - (3285-6/95,3341-10/96,3334-6/97,3482=12/00.3522-2/02,_3553-5/02,3568-9/02) Sections: 211.02 Commercial Districts Established 211.04 CO, CG, and CV Districts: Land Use Controls 211.06 CO,CG and CV Districts: Development Standards 211.08 Review of Plans 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 (3) commercial zoning districts are established by this chapter as follows: (3334-6/97) 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) 211.04 CO, CG, and CV Districts: Land Use Controls In the following schedules, letter designations are used as follows: "P" designates use classifications permitted in commercial districts. "L" designates use classifications subject to certain.limitations prescribed by the "Additional Provisions" that follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. "TU" designates use classifications allowed upon approval of a temporary use permit. Huntington Beach Zoning and Subdivision Ordinance Chapter 211 211-1 9102 March 16, 2004 a "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" colurrin refer to provisions following the schedule.or located elsewhere in the Zoning Ordinance. Where letters in parentheses are.opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. P = Permitted CO, CG, L = Limited (see Additional Provisions) and CV PC = Conditional use permit approved by Planning Commission Districts ZA = Conditional use permit approved by Zoning Administrator Land Use TU = Temporary Use Permit Controls P/U = Requires conditional use permit on site of conditional use = Not Permitted CO CG CV Additional Provisions Residential (J)(Q)(R)(V) (3334-6/97) Group Residential PGZA P-GZA P-GZA (3334-6/97) Multifamily Residential - - PC (3334-6/97) Public.and Semipublic �J){Q){R){� 3334-6/97.3553 5/02j ... Gen@ter-y Clubs and Lodges .7=AP ZAP - (3334-6/97) Community and Human Services Drug Abuse Centers - PC - Primary Health Care L11 L11 - (3522-2/02) Emergency Kitchens - L-2 - Emergency Shelters - L-2 - Residential Alcohol Recovery, General - PC - Residential Care, General PGZA PIGZA - Convalescent Facilities PGZA PGZA - Cultural Institutions PC PC PC Day Care, General L-2 L-2 - Day Care, Large-Family P P. - (Y) .(35224.02) Emergency Health Care L-2 L=2 - (3a34-6/s7) Government Offices P P PC (3334-6/97) Heliports PC PC PC (13) Hospitals PC PC - (3334-6/97) Park & Recreation Facilities L-9 L-9 L-9 Public Safety Facilities PC PC PC Religious Assembly ZA ZA - (3522-2/02) Schools, Public or Private PC PC - Utilities, Major PC PC PC Utilities, Minor P P P (L) Huntington Beach Zoning and Subdivision Ordinance Chapter 211 1 ^ � 211-2 5/02 March 16, 2004 e P = Permitted CO, CG, L = Limited (see Additional Provisions) and CV PC = Conditional use permit approved by Planning Commission Districts ZA = Conditional use permit approved by Zoning Administrator. Land Use : ` TU Temporary Use Permit Controls P/U _= Requires conditional use permit on site of conditional use Not Permitted CO CG CV Additional Provisions Commercial Uses (J)(Q)(R) (3341-0/96) Ambulance Services - ZA - Animal Sales& Services Animal Boarding - ZA - (3522-2/02) Animal Grooming - P - Animal Hospitals - ZA - (3522-2102) Animals: Retail Sales - P - Equestrian Centers (CG Zone) - PC - (S) Pet Cemetery - PC - Artists' Studios P P P Banks and Savings & Loans P P P With Drive-Up Service P P P (3522-2102) Building Materials and Services - P - Catering Services P P P Commercial Filming P P:. p (F). Commercial,Recreation and Entertainment - PC-,ZA .RGZA (D). Communication Facilities L-13 L-13 L-13 (3568-9/02) Eating and Drinking Estab. P P P L-4(Y) (3522-2102) W/Alcohol ZA ZA ZA (N)(Y) (3522-2/02) W/Drive Through - -ZAP -ZAP (3522-2102) W/Live Entertainment ZA ZA ZA (W)(Y) (3522-2/02) W/Dancing P�ZA P�ZA PcZA (H) W/Outdoor Dining ZA ZA ZA (X)(Y) (3522-2m) Food & Beverage Sales - P L-2 W/Alcoholic Beverage Sales - ZA ZA (N) Funeral & Internment Services - ZA - Laboratories L-1 L-1 - Maintenance & Repair Services - P - = Marine Sales and Services - P P Nurseries ZA Offices,Business.& Professional P P P (3334-s/97) Pawn Shops - ZA - Personal Enrichment Services 1_110 L-10 - (Y) (3522-2/02) Personal Services P P P Research & Development Services L-1 ZA - Retail Sales - P P (U)(V) (3285-6/95,3334-6/97; 3482-12/00) Secondhand Appliances/Clothing - P - Swap Meets, Indoor/Flea Markets - PC - (T) Swap Meets,Recurring - ZA - Tattoo Establishments - PC - Travel Services P P P Huntington Beach Zoning and Subdivision Ordinance D � 1. � � Chapter 211 211-3 9/02 1 March 16, 2004 P = Permitted CO, CG, L = Limited_(see Additional Provisions) and CV. PC = 'Conditional use permit approved by Planning Commission : Districts ZA = Conditional use permit approved by Zoning Administrator Land Use TU = Temporary Use Permit Controls P/U = Requires conditional use permit on site of conditional use = Not Permitted CO CG CV Additional Provisions Vehicle Equipment/Sales & Services Automobile Rentals - L-8 L-8 L-12 Automobile Washing - L-7 Commercial Parking - RGZA RGZA (P) Service Stations - RGZA RGZA (E) Vehicle Equip. Repair - L-5 - Vehicle Equip. Sales & Rentals ZA ZA - L-12 (3522-2(02) Visitor Accommodations Bed & Breakfast Inns PGZA RGZA RGZA (K) Hotels, Motels - RGZA PC (1) (3334-MT) -Quasi Residential (3334-6197) Time Shares; - PC f PC (I)(J)(3334 s1s7) Residential Hotel - PC PC (J) ' Single Room Occupancy - PC PC (J)(0) Industrial (J)(Q)(R)(V) (3334-s197) Industry, Custom - L-6 L-6 Accessory Uses (J)(V) (3334-6197) Accessory Uses & Structures P/U P/U P/U Temporary Uses (F)(J)(V) (3334-6197) Animal Shows - TU - Circus and Carnivals and Festivals - TU - (3522-002) = Commercial Filming, Limited - P P (M) Real Estate Sales TuP TuP T44P (3522-2102) Retail Sales; Outdoor: - TU TU (M) M22-2J02) Seasonal Sales TU TU TU (M) (3522-2/02) Tent Event TAP (3522-2102) Trade Fairs - TuP - Nonconforming Uses (G)(J)(V) (333"197) (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 211 � �� 211-4 2/02 I March 16, 2004 e CO, CG, and CV Districts: Additional Provisions L-1 Permitted if the space is 5,000 square feet or less; allowed with a cenditiefial. ffnit f+em the Zen-1- i mifl.i,tFate Neigborhood Notification pursuant to Chapter 241_if the laboratory space exceeds 21-500 5,000 square feet. Lr2 Permitted Admiaistr-at&f if the space is 2,589 5,000 square feet or less; allowed with a conditional use permit from the Planning("^,,,missio Zoning Administrator if the space exceeds?5-08 5,000 square feet. L-3 Repealed. (3334-6197) L-4 ; if 300 feet or-less ffefn ;a�.,r ,l .„o ,r, limi*oa *i ��tin in r�niiirrsrl (r.��Ylc� ,^rn Repealed.-- - =- use --------d nazi iea n is -_�=-___ (see -;= -22 2w) L-5 Only "limited" facilities are allowed subject to approval of a conditional use permit from the Zoning Administrator,and body and fender shops are permitted only as part of a comprehensive automobile-service complex operated by a new vehicle dealer. L-6 Only "small-scale" facilities, as described in Use Classifications,are permitted with a maximum 7 persons employed full time in processing or treating retail products,limited to_those.sold on the premises. (3522-2/02) _ L-7 Attended facilities allowed with a conditional use permit from the Plafffiiag r Germs°"^" Zoning Administrator;unattended facilities Zoning permitted. L-8 On-site storage limited to two rental cars. L-9 Public facilities permitted, but a conditional use permit from the Zoning Administrator is required for commercial facilities. L-10 Permitted if the space is 2-,599 5,000 square feet or less; allowed with conditional use permit approval from the Zoning Administrator if space exceeds 2,500 5,000 square feet. (3522-2/02) In addition, Personal Enrichment uses within a retail building parked at a ratio of one (1) space per 200 square feet, shall require no additional parking provided the use complies with the follo,,vzng: (3522-2/02) • Maximum number of persons per classroom does not exceed the number of parking spaces allocated to the suite based upon the square footage of the building; and (3522-2/02) 0 The instruction area does not exceed 75 percent of total floor area of the personal enrichment building area. (3522-2/02) L-I 1 Permitted if the space is 'z-500 5,000 square feet or less; allowed with a conditional use permit from the Zoning Administrator if the space exceeds 5,000 square feet. (3522-2l02) 1 Huntington Beach Zoning and Subdivision Ordinance (`y,` March 16, 2004 L-12-Permitted for existing facilities proposing to expand up to 20%of floor area or display area.(3522-2/02) Lr13 For wireless communication facilities see Section 230.96 Wireless Communication Facilities. All other communication facilities permitted. .(3s6a-9/o2). (A) Reserved. (3553-5/02) (B) See Section 230.40: Helicopter Takeoff and Landing Areas. (C) Repealed (3378-2/98) (D) See Section 230.38: Game Centers; Chapter 5.28: Dance Halls; Chapter 9.24: Card Rooms; Chapter 9.32: Poolrooms and Billiards; and Chapter 9.28: Pinball Machines. (E) See Section 230.32: Service Stations. (F) See Section 241.20: Temporary Use Permits (G) See Chapter 236:Nonconforming Uses and Structures. (H) For teen dancing facilities; bicycle racks or a special bicycle parking area shall be provided. These may not obstruct either the public sidewalk or the building entry. See also Chapter 5.28: Dancing Halls;_Chapter 5.44: Restaurants Amusement and Entertainment Premises;and Chapter 5.70: Adult Entertainment Businesses. (3341-10/96) _ (I) Only permitted on a major arterial street, and a passive or active outdoor recreational amenity shall be provided., subjeet t oval of the Planning Eommission. (J) In the CV District the entire ground floor area and at least one-third of the total floor area shall be devoted to visitor-oriented uses as described in the certified Local Coastal Program Land Use Plan. Any use other than visitor serving commercial shall be located above the ground level, and a conditional use permit from the 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. (3334-6/97) (K) See Section 230.42: Bed and Breakfast Inns. (L) See Section 230.44: Recycling Operations. (M) Subject to approval by the Police Department, Public Works Department,Fire Department and the Director. See also Section 230.86 Seasonal Sales. (N) The following businesses proposing to sell alcoholic beverages for on-site or off- site consumption are exempt from the conditional use permit process: Huntington Beach Zoning and Subdivision Ordinance Chapter211 jA 6 211-6 9/02 March 16, 2004 (1) Retail markets with no more than 10 percent of the floor area devoted to sales, display, and storage of alcoholic beverages provided the sale of alcoholic beverages is not in conjunction with the sale of gasoline or other motor vehicle fuel. (3522-2/02) (2) Restaurants,.Bars-and Liquor stores located 300 feet or more from any-R. .. - or PS district, public or private school, church,or public use.(3522-2/02) (3) Florist shops offering the sale of a bottle of an alcoholic beverage together with a floral arrangement. (0) See Section 230.46: Single Room Occupancy. (P) See Chapter 231 for temporary and seasonal parking. (Q) Development of vacant land or additions of 10,000 square feet or more in floor area; or additions equal to or greater than 50% of the existing building's floor area; or additions to buildings on sites located within 300 feet of a residential zone or use for a permitted use requires approval of a conditional use permit from the Zoning Administrator. The Planning Director may refer any proposed addition to the Zoning Administrator if the proposed addition has the potential to impact residents or tenants in the vicinity(e.g., increased noise, traffic). (3522- 2/02) (R) Projects within 500 feet of a PS District see Chapter 244: . (S) See Section 230.48: Equestrian Centers (T) See Section 230.50: Indoor Swap Meets/Flea Markets (U) See Section 230.94: Carts and Kiosks (3248-6/95,3334-6/97,3482-12/00) (V) In the coastal zone, the preferred retail sales uses are those identified in the Visitor Serving Commercial land use designation which provide opportunities for visitor-oriented commercial activities including specialty and beach related retail shops, restaurants, hotels, motels, theaters, museums, and related services. (W) Non-amplified live entertainment greater than 300 feet from a residential zone or use shall be permitted without a conditional use permit. (3522-2/02) r (X) Outdoor dining that is 400 square feet or less with no alcohol sales shall be permitted without a conditional use permit. (3522-2/02) (Y) wed Neighborhood Notification reqquirements when no eati tlemen �o&22, 2�-pursuant to Chapter 241. T—Teii (I O) ,A-e g-day`s-pr-iefte-sal3mittal €er-abtildin,4,-peFmiroT `.o.-t:fie to of eeeup ney pheant shall nation adjac-eat pr-e efty e and to nts by first macs Huntington Beach Zoning and Subdivision Ordinance 2/02 Chapter 211 211-7 1 March 16, 2004 a 2 Natiee of'applination shall i elude the fellaA+gt� . T�Ta of'., plie nt 1 L ia&2 7 h T oaation of planned development e. use neluding addf:es neon n 6. N t„re of the prepo Refit.§haU he fully diselesod ind. t1.e Planning Depaftfnent phe­ -Rd address ef City Hall shall be rEwidesl in the etice is ell fe ..1.. inenn Planning, Depaoanent and City appeal p eedur-es {��X b f Planning,Depnrtm_efitshall_reeeiye entire list including n and z �zuirrrrrrb-�Tc�crcrxrcirr�riurrrcccc�c-czrcaru'�.7rnicruczrr�itcziiv'aiR address f these r g n the mailing, 211.06 CO, CG and CV Districts: Development Standards The following schedule prescribes development standards for the CO, CG and CV districts. The first three columns prescribe basic requirements for permitted and conditional uses in each district. Letters in parentheses in the "Additional Requirements" column refer to standards following the schedule or located elsewhere in the zoning ordinance. In calculating the maximum gross floor area as defined in Chapter 203, the floor area ratio is calculated on the basis of net site area. Fractional numbers shall be rounded down to the nearest whole number. All required setbacks shall be measured from ultimate right-of-way and in accordance with definitions set forth in-Chapter 203, Definitions. (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 211 � n � 211-8 2/02 March 16, 2004 a CO, CG and CV DISTRICTS DEVELOPMENTSTANDARDS CO CG CV Additional Requirements Residential Development (A)(B) Nonresidential Development (B) Minimum Lot Area(sq. ft.) 10,000 10,000 10,000 (C) Minimum Lot Width (ft.) 100 100 100 Minimum Setbacks Front(ft.) 10 10 0 (D)(E)(0) Side (ft.) 5 0 0 ( Street Side (ft.) 10 10 0 Rear (ft.) 5 0 0 (F) Maximum Height of Structures (ft.) 40 50 50 (F)(G) Maximum Wall Dimensions (N) Maximum Floor Area Ratio (FAR) 1.0 1.5 1.5 Minimum Site Landscaping(%) 8 8 8 (H)(1) Building Design Standards (0) Fences and Walls (J)(K) Off-Street Parking/Loading (L) Outdoor Facilities See Section 230.74 (M): Screening 6f Mechanical Equipment,- See Section 230.76 : (M)-: Refuse Storage Areas See Section 230.78 Underground Utilities See Chapter 17.64 Performance Standards See Section 230.82 Nonconforming Structures See Chapter 236 Signs See Chapter 233 CO, CG, and CV Districts: Additional Development Standards (A) Dwelling units shall be subject to the standards for minimum setbacks, height limits, maximum density, open space,balconies and bay windows, and parking = for the RMH District. The setback standards shall apply only to the stories of a building that are intended for.residential'use.. (B) See Section 230.62: Building Site Required and Section 230.64: Development on Substandard Lots. (C) The minimum site area for a hotel or motel is 20,000 square feet. (D) See Section 230.68: Building Projections into Yards and Required Open Space. Double-frontage lots shall provide front yards on each frontage. Huntington Beach Zoning and Subdivision Ordinance Chapter 211 211-9 � � 6197 March 16, 2004 (E) A minimum 50-foot setback is required along Beach Boulevard, Pacific Coast Highway and Edinger Avenue or 25-foot setback with the setback area entirely landscaped. (F) Along a side or rear property line abutting an R district, a 10-foot setback is required,and structures within 45 feet of the district boundary shall not exceed 18 feet in height. (G) See Section 230.70: Measurement of Height and Section 230.72: Exceptions to Height Limits. (H) Planting Areas: (1) Required front and street side yards shall be planting areas except properties with 50 foot setback shall provide a minimum 10 foot wide planting area along street frontages. (2) Required side and rear yards shall be planting areas or shall be enclosed by a solid concrete or masonry wall at least 6 feet in height. (3) Hotels and Motels. A 15-foot wide landscaped strip shall be provided along all street frontages, except for necessary-driveways and walks. (I) See Chapter 232: Landscape Improvements. (J) See Section 230.88: Fencing and Yards. (K) A solid masonry or concrete wall at least 6 feet in height shall adjoin the site of- an existing ground-floor residential use. However, where the portion of the site within 10 feet of the front property line is occupied by planting area or by a building having no openings except openings opposite a street property line, the Director may grant an exception to this requirement. A wall within 15 feet of a street property line shall not exceed 3.5 feet in height. (L) See Chapter 231: Off-Street Parking and Loading. (M) See Section 230.44: Recycling Operations and Section 230.80: Antennae. (N) A front or street side wall surface shall be no longer than 100 feet without a break, a recess or offset measuring at least 20 feet in depth and one-quarter of the building length, or a series of offsets, projections or recesses at intervals of not more than 40 feet that vary the depth of the building wall by a minimum of 4 . feet. The Director may grant exceptions or allow these standards to be modified for exceptional or unique structures subject to Design Review, Chapter 244. (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 211 211-10 6/97 March 16, 2004 20 ft. 20ft. Max.100 R 1.-100 ft —►�`-- unbroken «,an 25 ft. Or m ore . ��100ft�•� Single Horizonal Offsets: 20ft. Max. 100 ft• Ujibroken wall 2 ft. 20ft. 40FT. Mn. 4 ft. recess' 7777 25 ft. 25% of wall or m�re must be varied. Variable Offsets: 20 ft. and 4 ft. 211-OFFS MAXIMUM WALL LENGTH AND REQUIRED BREAK (0) Two building design standards are established to make commercial areas more attractive and provide a unified streetscape: (1) In the CV District a 10-foot minimum upper-story setback is required above the second story along street frontages. (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter211 211-11 6/97 1 J / March 16, 2004 1 Required Setback 1 Max..two stories without. vertical break. 211-CVSa CV DISTRICT: UPPER-STORY SETBACK (2) In the CO and CV Districts, and on frontages adjacent to major or primary arterials in the CG District at least 40 percent of a building surface may be located at the minimum setback line if additional landscaping is provided on the site. Min. 40 percent of front building elevation at - setback line r� Setback line 211-FACE.B-NiP BUILDING FACE AT SETBACK LINE 211.08 Review of Plans All applications for new construction, initial establishment of use, exterior alterations and additions shall be submitted to the Planning Department for review. Discretionary review,shall be required as follows: (3522-2/02) A. Zoning Administrator Review. Projects requiring a conditional use permit from the Zoning Administrator;projects on substandard lots; see Chapter 241. B. Design Review Board. Projects within redevelopment project areas and areas subject to specific plans; projects within 500 feet of a PS District; see Chapter 244. C. Planning Commission. Projects requiring a conditional use permit from the Planning Commission; see Chapter 241. D. Projects in the Coastal Zone. A Coastal Development Permit is required unless the project is exempt; see Chapter 245. Huntington Beach Zoning and Subdivision Ordinance Chapter 211 � � � ' � � 211-12 2/02 March 16,2004 LEGISLATIVE DRAFT D�� 3 TC) Cha ter 212 I Industrial Districts P =s =: (3254-10/94,3378-2/98,_3523-2/02,3568-9/02) Sections: 212.02 Industrial Districts Established 212.04 IG and IL Districts: Land Use Controls 212.06 IG and IL Districts: Development Standards 212.08 Review of Plans 212.02 Industrial Districts Established (3254-10/94) Two (2) industrial zoning districts are established by this chapter as follows: (3254-10/94) A. The IG General Industrial District provides sites for the full range of manufacturing, industrial processing, resource and energy production, general service, and distribution. (3254-10194) B. The IL Limited Industrial District provides sites for moderate- to low-intensity industrial uses, commercial services and light manufacturing. (3254-10/94) 212.04_ IG and IL Districts: Land Use Controls (3254-10/94) In the following schedules, letter designations are used as follows: (3254-10/94) "P" designates use classifications permitted in the I districts. (3254-10194) "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" which follow. (3254-10/94) "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. (3254-10/94) "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. (3254-10/94) "TU" designates use classifications allowed upon approval of a temporary use permit by the. Zoning Administrator. (3254-10/94) "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. (3254-10/94) Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to requirements following the schedule or located elsewhere in this ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. (3254-10/94) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 212-1 9/02 6 IG AND IL P - Permitted DISTRICTS: . L .' Limited (see Additional Provisions) LAND USE PC - Conditional use permit approved by Planning Commission CONTROLS ZA - -Conditional use permit approved by Zoning Administrator TU - Temporary Use Permit WU- Requires conditional use permit on site of conditional use Not Permitted Additional IG IL Provisions Residential Group Residential PC PC (J) Public and Semipublic (A)(M) Community and Human Service Facilities RGZA RGZA (L) Day Care, General ZA ZA (3523-2/02) Heliports Maintenance & Service Facilities PC PC (0) Public Safety Facilities P P Religious Assembly L-10. L40 Schools, Public or Private L-6 'U6 Utilities, Major PC PC Utilities, Minor L-7 L-7 (P) Commercial Uses (D)(M) Ambulance Services ZA ZA Animal Sales and Services Animal Boarding ZA ZA (3523-2102) Animal Hospitals ZA ZA (3523- 2/02) Artists' Studios P P Banks and Savings and Loans L-1 L-1 Building Materials and Services P P Catering Services - P Commercial Filming ZA ZA. Commercial Recreation and Entertainment L-2 L-2 Communication Facilities L-12 L-12 (3568-9/02) Eating& Drinking Establishments L-3 L-3 . w/Live Entertainment ZA ZA (S)(U)(3523-2/02) Food & Beverage Sales ZA ZA (3523-2102) Hospitals and Medical Clinics - PC Laboratories P P Maintenance& Repair Services P P Marine Sales and Services P P Nurseries P P Offices, Business& Professional L-1 L-1 (H) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 /f 212-2 09/02 a IG AND IL P - Permitted DISTRICTS: L - Limited (see Additional Provisions) 'LAND USE PC - Conditional use permit approved by,Planning Commission CONTROLS ZA - Conditional use permit approved by,Zoning Administrator TU = Temporary Use Permit P/U - Requires conditional use permit on site of conditional use - Not Permitted Additional IG IL Provisions Personal Enrichment L-9 L-9 (U) (3523-2/02) Personal Services 1-11 L-1 Quasi Residential PC PC (K) Research & Development Services P P Sex Oriented Businesses L-11 L-11 (3378-2/98) (regulated by HBMC Chapter 5.70) (3378-2/98) Sex Oriented Businesses PC PC (R) (3378-2/98) .(regulated by HBMC Chapters 5.24 & 5.60) (3378-2/98) Swap.Meets; Indoor/Flea Markets - PC PC (Q) Vehicle/Equipment Sales&Services. Service Stations L-4 L4 Vehicle/Equipment Repair P P Vehicle/Equip. Sales/Rentals L-5 L-5 Vehicle Storage P ZA (I) Visitor-Aec-afamedations, PC- PC- (K4 Warehouse and Sales Outlets L-8 L-8 Industrial (See Chapter 204) (B)(M)(N) Industry, Custom P P Industry, General P P Industry, Limited P P Industry, R& D P P Wholesaling, Distribution & Storage ..P P Accessory Uses Accessory Uses and Structures P/U P/U (C) Temporary Uses Commercial Filming, Limited P P (T) (3523-2/02) Real Estate Sales TUP T6P (3523- 2/02) Trade Fairs TUP T-UP (E) Nonconforming Uses (F) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 212-3 2/02 e IG AND-IL Districts: Additional Provisions L-1 Only allowed upon approval of a conditional use permit by the Planning Zoning Administrator for a mixed use project, subject to the following requirements: (3254-10/94) Minimum site area: 3 acres (3254-10/94) Maximum commercial space: 35 percent of the gross floor area and 50 percent of the ground floor area of buildings fronting on an arterial highway. (3254-10/94) Phased development: 25 percent of the initial phase must be designed for industrial occupancy. For projects over 500,000 square feet,the initial phase must include 5 percent of the total amount of industrial space or 50,000 square feet of industrial space,whichever is greater. (3254-10/94) L-2 Allowed upon approval of a conditional use permit by the Plaafting Gefnfnissiaa Zoning Administrator when designed and oriented for principal use by employees of the surrounding industrial development or when designed for general public use, after considering vehicular access and parking requirements. (3254-10/94) L-3 Allowed , ;, �� , ,,diti MAI ,o..,,:*�,.,*�e when in a free-standing structure or as a secondary use in a building provided that no more than 20 percent of the floor area is occupied by such a use. (3254-10/94,3523-2/02) L4 Only stations offering services primarily oriented to businesses located in an I District are allowed with a conditional use permit by the Planning,Commissie Zoning Administrator. (3254-10/94) L-5 No new or used automobile, truck or motorcycle retail sales are permitted. (3254-10/94) L-6 Only schools offering higher education curriculums are allowed with conditional use permit approval by the Planning Ceffhmissien Zoning Administrator. No day care,elementary or secondary schools are permitted. (3254-10/94) 1-7 Recycling Operations as an accessory use are permitted; recycling operations as a primary use. are allowed upon approval.of a conditional use permit by the Planning ceffffnission Zoning Administrator. (3254-10/94) L-8 Allowed upon conditional use permit approval by the Planning r^.,,missie Zoning Administrator when a single building with a minimum area of 100,000 square feet is proposed on a site fronting an arterial. The primary tenant shall occupy a minimum 95% of the floor area and the remaining 5% may be occupied by secondary tenants. (3254-10/94) L-9 Permitted if the space is 2-,-500 5,000 square feet or less; allowed by eenditional use perms Neighborhood Notification pursuant to Chapter 241 dministr-ate"if the space is over t.,—�5,000 square feet. (3254-10/94,3523-2/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 n X 212-4 2/02 IG AND IL Districts: Additional Provisions(continued) L-10 Allowed by conditional use permit approval by the.Zoning Administrator for a period of time not to,exceed five (5) years. (3254-10/94,3523-2/02) Lr11 Allowed subject to the following requirements: (3378-2M) A. A proposed sex oriented business 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 sex oriented business. For purposes of these requirements, all distances shall be measured from the lot line of the proposed sex oriented business to the lot line of the sensitive use or the other sex oriented business. The term "residential use" means any property zoned RI., RM, RMH, RH, RMP, and any properties with equivalent designations under any specific plan. (3378-2/98) To determine such distances the applicant shall submit for review a straight line drawing depicting the distances from the lot line of the parcel of land on which the sex oriented business is proposed which includes all the proposed parking and: (3378-2/98) 1. the lot line of any other sex oriented business within seven hundred fifty feet (750') of the lot line of the proposed sex oriented business; and (3378-2198) 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 proposed sex oriented business; and (3378-2/98) 3. the lot line of any parcel of land zoned RL, RM, RMH, RH, and RMP and any parcels of land with equivalent designations under any specific plans within five hundred feet(500') of the lot line of the proposed sex oriented business. (3378-2/98) B. The front facade of the building, including the entrance and signage, shall not be visible from any major, primary or secondary arterial street as designated by the Circulation Element of the General Plan adopted May, 1996, with the exception of Argosy Drive. (3378-2/98) C. Prior to or concurrently with applying for a building permit arid/or a certificate of occupancy for the building, the applicant shall submit application for Planning Department Staff Review of a sex oriented business 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 Chapter 212 212-5 1 2/02 IG AND IL Districts: Additional Provisions(continued) Huntington Beach Zoning and Subdivision Ordinance. Said standards include but are . not limited to the following: (3378-2/98) 1. Chapter 203, Definitions; Chapter 212, Industrial Districts; Chapter 230, Site Standards; Chapter 231, Off-Street Parking & Loading Provisions; Chapter 232, Landscape Improvements; and Chapter 236, Nonconforming Uses and Structures. (3378-2/98) 2. Chapter 233.08(b), Signs. Signage shall conform to the standards of the Huntington Beach Zoning and Subdivision Ordinance Code except a. that such signs shall contain no suggestive or graphic language, photographs, silhouettes, drawings, statues, monuments, sign shapes or sign projections, or other graphic representations, whether clothed or unclothed, including without limitation representations that depict "specified anatomical areas" or "specified sexual activities"; and (3378- 2/98) b. only the smallest of the signs permitted under Chapter 233.08(b) shall be visible from any major, primary or secondary arterial street, such streets-shall be those.designated.in the Circulation Element of the General Plan adopted May, 1996, with the exception of Argosy Drive: 3. Compliance with Huntington Beach Municipal Code Chapter 5.70. (3378-2/98) D. The Director shall grant or deny the application for a sex oriented business zoning permit for a sex oriented business. There shall be no administrative appeal from the granting or denial of a permit application thereby permitting the applicant to obtain prompt judicial review. (3378-2/98) E. Ten (10) working days prior to submittal of an application for a sex oriented business zoning permit for Staff Review, the applicant shall: (i) cause notice of the application to be printed in a newspaper of general circulation; and (ii) give mailed notice of the application to property owners within one thousand (1000') feet of the proposed location of the sex oriented business; and the.City of Huntington Beach, Department of Community Development by first class mail. (3378-2/98) The notice of application shall include the following: (3378-2/98) 1. Name of applicant; (3378-2/98) 2. Location of proposed sex oriented business, including street address (if known) and/or lot and tract number; (3378-2/98) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 � � /� 212-6 2/98 I a IG AND IL Districts: Additional Provisions(continued) 3. Nature of the sex oriented business, including maximum height and square footage of the proposed development; (3378-2/98) 4. The City Hall telephone number for the Department of Community Development to call for viewing plans; (3378-2/98) 5. The date by which any comments must be received in writing by the Department of Community Development. This date shall be ten (10) working days from staff review submittal; and (3378-2/98) 6. The address of the Department of Community Development. (3378-2/98) F. A sex oriented business may not apply for a variance pursuant to Chapter 241 nor a special sign permit pursuant to Chapter 233. (3378-2/98) G. A sex oriented business zoning permit shall become null and void one year after its date of approval unless: (3378-2/98) 1. Construction has commenced or a Certificate of Occupancy has been issued, -whichever comes first; or, (3378-2/98) 2. The use is established. (3378-2/98) _ H. The validity of a sex oriented business 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. (3378-2/98) I. A sex oriented business zoning permit shall lapse if the exercise of rights granted by it is discontinued for 12 consecutive months. (3378-2/98) L-12 For wireless communication facilities see section 230.96 Wireless Communication Facilities. All other communication facilities permitted. (3568-9102) (A) Limited to facilities on sites of 2 acres or less. (3254-10/94) (B) A conditional use permit from the Zoning Administrator is required for any new use or . enlargement of an existing use, or exterior alterations and additions for an existing use located within 150 feet of an R district. The Director may waive this requirement if there is no substantial change in the character of the use which would affect adjacent residential property in an R District. (3254-10/94) (C) Accessory office uses incidental to a primary industrial use are limited to 10 percent of the floor area of the primary industrial use. (3254-10/94) (Rest of page not used) , J Huntington Beach Zoning and Subdivision Ordinance Chapter 212 212-7 9/02 IG AND IL Districts: Additional Provisions(continued) (D) Adjunct office and commercial space, not to exceed 25 percent of the floor area of the primary industrial use is permitted and if more than 25 percent is allowed with a conditional use permit from the Zoning Administrator, provided that it is intended primarily to serve employees of the industrial use, no exterior signs advertise the adjunct use, the adjunct use is physically separated from the primary industrial use, any retail sales are limited to goods manufactured on-site, and the primary industrial fronts on an arterial. (3254-10/94) (E) See Section 241.22: Temporary Use Permits. (3254-10/94) (F) See Chapter 236: Nonconforming Uses and Structures. (3254-10/94) (H) Medical/dental offices, insurance brokerage offices, and real estate brokerage offices, except for on-site leasing offices, are not permitted in any I District. (3254-10/94) Administrative, management, regional or headquarters offices for any permitted industrial use, which are not intended to serve the public, require a conditional use permit from the Zoning Administrator to occupy more than 10 percent of the total amount of space on the site of the industrial use. (3254-10/94) (1) Automobile dismantling, storage and/or impound yards maybe permitted subject to the approval of a conditional use permit by the a Zoning. Administratorand the following criteria: (3254-10/94) (a) The site shall not be located within 660 feet of an R district. (3254-10/94) (b) All special metal cutting and compacting equipment shall be completely screened from view. (3254-10/94) (c) Storage yards shall be enclosed by a solid 6-inch concrete block or masonry wall not less than 6 feet in height and set back a minimum 10 feet from abutting streets with the entire setback area permanently landscaped and maintained. (3254-10/94) (d) Items stacked in the storage yard shall not exceed the height of the screening walls or be visible from adjacent public streets. (3254-10/94) (J) Limited to facilities serving workers employed on-site: (3254-10/94) (K) See Section 230.46: Single Room Occupancy. (3254-10/94) (L) Limited to Emergency Shelters. (3254-10/94) (M) Development of vacant land and/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). (3254-10/94,3523-2102) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 _ I 1 S-a 212-8 02/02 a IG AND IL Districts: Additional Provisions(continued) (N) Major outdoor operations require conditional use permit approval by the !"'^.,, Zoning Administrator. Major outside operations include storage yards and uses utilizing more than 1/3 of the site for outdoor operation. (3254-10/94) (0) See Section 230.40: Helicopter Takeoff and Landing Areas. (3254-10/94) (P) See Section 230.44: Recycling Operations. (3254-10/94) (Q) See Section 230.50: Indoor Swap Meets/Flea Markets (3254-10/94) (R) See L-11(A) relating to locational restrictions. (3254-10/94,3378-2198) (S) Non-amplified live entertainment greater than 300 feet from a residential zone or use shall be permitted without a conditional use permit. (3523-2/02) (T) Subject to approval by the Police Department, Public Works Department, and Fire Department and the Planning Director.,(3523-2/02) (U) . Limited Neighborhood -notification.requirements when.no.entitlement required pursuant to Chapter 241.-�`s523 zo2> i. Tea (10) weFkina, days pr-iAr-to submittal for-Za-building p eFmitCGT QCCTfi ccto ef a. Name of appheaat.4352a4=4 b. Lec-ation of planned development nr use, inelu iaa ,ddr-e .-9&23-o e. Natur-@$f the-proposed development shall be fully diselvse'ld in the nvcro—y&Res- 249 (1 Planning Dep aft nenf_r.l enea„ ,.,1•.er e„d address . f City Hall shall be e. The date by whieh any eeffifneats must be r-eeeived in wr-ifing by the Planning these r-eceiving the mailffig-4&5,2� 212.06 IG AND IL Districts: Development Standards The following schedule prescribes development standards for the I Districts. The first two columns prescribe basic requirements for permitted and conditional uses in each district. Letters in parentheses in the "Additional Requirements" column reference requirements following the schedule or located elsewhere in this ordinance. In calculating the maximum gross floor area as defined in Chapter 203, the floor area ratio is calculated on the basis of net site area. Fractional numbers shall be rounded down to the nearest whole number. All required setbacks shall be measured from ultimate right-of-way and in accordance with definitions set forth in Chapter 203, Definitions. (3254- 10/94) I Huntington Beach Zoning and Subdivision Ordinance /J e C-Mpter 212 212-9 2/02 . .Additional IG IL Requirements Residential Development (M) Nonresidential Development Minimum Lot Area(sq. ft.) 20,000 20,000 (A)(B) ( 4-) Minimum Lot Width (ft.) 100 100 (A)(B) Minimum Setbacks (A)(C) Front(ft.) 10;20 10-?0 (D) Side (ft.) 0 15 (E)(F) Street Side (ft.) 10 10 Rear(ft.) 0 0 (E) Maximum Height of Structures (ft.) 40 40 (G) Maximum Floor Area Ratio (FAR) 0.75 0.75 Minimum Site Landscaping (%) 8 8 (H)(I) Fences and Walls See Section 230.88 Off-Street Parking and Loading See Chapter 23.1 (J) Outdoor Facilities See.Section 230.74 IG AND IL Districts: Development Standards(continued) Additional IG IL Requirements Screening of Mechanical Equipment See Section 230.76 (K) Refuse Storage Area See Section 230.78 Underground Utilities See Chapter 17.64 Performance Standards See Section 230.82. (L) Nonconforming Uses and Structures See Chapter 236 Signs See Chapter 233 IG AND IL Districts: Additional Development Standards (A) See Section 230.62: Building Site Required and Section 230.64: Development on Substandard Lots. (3254-10/94) (B) Smaller lot dimensions for new parcels may be permitted by the Zoning Administrator with an approved development plan and tentative subdivision map. (3254-10,'94) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 212-10 10/94 IG AND IL Districts: Additional Development Standards (continued) (C) See Section 230.68: Building Projections into Yards and Required Open Space. Double- frontage lots shall provide front yards on each frontage. (3254-10/94) (D) The minimum front setback shall 10 feet and the average setback 20 feet, except for parcels fronting on local streets where only a 10 foot setback is required. (3254-10/94) All I Districts: An additional setback is required for buildings exceeding 25 feet in height (1 foot for each foot of height) and for buildings exceeding 150 feet in length (1 foot for each 10 feet of building length) up to a maximum setback of 30 feet. (3254-10/94) (E) In all I districts, a 15-foot setback is required abutting an R district and no openings in buildings within 45 feet of an R district. (3254-10/94) (F) A zero-side yard setback may be permitted in the I districts, but not abutting an R district, provided that a solid wall at the property line is constructed of maintenance-free masonry material and the opposite side yard is a minimum of 30 feet. (3254-10/94) Exception. The Zoning Administrator ^ issi^^ may approve a conditional use permit to allow a 15-foot interior side yards opposite a zero-side yard on one lot,if an abutting side yard at least 15 feet wide is provided and access easements are recorded - ensuring a minimum 30-foot separation between buildings. This 30-foot accessway must be maintained free of obstructions and open to the sky, and no opening for truck loading or unloading shall be permitted in the building face fronting on the accessway unless a 45-foot long striped areas is provided solely for loading and unloading entirely within the building. (3254-10/94) (G) See Section 230.70: Measurement of Height. Within 45 feet of an R district, no building or structure shall exceed a height of 18 feet. (3254-10/94) (H) Planting Areas. Required front and street-side yards adjacent to a public right-of-way shall be planting areas except for necessary drives and walks. A 6-foot wide planting area shall be provided adjacent to an R district and contain one tree for each 25 lineal feet of planting area. (3254-10/94) . . (I) See Chapter 232: Landscape Improvements. (3254-10/94) (J) Truck or rail loading, dock facilities, and the doors for such facilities shall not be visible from or be located within 45 feet of an R district. (3254-10194) (K) See Section 230.80: Antennae. (3254-10/94) 1 � � Huntington Beach Zoning and Subdivision Ordinance Chapter 212 212-11 10/94 IG AND IL Districts: Additional Development Standards (continued) (L) Noise. No new use shall be permitted, or exterior alterations and/or additions to an existing use allowed, within 150 feet of an R district until a report prepared by a California state- licensed acoustical engineer is approved by the Director. This report shall include recommended noise mitigation measures for the industrial use to ensure that noise levels will conform with Chapter 8.40 of the Municipal Code. The Director may waive this requirement for change of use or addition or exterior alteration to an existing use if it can be established that there had been no previous noise offense, that no outside activities will take place, or if adequate noise mitigation measures for the development are provided. (3254-10/94) (M) Group residential or accessory residential uses shall be subject to standards for minimum setbacks and height of the RH District. (3254-10194) 212.08 Review of Plans All applications for new construction and exterior alterations and additions shall be submitted to the Community Develepme Planning Department for review. Discretionary review shall be required as follOWS:.(3254-10/94) A. Zoning Administrator Review. Projects requiring a conditional use permit from the- Zoning Administrator; projects including a zero-side yard exception;projects on Substandard lots. (3254-10/94) B. Design Review Board. Projects within redevelopment project areas and areas within 500 feet of a PS district; see Chapter 244. (3254-10194) C. Planning Commission. Projects requiring a conditional use permit from the Commission. (3254-10/94) D. Projects in the Coastal Zone. A Coastal Development Permit is required unless the project is exempt; see Chapter 245. (3254-10/94) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 D Q� f S' 212-12 10/94 e March 16,2004 LEGISLATIVE DRAFT Ip Chapter 214 PS Public-Semipublic`District$` (3334-6/97,3524-2/02,3553-5/62,3568-9/02) Sections: 214.02 Public-Semipublic District Established 214.04 Applicability 214.06 PS District: Land Use Controls 214.08 PS District: Development Standards 214.10 Review of Plans 214.02 Public-Semipublic District Established The PS Public-Semipublic District is established by this chapter. This district provides areas for large public or semipublic uses. The intent of this district in the coastal zone is to implement the Public, Quasi-Public, and Institutional land use designation of the certified Local Coastal Program Land Use Plan. (3334-6/97) 214.04 Applicability The PS District.shall be the'base district for the use classifications listed in Section 214.06 where. . these have a contiguous site area of 2 acres or more, including alleys, streets, or other rights-of way. . This requirement does not apply to Public-Semipublic use classifications in commercial districts. Public-semipublic use classifications on sites of less than 2 acres shall be subject to the provisions of the base and overlay districts in which they are located. (3553-5/02) 214.06 PS District: Land Use Controls In the following schedule, letter designations are used as follows: "P" designates use classifications permitted in PS districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" which follow. "PC",designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "TU" designates use classifications allowed on approval of a temporary use permit. "P/U" for an accessory use mean that the use is permitted on the site of a permitted use but requires a conditional use permit on the site of a conditional use. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the zoning ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. I Huntington Beach Zoning and Subdivision Ordinance 1 Chapter 214 214-1 9/02 PS DISTRICT: P = Permitted LAND USE CONTROLS L = Limited(see Additional Provisions) PC = Conditional use permit approved by Planning Commission TU = Temporary Use Permit P/U. = Requires conditional use permit on:site of a conditional use Additional PS Provisions Public and Semipublic Cemetery PC Cultural Institutions PC Day Care, General PC Government Offices L-1 Hospitals PC Maintenance & Service Facilities L-1 Park & Recreation Facilities PC Public Safety Facilities PC Religious Assembly ZA (3524-2/02) Residential Care, General PC Schools, Public or Private PC Utilities, Major PC Utilities, Minor P Commercial Uses Commercial Parking Facility L-3 _ Communication Facilities L-4 (3568-9/02) Eating and Drinking Establishments L-2 Vehicle/Equipment Sales and Services L-1 Accessory Uses Accessory Uses and Structures P/U Temporary Uses (A) Animal Shows TU Circuses and Carnivals TU Commercial Filming, Limited TU Trade Fairs T-9 P Nonconforming Uses 16V Huntington Beach Zoning and Subdivision Ordinance Chapter 214 214-2 9/02 PS District: Additional Provisions L-1. City-owned facilities are permitted; all other facilities require_a conditional use permit.from the Pimi ing, r6m '„ Zoning Administrator: L-2 Permitted as an accessory use in a cultural, educational, hospital, or medical institution occupying no more than 5,000 square feet,only if there is no separate entrance or sign. L-3 Public parking permitted, but commercial parking facilities on City-owned land require a conditional use permit from the Planning Gemmissien Zoning Administrator. L4, Only wireless communication facilities permitted subject to Section 230.96 Wireless Communication Facilities. (3568-9/02) (A) See Section 241.20: Temporary Use Permits. (B) See Chapter 236:Nonconforming Uses and Structures. 2.14.08 PS District: Development Standards` The following schedule prescribes development standards for the PS district. The first column prescribes basic requirements for permitted and conditional uses in the district. Letters in parentheses in the "Additional Requirements" column refer to standards following the schedule or located elsewhere in the zoning ordinance. In calculating the maximum gross floor area as defined in Chapter 203, the floor area ratio is calculated on the basis of net site area. Fractional numbers shall be rounded down to the nearest whole number. All required setbacks shall be measured from ultimate right-of-way and in accordance with definitions set forth in Chapter 203 Definitions. (Rest of page not used) 1 H,:-5ngton Beach Zoning and Subdivision Ordinance 0 2-_ter 214 214-3 9/02 PS DISTRICT DEVELOPMENT STANDARDS PS Additional Requirements Nonresidential Development (A) Minimum Lot Area 2 ac Minimum Lot Width (ft.) 100 Minimum Setbacks Front(ft.) 10 (B)(C)(M) Side (ft.) 00 (D) Street Side (ft.) Rear(ft.) 0 (D) Maximum Height of Structures (ft.) 50 (D)(E)(N) (3334- 6/97) Maximum Floor Area Ratio(FAR) 1.5 Minimum Site Landscaping(%) 8 (F)(G) Building Design Standards (L)(M) Fences and Walls (H)(I) Off-Street Parking/Loading (J) Outdoor Facilities See Section 230.74 (K) Screening of Mechanical Equipment See Section 230.76 (K) Refuse Storage Areas See Section 230.78 Underground Utihhes See Chapter 17.64 Performance Standards See Section 230.82 - - Nonconforming Structures See Chapter 236 Signs See Chapter 233 PS District: Additional Development Standards (A) See Section 230.62: Building Site Required. (B) See Section 230.68: :Building Projections into Yards and Required Open Space._ Double frontage lots shall provide front yards,on each frontage. _ (C) A minimum 50-foot setback is required along Beach Boulevard, Edinger Avenue, and Pacific Coast Highway or 25 foot setback with the setback area entirely landscaped. (D) Along a side or rear property line abutting an R district, a 10-foot setback is required, and structures within 45 feet of the district boundary shall not exceed 18 feet in height. (E) See Section 230.70: Measurement of Height and Section 230.72: Exceptions to Height Limits. Huntington Beach Zoning and Subdivision Ordinance Chapter 214 214-4 6/97 . 0 � 166 (F) Planting_Areas: (1) Required side and rear yards shall be planting areas or shall be enclosed by a solid concrete or masonry wall at least 6 feet in height. (2) A 10-foot wide landscapedstrip.shall be provided along all street-frontages;except for necessary driveways and walks. (G) See Chapter 232: Landscape Improvements. (H) See Section 230.88: Fencing and Yards. (I) A solid masonry or concrete wall at least 6 feet in height shall adjoin the site of an existing ground-floor residential use. However, where the portion of the site within 10 feet of the front property line is occupied by planting area or by a building having no openings except openings opposite a street property line, the Director may grant an exception to this requirement. A wall within 15 feet of a street property line shall not exceed 3.5 feet in height. (J) See Chapter 231: Off-Street Parking and Loading. (K) See Section 230.44 Recycling Operations and Section 230.80: Antennae (L) A front or street side wall surface shall be no longer than 100 feet without a break, a recess or offset measuring at least 20 feet in depth and one-quarter of the building length, or a series of offsets,projections or recesses., at intervals.of not more.than 40-feet that vary.the depth of the building wall by a minimurii of 4 feet. The Director may grant exceptions or allow these standards to be modified for exceptional or unique structures subject to Design Review, - = Chapter 244. (M) On frontages adjacent to major or primary arterials at least 40 percent of a building surface may be located at the minimum setback line if additional landscaping is provided on the site. (N) In the coastal zone, the maximum allowable height of structures shall be reduced as necessary to retain compatibility with the established physical scale of the area and to preserve and enhance public visual resources. (3334-6/97) 214.10 Review of Plans All applications for new construction_and exterior alterations and additions shall be submitted to the Community Development Department for review. Discretionary review shall be required for projects requiring conditional use permits. Design Review shall be required for all projects except temporary uses. A Coastal Development Permit is required for projects in the Coastal Zone unless the project is exempt (see Chapter 245). Huntington Beach Zoning and Subdivision Ordinance Chapter 214 214-5 6/97 March 16,2004 LEGISLATIVE DRAFT Chapter:220 O Oil Production Overlay'" istrict Sections: 220.02 Oil Production Overlay District Established 220.04 Zoning Map Designator and Applicability 220.06 Area Requirements 220.08 Reuse Plan Required 220.10 Criteria for Approval of a Reuse Plan 220.12 Site Compliance 220.14 Land Use Controls and Development Standards 220.16 Portable Equipment Required 220.18 Application for Designation 220.20 01 District-Dedication Requirements 220.22 Waiver or Reduction of Dedication Requirements 220.24 Criteria for Waiver of Reduction:of Dedication Requirements 220.02 Oil Production Overlay Districts Established The Oil Production Overlay Districtand a subdistrict are established by this c$apter:as lows A. The O District provides areas to accommodate only oil operations with no drilling. B. An 01 subdistrict designation provides areas where oil drilling is allowed, subject to a conditional use permit. 220.04 Zoning Map Designator and Applicability The zoning map shall show all property affected by adding an "-O" or "-01" to the base district designator. The provisions in this chapter shall apply in addition to the requirements of any district with which the O or 01 District is combined. Where conflicts arise, the provisions of this chapter shall govern. 220.06 Area Requirements O District: The minimum area required to establish an O District is 1,500 square feet, with a minimum width of 25 feet and a minimum length of 60 feet. 01 District: The minimum area required to establish an 01 District is 15,000 square feet, with a minimum width of 100 feet and a minimum length of 150 feet. i Huntington Beach Zoning and Subdivision Ordinance Chapter 220 220-1 5/97 220.08 Reuse Plan Required No land division or development shall occur on land subject to an O or 01 Overlay District unless it is in accord with a plan for the disposition or treatment of any existing or proposed oil wells or oil operations.within the district that has been approved in writing by the oil operator or lessee and apppproved by the Director ^�ZeniAg ministfater- E4 Plaan Ag �'�-�m �, and consent of Fire (thief in accord with Section 220.10. The subdivider or developer shall send the plan by certified mail to the oil operator or lessee for review, comment and approval. Upon receipt of the oil operator's or lessee's approval and/or comments, the subdivider or developer shall submit the plan and the approval and/or comments to the Director and Fire Chief. A. If the oil operator or lessee has approved the plan, the Fire Chief may recommend the Director approve the plan upon finding it conforms to all applicable provisions of the Municipal Code. B. If the oil operator or lessee does not approve the plan, and if the Director and Fire Chief find the plan in compliance with the Municipal Code, then the plan and any comments of the oil operator or lessee shall be transmitted to the Director. The D -eete- shall The oil operator or lessee shall be notified by certified mail at least seven days prior to the review. Failure to submit and obtain approval of a reuse plan shall be grounds for disapproval of the proposed subdivision;division of land or development: 220.10 Criteria for Approval of a Reuse Plan The ZeRingJ plan may be approved thelan only upon finding that: A. Open space has been reserved around the oil operation site to allow for all existing and future equipment which could reasonably be expected to be used on the site, including any setbacks from new development required by the Fire Chief; B. Access from a public street or alley to all operation sites is provided for portable equipment and emergency.vehicles; C. Expansion of the existing facilities;if permitted-in the O District, can be accomplished; D. Any proposed development includes all provisions for soundproofing and fire protection required by the Fire Chief, and E. Screening of oil facilities from any new development are included in the reuse plan. F. If located in the coastal zone, the reuse plan is consistent with the certified Local Coastal Program. (3334) i Huntinc:c.^.Beach Zoning and Subdivision Ordinance Chapter 220 "^' a 220.12 Site Compliance No subdivision or development shall occur on property designated 0 or 01 unless said property is in compliance with Title 15, the Uniform Fire Code, and any other applicable Federal, State, County or local rules or regulations, and approved by the Fire Chief .Site compliance includes, but is not limited to oil-well abandonment and contaminated soil remediation 220.14 Land Use Controls and Development Standards The land use controls and development standards applicable in an 0 or 01 District shall be as prescribed by the base zoning district within which it is combined, unless modified by another overlay district and by the following restrictions. A. O District: Any oil operation except drilling is allowed, subject to approval by the Fire Chief. B. 01 District: Drilling and any oil operation are allowed, subject to approval of a conditional use permit by the Planning Commission. 220.16 Portable Equipment Required No person or persons shall use or cause to be used any equipment in an O District for drilling, redrilling, rework, well servicing or repair.except portable equipment or such other equipment as . may be approved by the Fire Department No person or persons.using such equipment or causing ..such equipment to be so.used, shall maintain or store."said equipment in an O_District_upon completion of the work for which such equipment was used. 220.18 Application for Designation Any person requesting that an O District be established on a property shall submit the following information to the Director: A. Complete legal description of the property. B. Plot plan showing the location of all existing and proposed oil facilities including,but not limited to, wells, tanks, dikes,pipelines, heaters, and storage sheds. The plan shall also show the,location of accessways from any well.to a public street or alley. C. The location'of the nearest public road, street, or alley, and occupied residence or commercial structure and places of public assembly within 500 feet of each well. 220.20 01 District- Dedication Requirements Prior to issuance of a drilling permit for a new well located on any 01 parcel abutting a public street, alley or highway, all real property shall be dedicated or an irrevocable offer of dedication made of such real property which the City requires for streets and alleys, including access rights and abutters' rights, drainage, public utility easements, and other public easements. In addition, all streets and alleys shall be improved, or an agreement entered into for such improvements, including curbs, gutters, sidewalks, paving, street trees, street lights, and street drainage in full compliance with the City's standards. I ) q Huntington Beach Zoning and Subdivision Ordinance Chapter 220 220-3 5/97 220.22 Waiver or Reduction of Dedication Requirements An oil operator may apply for a waiver or reduction of dedication and improvement requirements when applying for a conditional use permit for drilling, and any such waiver or reduction, when granted, shall apply only to the well or wells specified in the application. 220.24 Criteria for`x-,fdwr-Modification or Reduction of Dedication Requirements The D'.,.,ning Cpmm isrien Director shall approve, conditionally approve, or deny upon consent of Fire Chief and Director of Public Works the request for a waiver or reduction of dedication requirements after considering the following factors: A. Estimated period of time that the proposed new well(s) and related facilities will be in operation; B. Degree of intensity of development of surrounding area; C. Effect of the proposed well on vehicular traffic in the vicinity of the site; and D. Extent of the proposed oil well operation. Huntington Beach Zoning and Subdivision Ordinance Chapter 220 ggn-d a LEGISLATIVE DRAFT ]Chapter.222 FP Floodplain Overlay:,District (-FP1.,=FP2, (3285--7/95,3334-6/97) Sections: 222.02 Floodplain Overlay District Established 222.04 Zoning Map Designator; Establishment of Hazard Areas 222.06 Definitions 222.08 Methods of Reducing Flood Hazards 222.10 General Provisions 222.12 Land Use Controls .222.14 Development Standards and Standards of Construction 222.16 Variances/Appeals 222.02 Floodplain Overlay District Established The FP Floodplain Overlay District is established and applies to all areas of special-flood hazard within the.City., If not controlled,periodic inundation results in loss of life and property;health and safety hazards, disruption of commerce`and government services, - extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss. 222.04 Zoning Map Designators; Establishment of Hazard Areas A. The areas of special flood hazard identified by the Federal Emergency Management Agency(FEMA) in the Flood Insurance Study for the.City of Huntington.Beach.* =; dated August 16, 1982 and delineated on the Flood Insurance Rate Map(FIRM) dated February 16, 1983 (revised September 16, 1989) and the Orange County, County-wide FIRM dated November 3, 1993 and all subsequent revisions and/or amendments are hereby adopted by reference and declared to be a part of this chapter. FEMA's most recent FIRM and flood insurance study(on file with the Director) may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the City Council by the Director. 19/ Huntington Beach Zoning and Subdivision Ordinance 01A Chapter 222 222-1 5197 a B. Three subdistricts of the FP Overlay District are designated for purposes of flood hazard provisions. 1. -FP l Subdistrict shall apply to that area designated as a floodway or right-of-way necessary for implementation of the-Santa Ana River,Channel Plan by the U.S. Army Corps of Engineers. 2. -FP2 Subdistrict shall apply to FIRM areas A, AE, AO, and AH and any other area determined by the Director to be subject to similar flood hazards. 3. -FP3 Subdistrict shall apply to FIRM areas V or VE and any other area determined by the Director to be subject to similar flood hazard. C. The -FP District boundaries shall be delineated on the Zoning Map by adding a "-FP"designator to the base district designator for the area affected, followed by the appropriate subdistrict designation (1, 2, or 3). 222.06 Definitions Except where the context clearly_indicates otherwise,the definitions given.in this-section shall govern the provisions of this"chapter A. Appeal. A request for review of the Director's interpretation of any provision of this chapter, or a request for a variance. B. Area of shallow flooding. A designated AO or AH zone on the Flood Insurance Rate Map (FIRM) prepared by the Federal Emergency Management Agency (FEMA). The base flood depths range from one to three feet; a clearly-defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. C. Area of special flood hazard. The land in the floodplain within a community subject to a 1 percent or greater chance of flooding in any given year.. This area is designated as:Zone A, AO;AH;AE,V, and VE on the FIRM. D. Base flood. A flood having a 1 percent chance of being equaled or exceeded in any given year(also called the 100-year flood). E. Basement. Any area of a building having its floor subgrade on all sides. F. Breakaway wall. Any type of wall, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic, or any other suitable building material which is not part of the structural support of the building and �!!'l which is designed to break away under abnormally high tides or wave action Huntington Beach Zoning and Subdivision Ordinance Chapter 222 222-2 s�� without damage to the structural integrity of the building on which it is used or any building to which it might be carried by flood waters. A breakaway wall shall have a safe design loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls must be certified by a California-registered engineer or architect and shall meet the following conditions:. 1. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and 2. The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of a base flood. G. Coastal high hazard area. The area subject to high velocity waters including, but not limited to, coastal and tidal inundation or tsunamis. The area is designated on a FIRM as Zone V and VE and as -FP3 in this Chapter. H. Development. Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavating, or drilling operations. 1. Existing manufactured home park or:subdivision. A manufactured home park or. . Subdivision.for which the construction of facilities including utilities, final grading or paving of pads and the construction of streets was completed before the effective date of the City's floodplain management regulation. J. Expansion to an existing manufactured home park or subdivision. The preparation of additional manufactured home sites in an existing manufactured home park or subdivision beyond those that had been completed prior to the effective date of the provisions in this chapter. K. Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation of runoff of surface waters from any source; mudslides; and condition resulting from flood related erosion: L. Flood Insurance Rate Map(FIRM) and Flood Boundary and Floodwav Man. The official maps on which areas of special flood hazard, the risk premium zones and the floodway applicable to the community are delineated. NI. Flood Insurance Study. The "Flood Insurance Study for the City of Huntington Beach,"prepared by the Federal Insurance Administration (FIA), providing flood profiles, the Flood Insurance Rate Maps, the Flood Boundary and Floodway Maps and the water surface elevations of the base flood. Huntington Beach Zoning and Subdivision Ordinance Chapter 222 222-3 5/97 a N. Floodplain. Any land area susceptible to being inundated by water from any source. O. Floodplain management. The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to- emergency preparedness plans, flood control works, and floodplain management control: P. Floodplain management regulations. Zoning and subdivision ordinances,building codes, health regulations, special purpose ordinances (such as floodplain,grading and erosion control) and other applications of police power. This term describes federal, state or local regulations in any combination thereof which provide standards for the purpose of preventing and reducing flood damage and loss. Q. Floodproofing. Any combination of structural and nonstructural additions, changes or adjustments to nonresidential structures which reduce or eliminate flood damage to real estate or improved real property, water, and sanitary facilities, structures, and their contents. R. Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved iri order to discharge the base flood without cumulatively increasing the water surface elevation more than 1 foot. S. functionallypendent use. A use which cannot perform its intended purposes _ unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. T. Highest adjacent grade. The highest natural elevation of the ground surface next to the proposed walls of a structure prior to construction. U. Lowest Floor. The lowest floor of the lowest enclosed area(including basement). An unfinished or flood-resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided that such enclosure is riot builtso as to render the structure in violation of the applicable non-elevation design requirements of this chapter. V. Mean Sea Level. The National Geodetic Vertical Datum of 1929 or other datum, to which base flood elevations shown on the FIRM are referenced. W. New construction. Structures for which the "start of construction" commenced on or after the effective date of the City's floodplain management control (February 16, 1983). �, P Huntington Beach Zoning and Subdivision Ordinance Chapter 222 222-4 CIn'7 X. Sand dunes. Naturally occurring accumulations of sand in ridges or mounds landward of the beach. Y. Start of construction. The date the building permit was issued; provided the actual start of construction, repair; reconstruction; placement, or other:improvement was within 180 days of the permit date.. The actual start means either the first placement_ of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation such as clearing, grading, and filling; or does it include the installation of streets and/or walkways; or does it include excavation for a basement, footings,piers, or foundations of the erection of temporary forms; or does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. Z. Substantial damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to the condition existing before damage would equal or exceed 50 percent of the market value before the damage occurred. AA. Substantial improvement. Any repair,reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the-`; structure before such repair,:reconstruction, or improvement. This term includes structures which have incurred"substantial damage,"regardless of the actual repair work performed. This term does not, however, include: (3285-7/95.3334-&97) 1. Any improvement to a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to ensure safe living conditions; or 2. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places that will not preclude the structure's continued designation. (3285-7/95,3334-6197) "Market.value" of a structure, as used herein, shall be the.replacemenf cost as determined by its replacement value according to the valuation figures in-use by the Director prior to such repair, reconstruction, or improvement. In the alternative, the applicant may submit a report by a qualified real estate appraiser which indicates the "replacement cost"of the structure. (3265-7/95.3334-6197) "Cost" for a repair, reconstruction,or improvement project, as used herein, shall be determined by valuation figures in use by the Director. Huntington Beach Zoning and Subdivision Ordinance Chapter 222 222-5 5/97 e BB. Variance: A grant of relief from the requirements of this chapter which permits construction in a manner which would otherwise.be.prohibited. 3334-&97) 222.08 Methods of Reducing Flood Hazards Methods and provisions for reducing flood hazard include: A. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities; B. Requiring that uses and structures vulnerable to floods be protected against flood damage at the time of initial construction; C. Controlling the alteration of natural floodplain, stream channels, and natural protective barriers, which help accommodate or channel flood waters; D. Controlling filling, grading, dredging, and other development which may increase flood damage; E. Preventing or regulating the construction of flood barriers which Will unnattrally. divert flood waters or which may increase flood hazards in other areas; and F. Any methods and provisions for reducing flood hazard within the coastal zone shall be consistent with the Coastal Conservation District. (3334-6/97) 222.10 General Provisions A. Compliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable provisions. This chapter is not intended to repeal, abrogate, or impair any existing easements,covenants,or deed.restrictions. However,where this chapter or another chapter, easement,covenant, or deed restriction conflict.or overlap,whichever imposes the more stringent restrictions shall prevail. B. Warning and Disclaimer of Liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. As a consequence, floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damage. This chapter shall not create liability on the part of the incidental parcels which do not front a sandy beach, which have bulkheads and are not adjacent to 196 Huntington Beach Zoning and Subdivision Ordinance Chapter 222 222-6 ^� a recreation or public use areas and other existing or proposed lateral or vertical easements, or when development is proposed on an existing subdivided single-family residential lot between developed residential parcels. C. Director=-Responsibilities. The duties and responsibilities of the Director in enforcing the provisions of this chapter shall include,but not be'limited to: 1. Reviewing building permits to determine that the permit requirements of this chapter have been satisfied, that all other required state and federal permits have been obtained, and that the site is reasonably safe from flooding. 2. Reviewing building permits to determine that the proposed development, when considered with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than 1 foot at any point. 3. Making interpretations where needed as to the exact location of the boundaries of areas of special flood hazard. 4. Obtaining and maintaining for public inspection flood insurance policy information concerning the certified elevation for residential developments and subdivisions, and the certification required for floor elevations, for developments located in areas where:shallow flooding is likely to occur;for floodproofing:of nonresidential developments;for coastal hi6gh hazard areas;for anchoring of manufactured homes; and for floodway encroachments. 5. Notifying adjacent communities and responsible staff and federal agencies prior to any alteration or relocation of a watercourse. The Director shall further ensure that the flood-carrying capacity is maintained for any watercourse, or portion thereof, which has been altered or relocated. 6. Taking action to remedy violations of this chapter as provided in Chapter 249. D. Building Permit Review. Application for building permit shall include: 1. ..Proposed elevations in.relation to mean.sea level, of the..lowest floor of all structures; in -FP2, elevation of highest adjacent grade and proposed elevation of lowest floor of all structures; 2. Proposed elevations in relation to mean sea level and the FIRM design flood to which any structure will be floodproofed; and 3. A description of the extent to which any watercourse will be altered or relocated as a result of proposed development. 4. All appropriate certifications required in Section 222.14. I g Huntington Beach Zoning and Subdivision Ordinance Chapter 222 222-7 5197 e 222.12 Land Use Controls A. -FPl Subdistrict 1. Permitted Uses a. Flood control channels, levees, spreading grounds and basins, roads, bridges and storm drains. b. Agricultural uses which require no permanent structures, landfill, storage of materials or equipment, or stream alteration that would result in any increase in flood levels within the regulatory floodway. 2. Uses Requiring a Conditional Use Permit from the Zoning Administrator a. Minor Utilities. b. Temporary structures which can be readily removed in the time available after flood warning. c. Recreation areas,parks,.campgrounds playgrounds,riding and hiking trails, parking lots,wildlife and natural preserves,and similar open space uses that- - -- do not have substantial permanent structures. -3. Uses Requiring a Conditional Use Permit from the Planning Commission a. Major of fnine utilities. -3 4. Prohibited Uses a. Landfills, excavations, improvements, developments, or encroachments that will obstruct waterflow, cause any cumulative increase in the elevation of the design flood water profile by more than one(1)�foot at any.point, tend to broaden direct flood flows out of the floodway, impair the design flood conveyance capability of the floodway, or otherwise create a potential hazard to life or property resulting from flood flows. b. All encroachments, including fill, new construction, substantial improvements, and other development unless a California-registered civil engineer demonstrates to the satisfaction of the Director that such encroachments will not result in any increase in flood levels within the floodway. c. Permanent structures. Huntington Beach Zoning and Subdivision Ordinance Chapter 222 e d. Storage of substances or materials capable of floating which could add to the debris load of a flood. e: Storage of chemicals, explosives, flammable liquids, toxic materials, or anything-of a nature which could create a poteritial danger to the public health and welfare. B. -FP2 Subdistrict 1. Permitted Uses a. Excavation and removal of rock, sand gravel, and other materials, providing that the flood-carrying capacity of the watercourse is preserved and the excavation area is designed to receive and release floodwaters, and such excavations will not create a potential hazard to adjacent properties resulting from flood or erosion conditions. b. Landfills that do not cause floodwaters to be diverted onto adjacent properties, are protected against erosion from floodwaters, and do not increase the elevation of the design flood by more than one (1) foot at any point, or that can fully provide for the design:flood by means of:watercourse improvements: c. New structures and improvements permitted by the base district or allowed with a conditional use permit including manufactured homes, which comply with the applicable standards of construction of this chapter. 2. Prohibited Uses a. Landfills, excavations, improvements, developments, or encroachments that will obstruct waterflow, cause a cumulative increase in the elevation of the design floodwater profile by more than 1 foot at any point, tend to broaden or direct flood flows out of the natural floodplain, or otherwise cause..a potential hazard to life or property resulting from flood flows. C. -FP3 Subdistrict All uses permitted or conditionally permitted in the base district with which the -FP3 district is combined are permitted subject to approval of a building permit and compliance with the standards of construction of this chapter, except for the following uses which are prohibited: 1. The placement of manufactured homes except in existing parks or subdivisions. Huntington Beach Zoning and Subdivision Ordinance Chapter 222 222-9 5197 2. Man-made alteration of sand dunes which would increase potential flood damage. 3. Fill used for..structural support of buildings. (3285-7/95,3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chaoter 222 ^^^ ' 222.14 Development Standards and Standards of Construction Development standards for the -FP Overlay District shall be specified by a conditional use permit or shall be those of the base district with which the -FP district is combined, provided that the following standards.of construction shall apply in the -FP2 and FP3: subdistricts. A. -FP2 Standards of Construction. 1. Anchorin,2. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. All manufactured homes shall comply with the anchoring standards of Section 222.14A5. 2. Construction Materials and Methods. All new construction and substantial improvements shall use construction methods and practices that minimize flood damage, and shall utilize materials and utility equipment resistant to flood damage. Adequate drainage paths around structures on slopes shall be provided to guide flood waters around and away from proposed structures. 3. Elevation and Floodl)roofint? a. New residential construction and substantial improvement of any residential structure shall have the lowest floor including basement elevated one foot above the base flood elevation except: (3285-7/95,3334-6197) 1. In an AO zone the lowest floor including basement shall be elevated one foot above the highest adjacent grade to a height exceeding the depth number on the FIRM by one foot or at least three(3) feet if no depth number is specified, and (3285-7/95,3334-6197) 2. In an A zone, the lowest floor including basement shall be elevated one foot above the base flood elevation as determined by the City. (3285 7/95,333a-&97) Upon completion of the structure, the elevation of the lowest floor including basement shall be certified by a California-registered architect, engineer,or surveyor. The elevation certificate shall be submitted to the Director. 1( 1/97) b. Nonresidential construction shall be either elevated to comply with subsection 3a or together with attendant utility and sanitary facilities be floodproofed below the level stated in subsection 3a so that the structure is watertight with walls substantially impermeable to the passage of water and be capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A floodproofing certificate shall be completed and certified by a California registered engineer or architect and submitted to the Director. Huntington Beach Zoning and Subdivision Ordinance Chapter 299 222-11 5/97 a c. Space Below the Lowest Floor. All new construction and substantial improvement with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles,building access or storage, and which are subject to flooding, shall be designed to automatically. equalize hydrostatic flood forces on exterior walls by alto«-iha for-the:entry and' exit of floodwater. All proposals,for using space below the lowest floor shall exceed the following requirements: (1) Be certified by a California registered engineer or architect; or (2) Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration, Federal Emergency Management Agency, or (3285-7/95,3334-6/97) (3) Have a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers,valves or other coverings or devices provided they permit the automatic entry and exit of floodwaters. (32857/95) d. All preliminary development proposals shall identify the flood hazard area, the elevation of the.base flood,and be consistent with the need to:minimize flood damage.'All developments shall provide adequate drainage to reduce exposure to flood hazards. e. All final subdivision plans shall provide the elevation of proposed structures and pads. The lowest floor and pads shall be certified by a California registered engineer or surveyor and submitted to the Director. (3285-7/95,3334- 6/97) 4. Standards for Utilities and Mechanical Equipment. a. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters. b. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. c. All new construction and substantial improvements shall be constructed with electrical, heating,ventilation,plumbing and air conditioning equipment and other service facilities designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. Huntington Beach Zoning and Subdivision Ordinance Chapter 222 999-1 9 ^' e d. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed in a floodproof manner. .5. Standards for Manufactured Homes. a. All new and replacement manufactured homes and substantial improvements to manufactured homes on sites located (32a5-7/95,33346/97) 1. outside of a manufactured home park or subdivision, (3285 7/95,3334-s/97) 2. in a new manufactured home park or subdivision, (328s7/95,3334-s/97) 3. in an expansion to an existing manufactured home park or subdivision, or (3285-7/95,3334-6/97) 4. in an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred substantial damage as a result of a flood (3285-7/95,3334-6/97) shall be elevated on a permanent foundation so that the lowest floor is elevated one foot above the base flood elevation. (3285.7/95,3334-6/97) b: All.mariufactured homes to be placed or substantially improved in an existing' manufactured home park or subdivision shall be elevated to have the lowest floor one foot above the base flood elevation or the manufactured home chassis supported by reinforced piers or other foundation elements of equivalent strength that are a minimum of 3 feet above grade. Where a site upon which a manufactured home has incurred substantial damage as the result of a flood, subsection 5a shall apply. c. All manufactured homes shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. B. -FP3 Standards of Construction 1. Location of Buildines a. All new construction shall be located on the landward side of the reach of the mean high tide. (3285-7/95,3334-6/97) 2. Construction Methods: a. Elevation. All new construction and substantial improvement shall have the lowest floor free of obstructions or constructed with breakaway walls as defined in Section 222.06. Such enclosed space shall not be used for human D3 Huntington Beach Zoning and Subdivision Ordinance b Chapter 222 222-13 5/97 habitation but may be used for parking, building access or storage.(32s5-7/95, 3334-6/97) b. Structural Support. All new construction and substantial improvements shall be elevated on adequately anchored pilings or columns so that thebottom of. . the lowest.horizontal portion of the structural member of the lowest floor (excluding the pilings br columns) is elevated at or above the base flood level. The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse,and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall comply with standards adopted by the City. (3285-7/95,3334-6/97) 3. Certification. A California-registered engineer or architect shall certify to the satisfaction of the Director that the proposed structure complies with the requirements of this section. The Director shall obtain and maintain records of the elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor(excluding pilings or columns) of all new and substantially improved structures, and whether such structures contain a basement. (3285-7/95,3334-6/97) G. Standards for Recreational.Vehicles. All recreational vehicles placed on a`site within a flood hazard zone shall be fully licensed and ready for highway use, restricted to a maximum stay on site of 180 days unless the elevation and anchoring of the recreational vehicle complies with the Standards for Manufactured Homes. All recreational vehicles placed in coastal high hazard areas (V and VE zones) shall also comply with -FP3 standards for construction. (3285-7/95,3334-6/97) 222.16 Variances/Appeals A. General Provisions. The Planning Commission shall hear and decide requests for variances from the standards of this chapter as well as requests for appeals when it . is alleged there is an error iri_any requirement,decision, or determination made by the Director in the enforcement or administration of this chapter in accord with the procedures established in Chapter 241 and 248. 1. Variances may be issued for new construction and substantial improvements on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below base flood level,providing the standards listed in this chapter are considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variances increases. 2. Variances may be granted for new construction and substantial improvement .,__aI V O q and for other development necessary for the conduct of a functionally dependent Huntington Beach Zoning and Subdivision Ordinance Chapter 222 "' use provided that the provisions of Chapter 222 are satisfied and that the structure or other development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety or public nuisance. 3. Variances may be issued for the repair or rehabilitation of historic structures which are listed on a local or state inventory, determined by the Secretary of the Interior to be historic, or listed on the National Register of Historic Places provided the proposed repair or rehabilitation is necessary to preserve the historic character and design of the structure and allow the continued designation as an historic structure. 4. Any applicant to whom a variance is granted shall be provided written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk. A copy of the notice shall be recorded by the Director in the office of the Orange County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. B. Factors to be Considered. In reviewing applications, the Planning Commission shall consider all relevant factors, including technical evaluations,this.section, and other standards specified in this chapter. In reaching a decision on an appeal or variance; _ the Commission-shall consider the: (3285-7/95) 1. Danger that materials may be swept onto other lands to the injury of others; 2. Danger of life and property due to flooding or erosion damage; 3. Importance of the services provided to the community by the proposed facility; 4. Necessity of waterfront location for the facility, if applicable; 5. Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; 6. Compatibility of the proposed use with existing and anticipated developments; 7. Relationship of the proposed use to the General Plan, Local Coastal Program, and the floodplain management program for that area; 8. Safety of access to the property in time of flood for ordinary and emergency vehicles; a o� Huntington Beach Zoning and Subdivision Ordinance Chapter 222 222-15 5/97 e 9. Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and 10. Cost of providing government services during and after flood conditions, including maintenance and repair'of public utilities and facilities such as sewer; gas, electric and water services, and streets and bridges. C. Findings. When granting a variance, the Planning Commission shall make the following findings in addition to the findings contained in Chapter 241. 1. The project provides the minimum deviation to afford relief from the provisions of Chapter 222. 2. The proposed project will not result in increased flood heights, additional threats to public safety or extraordinary public expense; create a nuisance, cause fraud or victimization of the public, or conflict with existing local laws or ordinances. D. Authority to Impose Additional Conditions. In addition to the authority to impose conditions under Section 241.14, the Planning Commission may attach conditions to the granting of variances as deemed necessary. E.. Records. The Director shall maintain a record of all variance actions and findings to . justify their issuance, and report such variances.to FEMA and FIA upon.request: : (3285-7/95,3334-8l97) V\ 06 I Huntington Beach Zoning and Subdivision Ordinance Chnntor 999 a March 16,2004 LEGISLATIVE DRAFT Chapter 231 Off;Street Parking and Uading'Provisions (3334-6/97,3378-2/98,3494-5/01,3526-2102) Sections: 231.02 Basic Requirements for Off-Street Parking and Loading 231.04 Off-Street Parking and Loading Spaces Required 231.06 Joint Use Parking 231.08 Reduced Parking for Certain Uses 231.10 Parking In-Lieu Payments Within Downtown Specific Plan Area 231.12 Parking Spaces for the Handicapped 231.14 Parking Space Dimensions 231.16 Application of Dimensional Requirements 231.18 Design Standards 231.20 Compact Parking 231.22 Driveways; Visibility 231.24 Landscape Improvements 231.26 Parking Area Plan Required 231.28 Oceanside or On-Street Parking within the Coastal Zone 231.02 Basic Requirements for Off-Street Parking-and Loading A. When Required. At the time of initial occupancy of a site, construction of a structure, or major alteration or enlargement of a site or structure, off-street parking facilities and off-street loading facilities shall be provided in accord with this chapter and parking area landscaping shall be provided in accord with Chapter 232. For the purposes of these requirements, "major alteration or enlargement" shall mean a change of use, an expansion of greater than 50 percent of the existing space in a non-residential building or an addition of bedrooms or units in a residential building. A change in occupancy that does not involve a change in the use classification is not considered a change in use for purposes of this requirement unless the change in occupancy involves an intensification of use or an increase in parking demand. (3334-6/97) B. Nonconforming Parking;or Loading. No existing use of land or structure shall be deemed to be nonconforming solely because of the lack of off-street parking or loading facilities required by this chapter, provided that facilities.being used for off-street . parking and loading as of the date of adoption of this chapter shall not be reduced in number to less than that required by this chapter. Expansion of a use with nonconforming parking shall be subject to the following requirements: (3334-6/97) l. A multi-family residential use with nonconforming parking may be expanded by adding bedrooms or additional units provided that the expansion complies with current standards contained in this chapter; (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance 2/0 Chapter 231 231-1 r March 16,2004 2. A single-family residence with nonconforming parking may be expanded by adding bedrooms provided the dwelling complies with current standards contained in this chapter; and (3334-6i97) 3. A nonresidential use with nonconforming parking may be expanded less than 50 . percent of the existing square footage or intensified if additional parking is provided for the expansion or intensification. Expansions of 50 percent or more of the existing square footage require the site to be in total compliance with the current parking standards contained in this chapter. (3334-6/97) C. Spaces Required for Alteration or Enlargement. The number of parking spaces or loading spaces required for an alteration or enlargement of an existing use or structure, or for a change of occupancy, shall be in addition to the number of spaces existing prior to the alteration, enlargement, or change of occupancy unless the preexisting number is greater than the number prescribed in this chapter. In this case, the number of spaces in excess of the prescribed minimum shall be counted in determining the required number of parking or loading spaces. (3334-6197) D. Spaces Required for Multiple Uses. If more than one use is located on a site, the number of off-street parking spaces and loading spaces to be provided shall be equal to the sum of the requirements prescribed for each use. This requirement applies not only to multiple uses under separate ownership but also to multiple uses in the same ownership. If the gross floor area of individual uses on the same site is less than that for which a loading space would be required by Section 231.06A, but the aggregate gross floor area of all uses is greater than the minimum for which.loading spaces would be required, the aggregate gross floor area shall lie used.in determining the required number of loading spaces. (3334-6197) E. Location and Ownership. Parking facilities required by this chapter shall be on the same site as the use served, except that an adjacent lot may be used which is in the same person's possession as the structure or use. Such possession may be by deed or long- term lease, approved as to form by the City Attorney, and recorded in the Office of the County Recorder. A copy of the recorded document stipulating the reservation of the property for parking purposes shall be filed with the City prior to issuance of a building permit and/or certificate of occupancy, whichever occurs first. No use shall be continued if the parking is removed from the adjacent lot unless substitute parking is provided. Parking facilities provided by a parking district or parking authority are not subject to these locational requirements. (3334-6/97) 1. Parking in Yards in R Districts. The parking of motor vehicles, trailers, campers. . and boats shall be prohibited on all landscaped areas within the front one'-half of the lot except as provided below. (3334-6/97) (a) Oversized vehicles (see Definitions Chapter 203), campers, trailers and boats on trailers may be parked on the paved driveway area or on a paved area between the driveway and the nearest side property line provided that they do not project over any property line and that the area is kept free of trash, debris and parts. (3334-6/97) (b) Commercial oversized vehicles (see Definitions Chapter 203) or special purpose machines shall be prohibited in any yard area. (3334-6/97) 67 a Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-2 &97 e March 16,2004 2. Parking in Yards in C or I Districts. Required yards may be used for required parking, subject to the landscaping standards of Chapter 232. (3334-6/97) 3. Access. When a lot abuts an arterial highway and a local street, access to on-site parking shall be from the..local street. When a lot abuts an alley, then access to: parking shall.be provided from the alley unless the Planning Commission approves a different access. When a lot abuts two arterial highways or two local streets, access shall be subject to the approval of the Director of Public Works. (3334-6/97) 4. Non-residential Parking in R Districts. Non-residential parking serving adjacent commercial or industrial uses shall not be located in any R zoned property. (3334-6/97) F. Computation of Spaces Required. If, in the application of the requirements of this chapter, a fractional number is obtained,one additional parking space or loading space shall be required. (3334-6/97) G. Other Requirements. 1. Any off-street parking or loading facility which is permitted but not required shall comply with all provisions of this chapter governing location, design, improvement and operation. (3334-6/97) 2. Any motor vehicle incapable of movement by its own power and/or not licensed to. operate on'California streets shall be stored-either in an enclosed building or entirely screened from view. (3334-6197) 231.04 Off-Street Parking and Loading Spaces Required A. Non-residential uses shall provide one loading space (minimum fourteen [14] feet in width, twenty [20] feet in length, and fourteen [14] feet in height) for each 20,000 square feet, or fraction thereof, of gross floor area; however,a maximum of three (3) such spaces are required for buildings exceeding 60,000 square feet. No loading space is required for non-residential uses with less than 20,000 square feet of gross floor area. (3334-6/97) B. Off-street parking spaces shall be provided in accord with the following schedule. References to spaces per square foot are to be computed on the basis of gross floor area, unless otherwise specified. (3334-6/97) Where the use is undetermined, the approving body shall determine the probable use and the number of parking and loading spaces required. In order to make this determination, the Director may require the submission of survey data prepared by a state-registered traffic engineer for the applicant or collected at the applicant's expense. Parking spaces over and above the minimum number specified in this section may be required by the body responsible for reviewing the use itself based on the intensity of the use. (3334-6/97) .-�... XA Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-3 6/97 March 16,2004 C. The Director may allow a parking reduction for a change of use if the increase in the required parking is not more than five (5) spaces. The change of use request must be on a site with two or more uses,have minimum of 50 existing parking spaces and provide.an upgrade of existing landscaping.- This same reduction may be considered for uses.: complying with State Handicap Regulations as mandated by.State Law and applicable to parking requirements. (3526-2/02) (rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-4 2102 a � � a March 16,2004 OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (3334-6/97) Use Classification Spaces -'Residential Single-family.Dwellings New construction 0-4 bedrooms 2 enclosed and 2 open 5 or more bedrooms 3 enclosed per unit and 3 open per unit Existing Dwellings 0-4 bedrooms 2 enclosed and 2 open' 5 or more bedrooms 2 enclosed per unit and 3 open per unit' In the RMH-A district 2 enclosed spaces per unit with up to three bedrooms, and 1 space for each additional bedroom; 1 additional space per dwelling where no on-street parking is allowed Multi-family Dwellings Studio/one bedroom 1 enclosed space per unit 2 bedrooms 2 spaces (1 enclosed)per unit 3 or more bedrooms' 2.5 spaces (1 enclosed)per unit Guests 0.5 space per unit 'Open spaces"may be behind any required spaces and/or on a street adjacent to the property.- On-street parking may not be reserved for residents and/or guests but must be available to the general public on a first-come, first-serve basis. (rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-5 6/97 f March 16,2004 OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (continued)(3334-6/97) Use Classification Off-Street Parldng Spaces Senior Studio/one bedroom 1 covered space per unit Two bedrooms 1.5 spaces per unit(1 covered) Manufactured Homes 2 spaces per unit; one covered, and one may be behind the first Guest 1 per 3 manufactured homes Rooming House 1 space per guest room plus 1 space per owner/manager plus 1 space per each 10 guest rooms Residential Care, Limited 1 per 3 beds Public and Semi-public Clubs and Lodges 1 per 35 sq. ft. used for assembly purposes of 1 per 3 fixed seats (18 inches= one seat), whichever is greater Cultural Facilities 1 per 300 sq. ft. gross floor area "Day Care, General 1 per staff member plus one per classroom Government Offices 1 per 250 sq. ft. gross floor area Heliports As specified by use permit Hospitals 1 per 1.5 beds Maintenance and Service Facilities 1 per 500 sq. ft. Park and Recreation Facilities As specified by conditional use permit for private facilities Public Safety Facilities As specified by the conditional use permit :Religious Assembly 1 per 35 sq. ft. of public assembly area; or 1 per.3 fined seats (18 inches = 1 seat), whichever is greater. Residential Care, General 1 per 3 beds; plus additional spaces, as specified by conditional use permit Schools, Public or Private Preschools, nursery day care 1 per staff member, plus one per classroom Elementary,junior high 1.5 per classroom High school/college 7 per classroom Huntington Beach Zoning and subdivision Ordinance Chapter 231 231-6 61 1 March 16,2004 OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (continued)(3334-6/97) Use Classification Off-Street Parldng Spaces Schools; Public.or Private-cont: Trade schools,music 1"per 35 sq. ft:of instruction area . conservatories Utilities, Major As specified by conditional use permit Commercial Ambulance Services 1 per 500 sq. ft.;plus 2 storage spaces Animal Sales and Services Animal boarding 1 per 200 sq. ft. Animal grooming 1 per 200 sq. ft. Animal hospitals 1 per 200 sq. ft. Animal, retail sales 1 per 200 sq. ft. Artists' Studios 1 per 1,000 sq. ft. Banks and Savings& Loans 1 per 200 sq. ft. Drive-Up Service Queue space for 5 cars per teller Building Materials and Services 1 per.1,000 sq..ft. of lot area; minimum 10 plus:;_. 1/300 sq. ft. office area Catering Services 1 per 400 sq. ft. Commercial Recreation and Entertainment Bowling Alleys 3 per lane,plus 1 per 250 sq. ft. of public assembly and retail areas Electronic Game Centers 1 per 200 sq. ft. Health Clubs 1 per 200 sq. ft. except that area designated for group istruction shall be parked at a ratio ofn 1 per 100 sq. ft. Stables 1 per 3 corrals plus 1 horse trailer space for each. 10 corrals plus 2 for caretaker's unit Tennis/Racquetball 3 per court Theaters 1 per 3 fixed seats, or 1 per 35 sq. ft. seating area if there are no fixed seats Other Commercial As specified by the Zoning Administrator or Recreation and Entertainment Planning Commission Communications Facilities 1 per 500 sq. ft. Eating and Drinking Establishments with less than 12 seats 1 per 200 sq. ft. with more than 12 seats 1 per 60 sq. ft. or 1 per 100 sq. ft. when on a site with 3 or more uses Huntington Beach Zoning and Subdivision Ordinance Chapter231 ��3 231-7 6/97 March 16,2004 OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (continued)(3334-6/97) Use Classification Off-Street Parldng Spaces Eating and Drinking Establishments- . cont with dancing Plus 1 per 50 sq. ft. of dancing area with drive through service Plus queue space for 5 cars per service window Food and Beverage Sales 1 per 200 sq. ft. Furniture and Appliance Stores 1 per 500 sq. ft. excluding areas used for storage or loading, but not less than 5 Funeral and Interment Services 1 per 35 sq. ft. of seating space Hardware Stores 1 per 200 sq. ft. excluding areas used for storage or loading, but not less than 5 Horticulture, Limited 1 per 2 acres Laboratories 1 per 500 sq. ft. Maintenance and Repair Services 1 per 500 sq. ft. Marine Sales and Services 1 per 500 sq. ft. Nurseries 1 per,1,000 sq. ft. of indoor/outdoor sales and/or. display lot area accessible for public viewing,but no less than 10; plus 1 per 300 sq. ft. office area Offices, Business and Professional 1 per 250 sq. ft. for less than 250,000 sq. ft.;'l per 300 sq. ft. for 250,000 sq. ft. or more Offices, Medical and Dental 1 per 175 sq. ft. (includes out-patient medical/surgery centers) Pawn Shops 1 per 200 sq. ft. Personal Enrichment Services 1 per 35 sqq ft. of instruction area; or Maximum 1 per 200 sq. ft. provided the number of students per classroom does not exceed required number of parking spaces, plus instruction area does not exceed 75 percent of floor area. Personal Services. 1 per 200 sq. ft. Research and Development Services 1 per 500 sq. ft. Retail Sales Not Listed Under Another 1 per 200 sq. ft. Use Classification Sex Oriented Business (3378-2/98) Cabaret with less than 12 seats, 1 per 200 sq. ft.; with 12 seats or more, 1 per 60 sq. ft. or 1 per 100 sq. ft. if on a site with three or more uses (3378-2/98) Huntington Beach Zoning and Subdivision Ordinance a r/ Chapter 231 231 8 (� `t 2/98 f March 16,2004 OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (continued)(3334-6/97) Use.Classification. Off-Street Parking Spaces Sex Oriented Business(cont.) Encounter center 1 per 35 sq. ft. of instruction area (3378-2/98) Escort bureau 1 per 250 sq. ft. (3378-2/98) Hotel/Motel 1.1 per guest room;plus 1 per passenger transport vehicle (minimum of 2 stalls) and 2 spaces for any manager's unit and parking for other uses as required by this schedule (3378-2/98) Mini-motion picture theater, 1 per 3 fixed seats, or 1 per 35 sq. ft. seating area motion picture theater or if there are no fixed seats (3378-2/98) motion picture arcade Retail sales 1 per 200 sq. ft. (3378- 2/98) Swap Meets, Indoor/Flea Markets 1/100 sq. ft. except as may be modified by the Planning Commission through the conditional use permit process, after submittal,review and approval of a traffic engineering study Vehicle/Equipment Sales and Services Automobile Rentals,,'. 1.per 1,000 sq. ft. of indoor/outdoor sales and/or_ display lot area accessible for public viewing, but no less than 10; plus 1/300 sq. ft. office area; 1/200 sq. ft. auto service area Automobile Washing (Car Wash) Full-service (attended) 10 With fuel sales 12 Self-service (unattended) 1.5 per wash stall Service Stations full-serve/repair garage 1 per 500 sq. ft. but no less than 5 self-serve 2 with convenience markets 1 per 200 sq. ft. of retail space but no less than 8. with self-serve car wash 4 with self serve car.wash 1.0 and convenience market . Vehicle/Equipment Repair 1 per 200 sq. ft. but no less than 5 Vehicle/Equipment Sales 1 per 1,000 sq. ft. of indoor/outdoor sales and/or and Rentals display lot area accessible for public viewing, but no less than 10; plus 1 per 300 sq. ft. office area; 1 per 200 sq. ft. auto service area Vehicle Storage 1 per 5,000 sq. ft. lot area; no less than 5 Visitor Accommodations: Bed and Breakfast 1 per guest room plus 1 guest and 1 a� 5— manager/owner space — D� I Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-9 2/98 March 16,2004 OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (continued) (3334-6/97) Use Classification Off-Street Parldng Spaces Visitor Accommodations(cont.). Hotels, Motels 1.1 per guest room; plus 1 per passenger transport vehicle (minimum of 2 stalls) and 2 spaces for any manager's unit and parking for other uses as required by this schedule Single Room Occupancy, 1.0 per unit, 10% shall be designated as visitor Residential Hotels parking; 1 per passenger transport vehicle (minimum of 1 stall) one loading space, and 2 spaces for any manager's unit,plus 0.5 per all remaining personnel (3494-5/01) Warehouse and Sales Outlets 1 per 200 sq. ft. Industrial Speculative buildings 1 per 500 sq. ft. (maximum 10% office area) Manufacturing; research assembly, 1 per 500.sq. ft. packaging.. . Wholesaling, warehousing and 1 per 1,000 sq. ft. distributing space Offices 1 per 250 sq. ft. if office area exceeds 10 percent of gross floor area Outside uses: Storage,wrecking/ 1 per 5,000 square feet of lot area, but no less salvage and lumber yards than 5 Mini-storage facilities Single-story 1 per 5,000 square feet Each additional story 1 per 2,000 square feet plus 2 spaces for any caretaker's unit 231.06 Joint Use Parldng . In the event that two (2) or more uses occupy the same building, lot or parcel of land, the total requirement for off-street parking shall be the sum of each individual use computed separately except as provided in this section. (3334-6/97) The Planning Commission or Zoning Administrator may grant a reduction in the total number of required spaces as part of the entitlement for the use or uses, or by conditional use permit when no other entitlement is required, when the applicant can demonstrate that the various uses have divergent needs in terms of daytime versus nighttime hours or weekday versus «weekend hours. Such joint use approvals shall be subject to the following: (3334-6/97)Huntington Beach Zoning and Subdivision Ordinance P � a _� / Chapter 231 231-10 �. III/// 5/01 1 March 16,2004 I. The maximum distance between the building or use and the nearest point of the parking spaces or parking facility shall be 250 feet; and (3334-6,97) 2. There shall be no conflict in the operating hours based on parking space_ requirements for the different uses on the parcel; and (3334-6/97) 3. Evidence of an agreement for such joint use shall be provided by proper legal instrument, approved as to form by the City Attorney. The instrument shall be recorded in the Office of the County Recorder and shall be filed with the City prior to issuance of building permit and/or certificate of occupancy, whichever occurs first. (3334-6/97) 231.08 Reduced Parking for Certain Uses A. The D'.,,,ning,G,.,,,missio Zoning Administrator may approve a conditional use permit to reduce the number of parking spaces to less than the number required per Schedule "A" in Section 231.04, provided that the following findings are made: (3334- 6'97,3526-2/02) 1. The parking demand will be less than the requirement in Schedule A; and (3334- 6/97,3526-2/02) 2. The proposed use of the building or structure, will not generate additional parking 'demand; and (3334-6/97,3526-2/02) 3. A Transportation Demand Management plan which exceeds the minimum required by Section 230.36 has been approved by the Director. (3334-6/97) B. The Planning Commission Zoning Administrator may consider survey data prepared by a state-registered traffic engineer and submitted by an applicant or collected at the applicant's request and expense as a basis for approval of a reduction in required parking. (3334-6/97,3526-2/02) 231.10 Parking In-Lieu Payments Within Downtown Specific Plan Area Parking requirements for private property uses within the Downtown Specific Plan Area may be met by payment of an "in-lieu" fee for providing parking in a parking facility subject to . conditional use permit approval by the Planning Commission. Said fee may be paid"in multiple installments. The first installment in an amount established by City Council Resolution for each parking space shall be paid prior to the issuance of building permits or of a certificate of occupancy, whichever comes first. Any successive installments shall be paid and secured by a mechanism established in the conditions of approval. (3334-6/97) 231.12 Parking Spaces for the Handicapped New and existing parking facilities shall comply with the State Handicapped Regulations as mandated in State law. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-11 2/02 March 16,2004 231.14 Parking Space Dimensions (3334-6/97) Required parking spaces shall have the following minimum dimensions in feet. Striping requirements are depicted in Diagram A. Directional signs and/or pavement markings shall be provided in any facility in which one-way traffic is established. (3334-6/97) Angle of Stall . Stall Aisle Width.' Parking Width Depth 1-way 2-way 00 9 19 (with 8 ft. Striped 12 20 (Parallel) maneuvering area between every 2 spaces) 300 9 19 14 20 450 9 19 15 20 600 9 19 20 20 900 9 19 26 26 Residential 9 19 25 25 Compact 8 17 subject to Section 231.20 'Minimum 24 feet when determined by Fire Department to be a fire lane. (rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-12 6/97 March 16,2004 • 300 ,450 & 60 O Parking O=�/* .9A7 i 78 A ' e i 900 Parking 24 In. Exterior Dimension LL on 19 Ft. � 18 In. Interior Dimension Parallel Parking \ 9 ft. \ 8ft. 19ft. 19ft. 8ft n. G:1DN9ORAW1231 STRP.BM Y STRIPING REQUIREMENTS �- DIAGRAM A Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-13 6/97 March 16,2004 231.16 Application of Dimensional Requirements A. Relation to Walls and Posts/Columns. A parking space on a site with more than five (5) parking spaces and which is adjacent to a wall over twelve (12) inches in height shall be, increased in width by three (3) feet. Post/columns may be permitted along.the side of, each space only within three (3) feet of the head and foot of each stall_ (3334-6197) B. Vertical Clearance. Vertical clearance for parking spaces shall be 7 feet, except that an entrance may be 6.67 feet. When handicapped parking is provided, vertical clearance shall comply with California Code of Regulations(Title 24, Part 2, Chapter 2-71). (3334-6/97) For residential uses, non-structural improvements including wall-mounted shelves, storage surface racks, or cabinets may encroach into the vertical clearance, provided a minimum 4.5 feet vertical clearance is maintained above the finished floor of the garage within the front 5 feet of a parking space. (3334-6/97) C. Wheel Stops. All spaces shall have wheel stops 2.5 feet from a fence, wall, building or walkway. (3334-6197) D. Parking Space Dimension Reduction. When a parking space abuts a landscape planter, the front 2 feet of the required 19 foot length for a parking space may overhang the planter as provided in Chapter 232. (3334-6/97) 231.18 Design Standards A. , Public Works Requirements. Drive entrances on arterial highways shall be located in a manner to coordinate with future median openings and in accord with Department of Public Works standards. The paved surface of driveways and drive entrances shall comply with Department of Public Works specifications. Parking facilities shall be prepared, graded, and paved to ensure that all surface waters will drain into a public street, alley, storm drain, or other drainage system approved by the Department of Public Works. Aisle ways without adjacent parking shall be a minimum 24 feet in width. (3334-6/97) B. Circulation Design. All off-street parking spaces shall have access to a public street or alley, and shall have internal circulation,safe entrances and exits, drives, and aisles in conformance with City standards. Every required parking space shall have unobstructed access from an aisle without moving another vehicle. All parking spaces, except residential garages and carports for single-family dwellings and duplexes, shall have forward travel to and from parking facilities when access is to a dedicated street. Traffic circulation shall be designed so that no vehicle need enter a public_street in order to progress from one aisle to any other aisle within the same development. (3334-6/97) Commercial centers which have 200 parking spaces or more shall have at least one main entrance designed as depicted in Diagram B. (3334-6/97) (rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-14 6/97 March 16,2004 I I I I I I 100, I 4ft. I I 24ft 24ft. 4ft. G:i0N ,arMM COMMERCIAL CENTER MAIN ENTRANCE FOR PARKING LOTS WITH OVER 200 SPACES DIAGRAM B A minimum 3-foot=by-3-foot-wide maneuvering:area shall.be provided at the end of - dead-end parking aisles less than i 50 feet in length. A vehicle turnaround-space shall be provided at the end of all dead-end parking aisles which exceed I M feet in length (measured from the closest intersecting aisle with complete circulation). The maneuvering area and turnaround space shall be designed as depicted in Diagram C. Other turnaround arrangements providing the same maneuverability are subject to approval by the Director. 2 ft. Wheel Maneuvering 19 R I�, stop ( area 9 B. 26 ft. t \ 3 ft, 3 ft �12"Step off area GAD1V9DMWM1•RNDBNP TURN-AROUND SPACE AND MANEUVERING AREA DIAGRAM C Huntington Beach Zoning and Subdivision Ordinance Chapter231 q t 231-15 6/97 �- � 1 March 16,2004 C. Illumination. All parking area lighting shall be energy-efficient and designed so as not to produce glare on adjacent residential properties. Security lighting shall be provided in areas accessible to the public during nighttime hours, and such lighting shall be on a time-clock or photo-sensor system. (3334-6/97) D.- Residential parking. (3334-6/97) 1. Garages and Carports. All required garages and carports, permitted as accessory structures, shall be constructed at the same time as the main building and shall be used only by persons residing on the premises for storage of personal vehicles and other personal property. (3334-6/97) 2. Assignment of Spaces. Each studio and one bedroom dwelling unit shall have a minimum of one assigned parking space and each two or more bedroom units shall have a minimum of two assigned parking spaces. Each dwelling unit shall have an enclosed, assigned space which shall be within 200 feet walking distance of that unit and designated as such. The assigned spaces shall be provided with the rental of a dwelling unit without any additional cost. All unassigned spaces provided on site shall be open and only used for the parking of vehicles by persons residing on the property or their guests. (3334-6/97) 3. Turning Radius. The minimum turning radius for any garage, carport or open parking space,entered directly from an alley or driveway, shall be 25 feet. (See Diagram D) (3334-6/91) STREET LT:J7GA GE ----- -- ---—-—-—Ati-tE•Y- 251 DRIV WAY STREET STREET G:WrA0RAW1231-TURN.BMP TURNING RADIUS DIAGRAM D Huntington Beach Zoning and Subdivision Ordinance r Chapter 231 231-16 6/97 March 16,2004 ' 4. Driveway Width. (3334-6/97) Length of Drive Minimum Driveway Width 150 feet or less 10 ft. for single family dwellings 20 ftJor,multi-family dwellings Greater than 150 feet 20 feet clear width Exception: when designated as fire lane, all Fire Department requirements shall apply. 5. Guest Parking. All guest parking shall be fully accessible. (3334-6/97) 6. Coastal Zone. Each dwelling unit located in the Coastal Zone shall have a minimum of 2 on-site parking spaces. If the total coastal parking requirements exceed the total minimum parking as required by this chapter, the additional required parking spaces may be in tandem with enclosed spaces, provided the tandem space is assigned to an enclosed space and complies with the required turning radius. (3334-6/97) 7. Planned Residential Developments. In a planned residential development where a garage is constructed a minimum of 20 feet from the curb, the driveway in front of the garage may be used to provide one of the required uncovered spaces. (3334-6/97) 8. Privacy gates.maybe installed without a conditional use permit provided..there is compliance with the following criteria prior to the.issuance of building permits: (3526-2102) 1) Fire Department approval for location and emergency entry. (3526-2102) 2) Postmaster approval of location for mail boxes or entry for postal carrier. (3526-2/02) 3) Shall provide a driveway withi*a minimum of twenty(20) feet for vehicle stacking. (3526-2/02) 9. Driveway Air Space. The air space above all driveways which exceed 150 feet in length shall remain open to the sky, except that eaves or roof overhangs with a maximum 4-foot projection may be permitted above a height of 14 feet. (3334-6/97, 3526-2/02) 10. Storage Space.. 100 cubic feet of enclosed storage space for each unit shall be provided ill a secured parking area where there is no private garage. (3334-6/97,3526- 2/02) 11. Accessory Dwelling. One additional off-street parking space shall be required for an accessory dwelling, except that in the coastal zone there shall be a minimum of four(4)parking spaces on-site.(3334-6/97,3526-2/02) E. Non-residential Parking and Loading. (3334-6/97) 1. Designated Parking. Parking spaces within an integrated, non-residential complex shall not be designated for exclusive use of any individual tenant except as lq3authorized by a parking management plan approved by the Director. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-17 2/02 March 16,2004 2. Parking Controls. Parking controls, such as valet service, or booths, and/or collection of fees may be permitted when authorized by conditional use permit approval by the Planning Gem mission Zoning Administrator. Privacy gates may be installed without a conditional use permit provided there is compliance with the following criteria prior to the issuance. of building permits: (3334-6/.97,3526-. ' 2/02) 41)Fire Department approval for location and emergency entry. (3526-2/02) 62)Postmaster approval of location for mail boxes or entry for postal carrier. (3526- 2102) 63)Shall provide a driveway with a minimum of twenty(20) feet for vehicle stacking. (3526-2/02) 3. Minimum Driveway Width. 25 feet when providing access to the rear of a structure. (3334-6/97) 4. Reciprocal Access. Reciprocal ingress/egress access with adjacent properties shall be provided for all commercial properties. (3334-6197) 5. Loading Location. On a site adjoining an alley, a required loading space shall be accessible from the alley unless alternative access is approved by the Director. An occupied loading space shall not prevent access to a required parking space. Truck or rail loading, dock facilities, and doors for such facilities shall not face or be located within 45. feet of property zoned or general planned residential. (3334- 6/97)' 6. Loading Desi . .. Any loading facility shall be desia ed and located so that vehicles need not extend onto the public sidewalks, streets or alleys during loading activities. (3334-6/97) 7. Landscape Buffer. Where the side or rear yard of a parcel is used for loading activities and abuts an R District, a landscaped buffer along the property line shall be provided. (3334-6/97) F. Seasonal and Temporary Parking Lots. Seasonal and temporary parking lots may be allowed upon approval of a conditional use permit by the Zoning Administrator. Seasonal lots may operate only from Memorial Day through the third weekend in September and shall be located within 1,000 yards of the mean high tide line of the Pacific Ocean. Temporary and seasonal commercial.parking lots may be permitted for a maximum of five years. The design and layout of seasonal and temporary parking lots., shall comply with this chapter, Fire Department requirements, and the following standards: (3334-6/97) 1. Paving shall be 2 inches of asphalt over compacted native soil, or as approved by the Department; except seasonal parking lots shall be surfaced to meet minimum specifications for support of vehicles and to provide dust control as required by the Zoning Administrator. (3334-6/97) '�-- a a N Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-18 2/02 a March 16,2004 2. Boundaries of such lots shall be marked off and secured by chain or cable, with posts a minimum of 3 feet in height, solidly built. At a minimum, posts shall consist of 4" x 4" wood or equivalent metal posts a minimum of 1-1/2 inches in diameter securely set in the ground and placed 8 feet on center. The posts shall be connected with at least 1 strand of 1/2-inch cable or chain securely fastened to each post. An opening shall be provided to accommodate vehicle access during business hours. Seasonal lots shall be secured to prevent overnight parking between the closing hour on one business day and the opening hour the following business day. (3334-6197) 3. Temporary parking lots shall have landscaped planters with an inside dimension of 3 feet along street-side property lines excluding driveways. Landscaping shall be protected from vehicle and pedestrian damage by wheel bumpers (asphalt, concrete, or wood), or asphalt or concrete curbs, or any other design that will provide adequate protection. (3334-6/97) 4. Seasonal parking lots are exempt from landscaping requirements of Chapter 232. (3334-6/97) 5. Directional and informational signs shall be displayed on-site to identify the entrance(s), fees,and hours of operation. Such signs shall be located at the entrance of the parking lot and shall not exceed 12 square feet and shall be 6 feet high. Signs for seasonal parking lots shall be removed from the site each season no later than the third weekend in September. (3334-6197) 6: Automatic entry devices or fee collection points.shall be set back a minimum of 20 feet from the public right-of-way, or at a distance recommended by the Department of Public Works and approved by the Director. (3334-6/97) - _ - 7. An attendant shall be on duty at all times during business hours of seasonal parking lots. (3334-6/97) 8. An approved fire extinguisher shall be provided on the premises during business hours. (3334-6/97) 9. The site shall be maintained in a clean condition, free from trash and debris. Trash containers shall be placed on the site to accommodate and store all trash that accumulates on the lot. (3334-6/97) For seasonal parking lots,.a certificate of insurance for combined single limit bodily injury and/or property damage including products liability in the amount of$1,000,000... per occurrence shall be filed with the Department of Administrative Services. A_hold harmless agreement holding the City harmless shall also be filed with the Department of Administrative Services. (3334-6/97) Subsequent to approval of an application for any seasonal or temporary parking lot, the applicant shall meet all standards and requirements and install all improvements. The parking lot shall then be inspected and approved by the Director prior to issuance of a Certificate to Operate. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 0 , a )�I/Y 231-19 6/97 March 16,2004 G. Parking Structures. Parking structures above or below grade shall be subject to conditional use permit approval by the Planning Commission when no other entitlement is required. In addition, parking structures proposed within the coastal zone shall be subject to approval of a coastal development permit. All parking structures shall comply with the following requirements:(3334-6/97) I. Transition ramps which are also used as back-up space for parking stalls shall . have a maximum slope of 5 percent. The maximum slope for transition ramps with no adjacent parking spaces shall be 10 percent. A ramp used for ingress and egress to a public street shall have a transition section at least 16 feet long and a maximum slope of 5 percent. (3334-6/97) 2. Parking structures with over 300 spaces shall provide secondary circulation ramps and additional ingress and egress if deemed necessary by a traffic study prepared by a state-registered traffic engineer. (3334-6/97) 3. Parking structures shall be provided with a minimum 10-foot-wide perimeter landscape planter at ground level. Parked cars shall be screened on each level through landscape planters or trellises and/or decorative screening wall or railings. The Design Review Board shall approve the landscaping plan. (3334-6/97) 4. All parking structures shall be architecturally compatible with existing or proposed structures and shall be subject to review and approval by the Design Review Board prior to hearing. The Design Review Board shall consider the following factors in reviewing a proposal: bulk, scale, proportion, building materials, colors, signage, architectural features, and landscaping. (3334-6/97) 5. All parking structures proposed for conversion to a fee parking arrangement shall be subject to conditional use permit approval by the Planning Commission. Public parking structures within the coastal zone proposed for conversion to a fee parking arrangement shall be subject to approval of a coastal development permit. (3334-6/97) 231.20 Compact Parking (3334-6/97) The Planning Commission, G:l.Counei;�-Zoning Administrator or Director whieheve.F ;S +Ro Feview be4y, may allow use of compact parking to satisfy a portion of the required parking upon finding that compact parking will result in a more effective and efficient circulation pattern and parking layout and enhance the general appearance of the development and its surroundings. Compact spaces shall be distributed throughout the parking area and have the same aisle width as full-size spaces.. Compact spaces shall be marked "COMPACT" on the foot of the stall.. The number permitted shall be subject to the following standards: (3334-6197) A. Non-residential developments with a minimum of 20 spaces shall be permitted to have 20 percent of the total spaces as compact parking. (3334-6197) B. Residential developments with a minimum of 50 units may have 20 percent of the non- guest parking spaces as compact provided that an equitable system of assignment and distribution has been established. (3334-6/97) i Huntington Beach Zoning and Subdivision Ordinance � qb Chapter 231 231-20 6/97 a March 16,2004 231.22 Driveways; Visibility Visibility of a driveway crossing a street or alley property line or of intersecting driveways shall be consistent with the requirements of Section 230.88. (3334-6/97) 231.24 Landscape Improvements Landscape, planting and irrigation plans shall be prepared consistent with the requirements of Chapter 232. (3334-6/97) 231.26 Parking Area Plan Required Prior to the construction, reconstruction, or restriping of an off-street parking area, a parking area plan shall be submitted to the Director for the purpose of indicating compliance with the provisions of this section. This plan shall include: (3334-6/97) A. Location and description of fencing and architectural screen walls. (3334-6/97) B. Location and placement of parking stalls, including bumpers, striping and circulation, all dimensioned to permit comparison with approved parking standards. (3334-6/97) C. Location and placement of lights provided to illuminate the parking area. (3. 33*4-6/97) D. A drainage plan showing drainage to a public way in accordance with accepted standards.,.. Or practices. (3334-6/97) ' E. A landscape,planting and irrigation plan prepared consistent with the requirements of Chapter 232. (3334-6/97) F. Existing off-street parking areas that were approved at a reduced dimension (e.g. width, length, aisle width) may be reconstructed and re- striped or only re-striped at their previous reduced dimension. G. When re-striping, parking stalls shall be as depicted in Section 231.14, Diagram A. H. If a.parking area is proposed to only be re-striped; no landscape, drainage, or lighting plan is required. Single-family dwellings on pre-existing lots are exempt from this requirement. (3334-6/97) 231.28 Oceanside or On-Street Parking within the Coastal Zone If any existing oceanside or on-street parking within the coastal zone is removed, it shall be replaced on a one for one basis in an area that would not result in the loss of any sandy beach area and within walking distance of the existing site. Replacement parking shall be assured prior to the issuance of the coastal development permit and shall be provided before any existing parking is removed so that there will be no reduction in the number of parking spaces available.(3334-6/97) Huntington Beach 0Zoning and Subdivision Ord' ance Chapter 231 231-21 6/97 e LEGISLATIVE DRAFT Chapter 230 SiteStandards � (3249-6/95,3301-11/95,3334-6/97,3410-3/99,3455-5100,3482-12100,3494-5/01,3525-2/02,3568-9/02,EMG 3594-11/02,EMG 3596-12/02) Sections: 230.02 Applicability Residential Districts 230.04 Front and Street Side Yards in Developed Areas 230.06 Religious Assembly Yard Requirements 230.08 Accessory Structures 230.10 Accessory Dwelling Units 230.12 Home Occupation in R Districts 230.14 Affordable Housing-Incentives/Density Bonus 230.16 Manufactured Homes 230.18 Subdivision Sales Offices and Model Homes 230.20 Payment of Park Fee 230.22 Residential Infill Lot Developments 230.24 Small Lot Development Standards (3455-5/0o) 230.26 (Reserved) 230.28 (Reserved) 230.30 (Reserved) Non-Residential Districts 230.32 Service Stations 230.34 Housing of Goods 230.36 Transportation Demand Management 230.38 Game Centers 230.40 Helicopter Takeoff and Landing Areas 230.42 Bed and Breakfast Inns 230.44 Recycling Operations 230.46 Single Room Occupancy 230.48 Equestrian Centers 230.50 Indoor Swap Meets/Flea Markets 230.52 (Reserved). .230.54 (Reserved) 230.56 (Reserved) 230.58 (Reserved) 230.60 (Reserved) All Districts 230.62 Building Site Required 230.64 Development on Substandard Lots 230.66 Development on Lots Divided by District Boundaries 230.68 Building Projections into Yards and Courts Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-1 12/02 230.70 Measurement of Height 230.72 Exceptions to Height Limits 230.74 Outdoor Facilities 230.76 Screening of Mechanical Equipment 230.78 Refuse Storage Areas . .230:80 Antennae 230.82 Performance Standards for All Uses 230.84 Dedication and Improvements 230.86 Seasonal Sales 230.88 Fencing and Yards 230.90 Contractor Storage Yards/Mulching Operations 230.92 Landfill Disposal Sites 230.94 Carts and Kiosks 230.96 Wireless Communication Facilities 230.02 Applicability This chapter contains supplemental land use and development standards, other than parking and loading, landscaping and sign provisions, that are applicable to sites in all or several districts. These standards shall be applied as specified in Title 21: Base Districts,Title 22: Overlay Districts,and as presented in this chapter. Residential Districts 230.04 Front and Street Side Yards in;Developed Areas _ Where lots comprising 60 percent of the frontage on a blockface in an R district are improved with buildings that do not conform to the front yard requirements, the Planning Commission may adopt by resolution a formula or procedure to modify the front and street side yard setback requirements. The Planning Commission also may modify the required yard depths where lot dimensions and topography justify deviations. Blocks with such special setback requirements shall be delineated on the zoning map. Within the coastal zone any such setback modifications adopted by the Planning Commission shall be consistent with the Local Coastal Program. (3334- 6/97) 230.06 Religious Assembly Yard Requirements i Yards, height and bulk, and buffering.requirements shall be as specified by a conditional use. permit,provided that the minimum interior side yard and rear yard shall each be 20 feet. Yards adjoining street property lines shall not be less than required for a permitted use. .230.08 Accessory Structures For ]purposes of applying these provisions, accessory structures are inclusive of minor accessory structures, except where separate provisions are provided in this section. A. Timiniz. Accessory structures shall not be established or constructed prior to the start of construction of a principal structure on a site, except that construction trailers may be placed on a site at the time site clearance and grading begins and may remain on the site only for the duration of construction. Huntington Beach Zoning and Subdivision Ordinan e Chapter 230 �� 230-2 9/02 e B. Location-. Except as provided in this section, accessory structures shall not occupy a required front, side or street side yard or court, or project beyond the front building line of the principal structure on a site. An accessory structure shall be setback 5 feet from the rear property line except no setback is required for accessory structures, excluding garages and carports, which abut an alley. Tile stfuet•ros shall be p :mite a A-a site Minor accessory structures may be located in required side and rear yard setbacks provided that.the structure is located in the rear two-thirds of.the. lot and a minimum five foot clearance is in between said structure and dwelling if it is located in the required side yard. Minor accessory structures that are decorative such as landscape garden walls, fire pits, freestanding barbecues/fireplaces, sculptures, and fountains may be located anywhere on the property provided: 1.They do not exceed 6-feet in height or exceed 42-inches in height when located within the front yard setback and; 2.A minimum 5-foot clearance is maintained between said structure and the dwelling if it is located in a required side yard; and 3. Rock formations shall be setback-foot from the side and/or rear ro erty lines for each foot of rock formation height, maximum 5- oofsetback required. L• Swimming Pools and Slides. 1. Pool heater vent shall be located in compliance with the Uniform Swimming Pool, Spa and Hot Tub Code and; 2. Swimming pool slides that are five feet or greater in height shall be setback a minimum of five feet from the side and rear property lines. Mechanical Equipment, May be located in required side and rear yard set ac s in conformance with Section 230.68. Mechanical equipment shall be located to minimize noise impacts on contiguous properties as required D a by Section 230.22. 300 C . Maximum Height. 15 feet, except a detached garage for a single family dwelling may exceed the maximum height when it is designed to be architecturally compatible with the main dwelling and does not include habitable floor area. D. Maximum Size in RL District. In an RL district, the total gross floor area of accessory structures more than 4 feet in height that are not attached to a dwelling shall not exceed 600 square feet or 10 percent of lot area, whichever is more. E Patio Covers. A patio cover open on at least 2 sides and complying with all other provisions of this subsection may be attached to a principal structure provided a 5-foot clearance to all property lines is maintained. F Decks. A deck 30 inches or less in height may be located in a required yard. G Separation. The distance between buildings on the same lot shall not be less than 10 feet. 230.10 Accessory Dwelling Units A. Permit Required. Accessory dwellings may be permitted in all R districts on lots with a single family dwellingsubject to a eanditienal se reFmit iss e.� by the Zoning damn stFatef Director approva . Requests 4 shall be submitted to the Director accompanied by the required Neighborhood Notification€ee;plans and elevations showing the.proposed accessory dwelling and its relation to the principal dwelling, descriptions of building materials, landscaping and exterior finishes to be used and parking to be provided, and any other information required by the Director to determine whether the proposed unit conforms to all requirements of this code. The Director Ze41ing - - A dfai istf,,l,,..shall approve a eenditional use ..eFmit an accessory dwelling unit-after-a upon finding that the following conditions have been met: 1. The dwelling conforms to the design and development standards for accessory dwelling units established in Subsection (BQ of t#is sSection 230.10 and Section 230.22 A., of the HBZSO; 2. The accessory unit maintains the scale of adjoining residences and is compatible with the design of existing dwellings in the vicinity in terms of building materials, colors and exterior fmishes; 3. The main dwelling or the.accessory dwelling will be is owner-occupied; and 4. Public and utility services including emergency access are adequate to serve both dwellings. B. Design and Development Standards. 1. Minimum Lot Size. 6,000 square feet. 2. Maximum Unit Size. The maximum square footage of the accessory dwelling unit shall not exceed 650 square feet and shall not contain more than one bedroom. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-3 5/00 -7— D a 3. Required Setbacks. Accessory dwelling units shall comply with minimum setbacks of Chapter 210. 4. Height and BuildingLCoverage. The basic requirements of Chapter 210 shall apply unless modified by an overlay district. 5. Parking. All parking spaces shall complywith Section 23.1.18D. (3334-6i97) 6. Design. The accessory unit shall be attached to the main dwelling unit in such a manner as to create an architecturally unified whole, not resulting in any change to the visible character of the street. The entrance to the accessory unit shall not be visible from the street in front of the main dwelling unit. Building materials, colors and exterior finishes should be substantially the same as those on the existing dwelling. C Ownership. The second unit shall not be sold separately from the main dwelling unit. D. Covenant ^ -&Recorded. A covenant with the ownership requirements shall be filed for recordation with the County Recorder within 30 days of Plan ning�b epartment Plan Check approval and prior to issuance of building permits. Evidence of such filing shall be submitted to the Director within 30 days of approval. E. Parkland Dedication In-lieu Fee. A parkland dedication in-lieu fee shall be assessed at,1-5 per-eent^f*he fee ^r ,,,o -.; ily-Fesidenee as set by resolution of the City Council pursuant to Section 230.20 and paid prior to issuance of the building permit. 230.12 Home Occupation W R Districts A. Permit Required. A home occupation in an R district shall require a Home Occupation Permit, obtained by filing a completed application form with the Director. The Director shall approve the permit upon determining that the proposed home occupation complies with the requirements of this section. B. Contents of Application. An application for a Home Occupation Permit shall contain: 1. The name, street address, and telephone number of the applicant; 2. A complete description of the proposed home occupation, including number and occupation of persons employed or persons retained as independent contractors, amount of floor space occupied,provisions for storage of materials, and number and type of vehicles used. C. Required Conditions. Home occupations shall comply with the following conditions: 1. A home occupation shall be conducted entirely within one room in a dwelling. No outdoor storage shall be permitted. Garages shall not be used in connection with such business except to park business vehicles. 2. No one other than a resident of the dwelling shall be employed on-site or report to work at the site in the conduct of a home occupation. This prohibition also applies to independent contractors. 3. There shall be no display of merchandise, projects, operations, signs or name plates of any kind visible from outside the dwelling. The appearance of the dwelling shall not be altered, or shall the business be conducted in a manner to indicate that the dwelling or its premises is used for a non-residential purpose,whether by colors, materials, construction, lighting, windows, signs, sounds or any other means whatsoever. > �, t Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-4 6/97 4. A home occupation shall not increase pedestrian or vehicle traffic in the neighborhood. 5. No commercial vehicle or equipment used.in conjunction with.the home occupation shall . be parked overnight on an adjacent street or in any yard visible from the street..: 6. No motor vehicle repair for commercial purposes shall be permitted. 7. A home occupation shall not include an office or salesroom open to visitors, and there shall be no advertising of the address of the home occupation. 8. A eenditional 14VA=A== Neighborhood Notification shall be in compliance with Chapter 41 issued e Zoning Administfate when a home occupation involves instruction and/or service, e.g. music lessons, beauty shop, swimming lessons. Where a home occupation involves swimming instruction in an outdoor swimming pool, each swimming class shall be limited to 4 students, and no more than 2 vehicles shall be used to transport students to such classes. 9. Any authorized City employee may inspect the premises of a home occupation upon 48 hours notice to ascertain compliance with these conditions and any requirements of this code. The permit for a home occupation that is not operated in compliance with these provisions shall be revoked by the Director after 30 days written notice unless the home occupation is altered to comply. 230.14 Affordable Housing Incentives/Density Bonus A. When a developer of a residential property which is zoned and general planned to allow five (5) or more dwelling units proposes to provide affordable housing, he or she may request a density bonus and/or other incentive through a conditional use permit subject to the provisions contained in this section. A density bonus request pursuant to the provisions contained within this section shall not be denied unless the project is denied in its entirety. B. The City may grant incentives to the developer. An incentive includes, but is not limited to, the following: 1. A density bonus. 2. A reduction in site development standards or architectural design requirements.which exceed the minimum buildiria standards contained within the Uniform Building Code as adopted by the City including,but not limited to, a reduction in setback, lot coverage, floor area ratio,parking and open space requirements. 3. Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-5 5/00 3 D� 4. A reduction in development and/or processing fees. 5. Other regulatory incentives or concessions proposed by the developer or the City which result in identifiable cost reductions. 6. Financial assistance by the'City,i.e., housing set-aside funds. 7. Other incentives mutually agreeable to the City and developers consistent with all City, State and Federal laws, rules, standards, regulations and policies. C. Target rents/mortgage payments. 1. For the purpose of this section, units designated for moderate income household shall be affordable at a rent or mortgage payment that does not exceed twenty-five percent(25%) of the gross family income. 2. For the purpose of this section, units designated for lower income households shall be affordable at a rent or mortgage payment that does not exceed thirty percent(30%)of sixty percent(60%) of the Orange County median income as defined by the State of California Department of Housing and Community Development. 3. For the purpose of this section, those units designated for very low income households shall be affordable at a rent or mortgage payment that does not exceed thirty percent (30%) of fifty percent(50%) of the Orange County median income as_defined by the., State of California Department of Housing and Community Development. D. Affordability requirements. -� 1. Percentage of affordable units required. To qualify for a density bonus and/or other incentives, the developer of a residential project must agree to one of the following: a. Provide at least twenty percent(20%) of the total units of the housing development for lower income households; or b. Provide at least ten percent(10%) of the total units of the housing development for very low income households; or c. Provide at least fifty percent(50%) of the total units of the housing development for qualifying senior residents. - The density bonus shall not be included when determining the number of housing units required to be affordable. Remaining units may be rented, sold, or leased at"market" rates. If a developer is granted a density bonus in excess of twenty-five percent(25%), those additional units above the twenty-five percent(25%) may be required to be maintained affordable for "moderate income" households. 2. Duration of affordability. Units required to be affordable as a result of the granting of a density bonus and other incentives shall remain affordable for thirty(30) years. If the City does not grant at least one concession or incentive pursuant to this chapter in addition to the density bonus, or provides other incentives in lieu of the density bonus, those units required to be affordable shall remain so for ten (10) years. V 7 3. Affordable unit distribution and product mix. Affordable units shall be located throughout the project and shall include a mixture of unit types in the same ratio as provided throughout the project. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-6 5/00 4. Affordability agreement. Affordability shall be guaranteed through an "Affordability Agreement" executed between the developer and the City. Said agreement shall be recorded on the subject property with the Orange County Recorder's Office as provided in Section 65915, et seq. of the California Government Code, prior to the issuance of building permits and shall become effective prior to final inspection of the first unit. The subject agreement shall be legally binding and enforceable on the property owner(s) and any subsequent property owner(s) for the duration of the agreement. The agreement shall include, but is not limited to, the following items: a. The number of and duration of the affordability for the affordable units; b. The method in which the developer and the City are to monitor the affordability of the subject affordable units and the eligibility of the tenants or owners of those units over the period of the agreement; c. The method in which vacancies will be marketed and filled; d. A description of the location and unit type (bedrooms, floor area, etc.) of the affordable units within the project; and e. Standards for maximum qualifying household incomes and standards for`maximum_ rents or sales prices. 5. Ci1y action. Pursuant to this section the City shall: a. Grant a density bonus and at least one of the concessions or incentives identified in Section 230.18B unless the City makes a written finding that the additional concession or incentive is not required in order for rents or mortgage payments to meet the target rates; or b. Provide other incentives of equal value to a density bonus as provided in Section 65915, et seq. of the California Government Code. The value of the other incentives shall be based on the land cost per dwelling unit. E. Procedure. J t/ a . 1. In addition to submitting all documentation required to apply for a conditional use permit, a developer requesting a density bonus or other incentive pursuant to this section shall include the following in the written narrative supporting the application: a. A general description of the proposed project, general plan designation, applicable zoning, maximum possible density permitted under the current zoning and general plan designation and such other information as is necessary and sufficient. The property must be zoned and general planned to allow a minimum of five (5) units to qualify for a density bonus. b. A calculation of the density bonus allowed. c. In the case that the developer requests the City to modify development standards as another incentive, a statement providing a detailed explanation as to how the requested incentive will enable the deveinner to nrn6r1a A--- -- - e mortgage payments. Modification of development standards will be granted only to the extent necessary to achieve the housing affordability goals set forth herein. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-7 5100 d. A statement detailing the number of density bonus.units being proposed over and above the number of units normally permitted by the applicable zoning and general plan designations. 2. All subsequent City review of and action on the applicant's proposal for a density bonus and/or consideration of any requested other incentives shall occur in a manner concurrent with the processing of the conditional use permit and any other required entitlements, if any. If the developer proposes that the project not be subject to impact fees or other fees regularly imposed on a development of the same type, final approval will be by the City Council. 3. The Planning Commission/City Council shall review the subject Affordability Agreement eeaeufFeatlywith the de T proposal.oposa No project shall be deemed approved until the Affordability Agreement has been approved by the City Council Ning d3`• 4. The Zoning Administrator/Planning Commission/City Council may place reasonable conditions on the granting of the density bonus and any other incentives as proposed by the applicant. However, such conditions must not have the effect, individually or cumulatively, of impairing the objective of California Government Code Section 65915 et seq., and.this section, of providing affordable'housing for qualifying residents, lower or very low income households in residential projects. 5. A monitoring fee, as established by resolution of the City Council, shall be paid by the applicant to the City prior to issuance of a certificate of occupancy for the first unit. This fee shall be in addition to any other fees required for the processing of the conditional use permit, environmental analysis, and/or any other entitlements required. F. Required findings for gpproval. 1. Density bonus. In granting a conditional use permit for a density bonus, the Zoning Administrator/Planning Commission/City Council shall make all of the following findings: a. The proposed.project, which includes a density bonus, can be adequately serviced by the City and County water, sewer, and storm drain systems without significantly . impacting the overall service or system. b. The proposed project, which includes a density bonus, will not have a significant adverse impact on traffic volumes and road capacities, school enrollments, or recreational resources. c. The proposed project which includes a density bonus is compatible with the physical character of the surrounding area. d. The proposed project which includes a density bonus is consistent with the overall intent of the General Plan. e. If located within the coastal zone, the proposed project which includes a density bonus will not result in the fill, dredge, or diking of a wetlands. (3334-6i97) - a 8 0�' 2. Other incentives. A request for an additional incentive shall not be denied by the Zoning Administrator, Planning Commission or City Council unless a finding is made that the incentive is not necessary to the establishment of affordable units. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-8 5l00 In granting any other incentives as defined in this section,the Zoning Administrator/Planning Commission/City Council shall be required to make all of the following findings: a. The granting of the proposed other incentive(s) will not have an adverse impact on the physical character of the surrounding area. b. The granting of the proposed other incentive(s) is consistent with the overall intent of the General Plan. c. The granting of the proposed other incentive(s) will not be detrimental to the general health, welfare, and safety of persons working or residing in the vicinity. d. The granting of the proposed other incentive(s)will not be injurious to property or improvements in the vicinity. e. The granting of the proposed other incentive(s)will not impose an undue financial hardship-on the City. f. If the other incentive is a modification of development standards, the granting of the otherincentive is necessary to achieve the target affordable rents/mortgage payments for the affordable units. g. The granting of the proposed other incentive will not result in the filling or dredging of wetlands. (3334-6/97) p _230.16 Manufactured Homes t A. General Requirements. Manufactured homes may be used for residential purposes if such manufactured home conforms to the requirements of this section and is located in an R district. Manufactured homes also may be used for temporary uses, subject to the requirements of a_temporary use permit issued under Chapter.241. B. Location and Desi-gn Requirements. Manufactured homes may be located in any R district where a single family detached dwelling is permitted, subject to the same restrictions on density and to the same property development standards, provided that such manufactured home meets the design and locational criteria of this subsection. These criteria are intended to protect neighborhood integrity, provide for harmonious relationship between manufactured homes and surrounding uses, and minimize problems that could occur as a result of locating manufactured homes on residential lots. 1. Location Criteria: Manufactured homes shall not be allowed: a. On substandard lots that do not meet the dimensional standards of Chapter 210; b. As a second or additional unit on an already developed lot; or c. As an accessory building or use on an already developed lot. a 2. Design Criteria: Manufactured homes shall be compatible in design and appearance with residential structures in the vicinity and shall meet the following standards: a. Each manufactured house must be at least 16 feet wide; Huntington Beach Zoning and SuMvision.Ordinance Chapter 230 230-9 5/00 b. It must be built on a permanent foundation approved by the Building Official; c. It must have been constructed after June 1, 1979, and must be certified under the National Manufactured Home Construction and Safety Act of 1974; d. The unit's skirting must extend to the finished grade; e. Exterior siding must be compatible with adjacent residential structures, and shiny or metallic finishes are prohibited; f. The roof must have a pitch of not fewer than 2 inches vertical rise per 12 inches horizontal distance, with eave overhangs a minimum of 12 inches; g. The roof must be of concrete or asphalt tile, shake's or shingles complying with the most recent editions of the Uniform Building Code fire rating approved in the City of Huntington Beach; h. :The floor must be no higher than 20 inches above the exterior finished grade; and` i. Required enclosed parking shall be compatible with the manufactured home design and with other buildings in the area. C. Cancellation of State Registration. Whenever a manufactured home is installed on a permanent foundation, any registration of said manufactured home with the State of California shall be canceled,pursuant to state laws and standards. Before occupancy, the owner shall provide to the Director satisfactory evidence showing: that the state registration of the manufactured house has been or will, with certainty, be canceled; if the manufactured house is new and has never been registered with the state, the owner shall provide the Director with a statement to that effect from the dealer selling the home. 230.18 Subdivision Sales Offices and Model Homes Subdivision sales offices and model homes:in conjunction with an, approved subdivision is permitted with the following requirements. (3525-2/02) A. The office shall be discontinued within 30 days following sale of the last on-site unit. A cash bond shall be posted with the City in the amount of$1,000 for the sales office and $1,000 for each model home to guarantee compliance with the provisions of this code. B. The developer or contractor shall furnish a site plan showing the placement of the sales office and all model signs, parking signs, directional signs, temporary structures, parking and landscaping. C. No sales office shall be converted or expanded into a general business office for the contractor or developer. 230.20 Payment of Park Fee • As a condition of development approval, all new commercial and industrial development and all new residential development not covered by Chapter 254 of Title 25, Subdivision Ordinance, except for mobile home parks, shall pay a park fee. The fees shall be paid and calculated according to a schedule adopted by City Council resolution. (EMG 3594-11/02,EMG 3596r12/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-10 .12/02 230.22 Residential Infill Lot Developments The following Residential Infill requirements are intended to minimize impacts on contiguous developed single family residential property and provide standards that insure compatibility and appropriate design for projects located within existing residential neighborhoods, unless to do so would contravene the terms of an existing Development Agreement. (3301-11/95) Infill development site plans and building design shall be harmonious and compatible with streets, driveways, property lines, and surrounding neighborhood. Compatibility considerations should include, but not be limited to, lot size, lot frontages, building layout,building configuration and design,building materials,product type, grade height and building height relative to existing dwellings, and visual intrusion concerns. The Director of Community Development shall cause all requests for plan check and issuance of building permits for residential infill lot development to be reviewed in accordance with these requirements. (3301-11195) A. Privacy Design Standards: 1. New residences and accessory.dwelling units shall off-set windows.frm o those on existing residences to insure maximum privacy. The use of translucent glass or similar material, shall be used for all bathroom windows facing existing residences. Consider locating windows high on elevations to allow light and ventilation, and insure privacy. (3301-11/95) 2. Minimize the canyon effect between houses by clipping roof elevations on side yards. Provide roof line variations throughout a multi-dwelling infill development. (3301-11/95) 3. Provide architectural features (projections, off-sets) to break up massing and bulk. 4. Upper story balconies shall be oriented toward the infill house's front or rear yard areas, a public street or permanent open space. (3301-11/95) B. Noise Considerations. 1. Swimming pool/hot tub equipment, air conditioning equipment, and other permanently installed motor driven equipment shall be located to minimize noise impacts on contiguous residences. (3301-11/95) C. Pad Height. 1. Pad height for new construction shall match to the extent feasible pad heights of contiguous residences. Any property owner,/developer who intends to add fill above the height of the existing contiguous grades shall demonstrate to the Community Development Director and the City Engineer that the additional fill is not detrimental to surrounding properties in terms of compatibility and drainage issues. (3301-11/95) D. Public.yN/�\/otificationn Requirements. a 1. Ten (10) working days prior to submittal for plan check (plan review) the applicant shall give notice of the application to adjacent property owners and the City of Huntington Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-11 5/00 Beach, Department of Community Development by first class mail. The notice of application shall include the following: (3301-11/95) a. Name of applicant; b. Location of planned development, including street address (if known) and/or lot and tract number; (3301-11/95) c. Nature of the planned development, including maximum height and square footage of each proposed infill dwelling unit; (3301-11/95) d. The City Hall telephone number for the Department of Community Development to call for viewing plans; e. The date by which any comments must be received in writing by the Department of Community Development. This date shall be ten (10) working days from plan check (plan review) submittal;and f. The address of the Department of Community Development: 2. 'The applicant shall submit a copy of each notice mailed and proof of mailing of the notice(s)when submitting the application for plan check(plan review). The adjacent property owners shall have ten (10) working days from plan check (plan review) submittal to provide comments regarding the application to the Director of Community Development. All decisions of the Director regarding the application shall be final. (3301-11/95) 230.24 Small Lot Development Standards A. Permitted Uses. The following small lot development standards are provided as an alternative to attached housing in multi-family districts. Small lot developments are permitted in RM, RMH, and RH Districts (excluding RL Districts and RMH-A Subdistricts) subject to approval of a Conditional Use Permit and Tentative Map by the Planning Commission. The Design Review Board shall review and forward recommendations on all small lot development proposals. prior-to Planning Gemmission aetien. These standards shall apply to all small lot subdivisions, whether the tentative map is designed with single units per lot, or multiple units per lot(condominium). B. Design standards. The following standards shall be considered by the Zoning Administrator or Planning Commission prior to development approval: 1. Architectural features and general appearance of the proposed development shall enhance the orderly and harmonious development of the area or the community as a whole. 2. Architectural features and complementary colors shall be incorporated into the design of all 1 O exterior surfaces of the building in order to create an aesthetically pleasing project. b a 3. All vehicular access ways shall be designed with landscaping and building variation to eliminate an alley-like appearance. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-12 5/00 7 1 e C. Development Standards. The following standards shall apply to all small lot developments: Minimum Building Site or Lot Size 3,100 sq. ft. (3,400 sq. ft. avg.) Minimum Lot Frontage 40 ft. Cul de sac and knuckle 30 ft. Maximum Height Dwellings 30 ft.; max. 2 stories except 3rd level permitted <500 sq. ft. Min. 5/12 roof pitch No decks above the second story Accessory Structures 15 ft. Minimum Setbacks Front Dwelling 15 ft. +offsets in front fagade Covered Porches (unenclosed) 10 ft. Garage 18 ft Upper Story Upper story setback shall be varied Side 8 ft. aggregate, min. 3 ft. 0 ft. permitted with min. 8 ft. on other side Street Side 10 ft.; includes min. 4 ft. landscape lettered lot (6 ft. between bldg. and prop. line) Rear Dwelling 15 ft. 50%0`of bldg. width may beat 13 ft: Garage 3 ft. 0 ft. if garage is designed to back to another garage Maximum Lot Coverage 50%+5% for covered porches,patio covers, balconies. Maximum Floor Area Ratio(FAR) 0.7 Minimum Interior Garage Min. 400 sq. ft.; Dimension (width x depth) min. 18 ft. wide Minimum Building Separation to 6 ft. Accessory Building Open Space Common recreational area Projects of 20 units or more: (project) 150 sq. ft./unit; min. 5,000 sq. ft.; min. 50 ft. dimension. Projects less than 20 units: Min. 600 sq. ft. private and/or common per unit. Private open space excludes side and front yard setback areas. Common open space requires min. 10 ft. dimension. Huntington Beach Zoning and Subdivision Ordinance P 0 Chapter 230 230-13 5/00 Required Parking Small lot developments shall provide parking consistent with single family residential developments specified in Chapter 231. In addition, minimum 1 on-street space per unit for guest/visitor parking shall be provided. A parking plan depicting the location of all parking spaces shall be submitted with the conditional use permit application. Street Sections Streets The city shall review proposed street sections upon submittal of the tentative map and conditional use permit applications. Min. 36 ft. curb to curb may be permitted provided all units in the development are equipped with automatic sprinkler systems—On-street parking shall be provided on both sides of the street. Sidewalks/Parkways Sidewalks shall be provided on both sides of the street. Min. 6 ft. landscape parkways may be provided on both sides of the street. Sidewalk.widths shall be designed to Public Works Standards. Walls and Fences Block walls required; may allow wrought iron element where appropriate Landscaping Tree wells adjacent to landscape parkways on the street side of curb is encouraged, however shall not encroach into the min. 24 foot wide drive aisle. Also see Chapter 232 Landscaping 230.26(Reserved) ..230.28(Reserved) 230.30 (Reserved) Non-Residential Districts 230.32 Service Stations The following supplemental development standards shall apply to the Service Station use classification. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 b 313 230-14 5/00 e A. Minimum parcel size. 22,500 square feet. B. Minimum frontage. 150 feet and located at the intersection of arterial highways. C. Site Layout. Conditions of approval of a conditional use permit may impose restrictions on outdoor storage and display and location of pump islands, canopies and service bay openings and'-require buffering, screening, lighting, or planting areas necessary to avoid adverse impacts on properties in the surrounding area. D. Design standards. 1. In reviewing proposals, emphasis shall be placed on quality design of building materials and landscape features. Service stations shall be designed so that form and scale are harmonious and consistent with the character of the specific site, the adjacent uses and structures, and the general neighborhood. 2. The location, number, and design of driveways as well as on and off-site traffic circulation impacts shall be analyzed. 3. Service bay openings shall be designed to minimize the visual intrusion on surrounding streets and properties. A maximum of 3 service bays shall be permitted per site, none of which shall face a public right-of-way. 4. Lighting shall be of low profile design, indirect or diffused, and shall create no negative .impact on surrounding uses. 5. A minimum 10 percent of the'site shall be landscaped...Landscaping plans shall conform to all applicable provisions of Chapter 232 as well as conform to the following requirements: a. A 3 foot-wide planter(inside dimension) along interior property lines shall be provided, except at vehicular circulation openings. Additional landscaping may be required to screen service bays from surrounding properties. b. A 600 square-foot planter with a minimum dimension of 20 feet shall be provided at the corner of intersecting streets. c. A total of 70 square feet of planting area shall be located adjacent to and on the street side of the main building. 6. Buildings shall conform to the setback regulations stated for the district in which the site is located. Pump islands and canopy structures shall maintain the following minimum setbacks from street side property lines: Pump island: 20 feet Canopy: 10 feet with ground clearance of 12 feet � f Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230.15 5100 s E. Storage of Materials and Equipment. The provisions of Section 230.74, Outdoor Facilities, shall apply, except that a display rack for automobile products no more than 4 feet wide may be maintained at each pump island of a service station and a single tire storage display no more than 8 feet high and 16 feet long may be located on the site of a service station. If display racks are not located on pump islands,they shall be placed within 3 feet of the principal building, and shall be limited to 1 per street frontage.. Outside storage of motor' vehicles for more than 24 hours (7 days if the vehicle is actively being serviced) is prohibited, except as provided for truck and utility trailer rentals. The location of display racks and vending machines shall be specified by the conditional use permit. F. Accessory Uses. The accessory uses listed below shall be permitted as included on the approved site plan. Such uses shall be subordinate to the main operation and shall not impede safe vehicular and pedestrian circulation or be detrimental to surrounding properties or potential customers. Such uses shall be included as part of the original conditional use permit request or shall be subject to a new conditional use permit if proposed subsequent to the original conditional use permit. 1. Convenience markets are permitted provided no automotive repair or truck or trailer rental is permitted on the same site. 2. Automatic washing, cleaning and waxing of vehicles. Such activity shall be of an integral design with the main structure. 3. Truck and utility truck rental is permitted provided the trucks do not exceed.25 feet in length and are stored a minimum of 50 feet from the street property lines. 230.34 Housing of Goods " All goods, wares, merchandise, produce, and other commodities which are stored or offered for sale or exchange in the commercial and industrial districts shall be housed in permanent buildings except as otherwise provided by this code. 230.36 Transportation Demand Management A. Purpose and intent. It is the purpose and intent to implement the requirements of Government Code Section 65089.3(a)(2), to mitigate the impacts that development projects may have on transportation mobility, congestion and air quality, and to promote transportation demand management strategies. B. Definitions. For purposes of this Section, the following definitions for the following terms shall apply: 1. Alternative transportation mode: Any mode of travel that serves as an alternative to the single occupant vehicle. This can include all forms of ridesharing, public transit, bicycling or walking. 2. Car2ool: Two (2) to six (6) persons traveling together in a single vehicle. 3. Employee: Means any person employed by a firm, person(s), business, educational institution, non-profit agency or corporation, government agency, or other entity which employs 100 or more persons at a single worksite. "Employee" shall include persons employed on a full-time,part-rime, or temporary basis. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 {� .� 230-16 5/00 r! e 4. Employer: Means any person(s), firm, business, educational institution, government agency, non-profit agency or corporation, or other entity which employs or houses tenants that collectively employ 100 or more employees at a worksite on a full andor part-time/temporary basis. 5. Building Size: Means the total gross floor area measured in square feet of a building or group of buildings at a worksite. Includes the total floor area of.both new development and existing facilities. 6. Mixed-Use Development: Means new development projects that integrate any one of these land uses with another: residential, office, commercial, industrial and business park. 7. Tenant: Means the lessee of facility space at a development project who may also serve as an employer. 8. Transportation Demand Management(TDM): Means the implementation of programs, plans or policies designed to encourage changes in individual travel behavior. TDM can include an emphasis on alternative travel modes to the single occupant vehicle (SOV) such as carpools, vanpools and transit; and reduction of VMT and the number of vehicle trips. 9. Vanpool: Means a vehicle occupied by seven (7) or more persons traveling together. 10. Worksite: Means a building or group of buildings which are under common ownership and the place of employment, base of operation, or predominate location of an employee or group Iof employees. C. Applicability: 1. These provisions apply to commercial, industrial, institutional, or other uses which are determined to employ 100 or more persons, as determined by the employee generation factors specified under subsection 4. This includes any permit for existing facilities that already have 100 or more employees or will have 100 or more employees. 2. These provisions apply to all districts, planned communities and specific plan areas including those covered by development agreements. These provisions shall supersede other ordinances with which there is a conflict. 3. Notwithstanding "1" above, the following uses and activities shall be specifically exempt from the provisions of this section: a.. Temporary construction activities on any affected project, including activities performed by engineers, architects, contract subcontractors and construction workers. b. Other temporary use classifications or as authorized by the Planning Zoning Administrator/Director when such temporary activities are for a period not to exceed 30 days and held no more than once a year. 4. Employee generation factors shall be based on one of the following: a. Employment projections developed by the property owner, subject to approval by the Director; Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-17 5100 b. Building sizes shall be considered equivalent to the 100 employee threshold as follows: Building Size (in square feet) .Type of Use Equivalent to 100 Employees Office/Professional 35,000 Hospital and Medical/Dental 40,000 Industrial (excluding Warehouses) 50,000 Commercial/Retail 50,000 Hotel 0.8 employees/hotel room Motel 1.2 Resort Hotel 100,000 Mixed or multiple use Warehouse 100,000 * The employment projection for a development of mixed or multiple uses shall be calculated on a case-by-case basis based upon the proportion of development devoted to each type of use. D. Site development standards: Development projects subject to this section shall comply with the following site development standards: 1. Parking for Carpool Vehicles a. The following percentages of the total required parking spaces per Chapter 231 shall be reserved and designated for employee carpool vehicles by making such spaces "Carpool Only": Percent of Total Parking Devoted to Type of Use Employee Carpool Parking Office Professional 13% Hospital and Medical/Dental Office 9% Industrial/Warehouse 14% Commercial/Retail 5% Hotel space for every 2 employees b. Carpool spaces shall be located near the building's identified employee entrance(s) or at other preferential locations within the employee parking areas as approved by the Director. 2. Shower and Locker Facilities Shower and locker facilities shall be provided for use by employees or tenants who commute to the site by bicycle or walking. The use of such facilities shall be provided at no cost to the user. The design of such facilities shall be shown on the plot plans in the permit application and conform to the following: a. Lockers shall be provided at a minimum ratio of 1 for every 20 employees. b. Separate shower facilities shall be provided at a minimum rate of 2 per 100 employees. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-1R a 3. Bicycle Parking a. Bicycle parking facilities shall be provided at the minimum rate of 1 bicycle parking space for every 20 employees or fraction thereof, in a secure location, and in close proximity to employee entrances, for use by employees or tenants who commute to the site by bicycle. b. . A bicycle parking facility shall be a stationary object to which'the user can lock the bicycle frame and both wheels with a user-provided six(6) foot cable and lock. 4. Commuter Information Areas A commuter information area shall be provided to offer employees appropriate information on alternative transportation modes. This area shall be centrally located and accessible to all employees or tenants and shall be sufficient size to accommodate such information on alternative transportation modes. 5. Passenger Loading Areas Unless determined unnecessary by the decision-maker,per Title 24, passenger loading areas to embark and disembark passengers from rideshare vehicles and public transportation shall be provided as follows: a. Passenger loading area shall be large enough to accommodate the number of waiting vehicles equivalent to ld/o of the required parking for the project. b. .The passenger loading areas shall be located as close as possible to the identified. employee entrance(s), and shall be designed in a manner that does not impede vehicular circulation in the parking area or in adjoining streets: - - - 6. Parking for Vanpool Vehicles Unless determined unnecessary by the decision-maker,per Title 24, parking for vanpool vehicles shall be provided as follows: a. The number of vanpool parking spaces shall be at least 1% of the employee carpool parking spaces and reserved for such by marking the spaces "Vanpool Only." b. For parking structures, vanpool vehicle accessibility shall include minimum 7'2" vertical clearance. c. Vanpool parking spaces shall be located near identified employee entrance(s) or other preferential locations. 7. Bus Stops Unless determined unnecessary by the decision-maker,per Title 24, bus shelter,pullouts, and pads shall be provided as necessary in consultation with affected transit service providers. 230.38 Game Centers The following supplemental requirements shall apply to the operation of game centers, including mechanical or electronic games or any other similar machine or device, in order to control the 2 V Huntington Beach Zoning and Subdivision Ordinance 1 Chapter 230 230-19 5100 e location and hours of operation of game centers so as not to allow school children to play the games during school hours or to encourage minors to congregate in areas close to commercial establishments that sell alcoholic beverages. The following conditions shall apply: nf.,,t.t:t'>. .,l rtn.r,ec .•on,,;.o „a,,,_c�r n,nonde p b o HA. Adult Manager. At least one adult manager shall be on the premises during the time a game center is open to the public. GB. Hours of Operation for Minors under 18 Years of Age. No game center owners, manager or employees shall allow a minor under 18 years of age to play a mechanical or electronic game machine during the hours the public schools of the district in which the center is located are in session, or after 9 p.m. on nights preceding school days, or after 10 p.m. on any night. It is the responsibility of the owner or manager of the game center to obtain a current schedule of school days and hours. DC. Locational Criteria. A game center shall not be permitted within 2,500 feet of a school site, 300 feet of the boundary of a residential district, or within 500 feet of a liquor store, a nightclub, cocktail lounge or bar. The distance shall be measured as walking distance from the game center to the property line of the school site, the.district boundary, or the property line of the liquor store, nightclubs, cocktail lounge, or bar, as the case may be. BD. Restrictions. The Zening,Adfainistfate Director.may impose reasonable restrictions on the physical design, location, and operation of a game center and require a special bicycle; parking area in order to minimize the effects of noise, congregation, parking, and other- nuisance factors that may be detrimental to the public health, safety and welfare of the = _� surrounding community. 230.40 Helicopter Takeoff and Landing Areas A. Permit Required. A conditional use permit may be issued for the construction and operation of a heliport, helipad, or helistop if the Planning Commission finds that: 1. The helipad, heliport, or helistop conforms to the locational criteria and standards established in Subsections (B) and (C) of this section, and the requirements of the California Department of Transportation, Division of Aeronautics; 2, The heliport, helipad, or helistop is compatible with the.surrounding environment; and 3. The proposed operation of the helicopter facility does not pose a threat to public health, safety or welfare. The Commission may impose conditions of approval on the conditional use permit to prevent adverse impacts on surrounding properties. If such impacts can not be mitigated to an acceptable level, the conditional use permit application shall be denied. B. Locational Criteria. 1. Minimum Separation. Minimum separation between heliports, helipads, and helistops shall be 1.5 miles, except for facilities specifically intended for emergency use, such as medical evacuation or police functions, and temporary landing sites. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 I f �, �1 , 230-20 5/00 a 2. Protected Areas. No heliport, helipad, or helistop shall be located within 1,000 feet of an R district or the site of a public or private school, except for heliports or helistops specifically intended only for emergency or police use. Temporary landing sites within 1,000 feet of a public or private school may be allowed with a temporary use permit subject to approval of the California Department of Transportation. C. Site Development Standards. 1. Approach and departure paths 65 feet wide shall be free of obstruction for a minimum distance of 400 feet. 2. Setbacks from property lines shall be as follows: a. Takeoff and landing area- 50 feet; b. Helicopter maintenance facilities-25 feet; c. Administrative or operations building- 15 feet. 3. Any lighting used for nighttime operations shall be directed away from adjacent properties and public rights-of-way. 4. A telephone shall be provided on or adjacent to the heliport, helipad or helistop. 5. Helipads or helistops intended for emergency use shall have a landing pad with a standard landing area designated and the words "Emergency Only." The initial direction of the departure routes shall be indicated on.the takeoff and-landingarea, FD. Application Requirements. The following additional information shall be submitted with " a conditional use permit application: 1. An area map, at a scale of 1" = 800'showing existing land use within a two-mile radius of the facility site and the proposed flight paths. 2. A plot plan of the site and vicinity, including all land within a 400-foot radius of the takeoff and landing area, that shows clearly the height of the takeoff and landing area; the height of existing, approved and proposed structures and trees within 50 feet of the approach and takeoff flight paths; and the maximum allowable building height under existing zoning. 3. A description of the proposed operations, including the type of use, names and descriptions of helicopters expected to use the facility,and anticipated number and.timing of daily flights. 4. A helicopter noise study including a map of the approach and departure flight paths at a scale of 1" = 800'showing existing day/night average noise levels in decibels (LDN noise contours), future day/night average noise levels with the proposed facility and anticipated flight operations, and single-event maximum sound levels associated with the types of helicopters expected to use the facility. 230.42 Bed and Breakfast Inns A. Permit Required. The Planning,Gemmission Zoning Administrator may approve a conditional use permit for a bed and breakfast inn in a arty E Commercial General District and Planning Commission may a�Risitor rove a conditional use permit in the RMH-A District and the Commercial District after a duly noticed ublic hearing upon finding that: (� e Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-21 5/00 1. The bed and breakfast inn will be operated by a property owner living on the premises; 2. The bed and breakfast inn conforms to the design and development standards of Subsection (B) of this section and is compatible with adjacent buildings in terms of building materials, colors and exterior finishes; and 3. Public and utility services, including emergency access, are adequate to serve the bed and breakfast inn. B. Desi--n and Development Standards. 1. Minimum Size and Maximum Number of Guest Rooms. The inn shall contain at least 2,000 square feet, but no more than six rooms shall be rented for lodging. 2. Parking. The requirements of Chapter 231 shall apply. 3. Signs. The requirements of Chapter 233 apply. In addition, in the RMH-A district,no identifying sign shall be displayed other than a sign no larger than 2 square feet identifying the name of the establishment. The face of the sign may be indirectly illuminated by an exterior light source entirely shielded from view, but no internal illumination from an interior light source shall be permitted. 230.44 Recycling Operations Collection containers shall be permitted for charitable organizations such as Goodwill. Recycling containers shall be permitted as an accessory use to a permitted use. Recycling and collection containers shall not be located within required parking or landscaped areas or obstruct pedestrian - paths. Recycling as an accessory use shall not exceed 500 square feet including any required attendant parking space. A recycling operation as a primary use shall comply with the development standards contained in Chapter 212. i 230.46 Single Room Occupancy i Single room occupancy(SRO) shall comply with the following requirements: A. General Provisions. 1. All projects shall comply with the most recently adopted City Building, Plumbing, Mechanical, Electrical, Fire, and Housing Codes. 2. No more than one (1)person shall be permitted to reside in any unit, excluding the manager's unit and up to 25 percent of the total number of units which have double occupancy. (3494-5/01) 3. A Management Plan shall be submitted for review and approval with the conditional use permit application. The Management Plan shall contain management policies, operations, emergency procedures, overnight guest policy, security program including video cameras monitoring building access points at every floor, rental procedures and proposed rates, maintenance plans, staffing needs, and tenant mix, selection and regulations. Income levels shall be verified by a third party and submitted to the City of Huntington Beach as part of the annual review. (3494-5/01) Huntington Beach Zoning and Subdivision Ordinance e Chapter 230 230•-22 5/01 4. An on-site, twenty-four(24) hour manager is required in every SRO project. In addition, a manager's unit shall be provided which shall be designed as a complete residential unit, and be a minimum of 300 square feet in size. (3494-5/01) .5. Rental procedures shall allow for monthly tenancies only;deposit requirements shall be specified. (3a94-5/01) . 6. All units within SRO projects shall be restricted to very low and low income individuals as defined by the City's housing element,with the exception of the twenty-four(24) hour manager. Rental rates shall be calculated using a maximum of 30% of income toward housing expenses based on County of Orange income figures. (3494-5101) 7. Each SRO project shall be subject to annual review by the City which includes the review of management services. The management services plan shall define third party verification criteria. The SRO project owner shall be responsible for filing an annual report to the Planning and Economic Development Departments which includes the range of monthly rents, the monthly income of residents, occupancy rates, and the number of vehicles owned by residents. (3494-5/01) 8. The Planning Commission or City Council may revoke the conditional use permit if any violation of conditions or any of the adopted Huntington Beach Codes occurs. (3494-5/01) B. Unit Requirements. l. Minimum.unit size shall.be 250 square feet except double occupancy units shall be a -minimum of 400 square feet.. (3494-510.) 2. Maximum unit size shall be three hundred(300) square feet excluding manager's unit and double occupancy units. (3494-5/01 3. Each unit shall contain a kitchen and bathroom. (3494-5/01) a. Kitchens shall contain a sink with garbage disposal, counter top (minimum 16" x 24"), refrigerator, and stove/oven unit and./or microwave; (3494-5/01) b. If stoves/oven units are not provided in each unit, then stoves/oven units shall be provided in a common kitchen area(s). (3494-5/01) c. Bathrooms shall contain a lavatory, toilet, and shower or bathtub. d. Each unit shall have a minimum forty-eight(48) cubic feet of closet/storage space. C. Project Requirements. 1. Common recreational space shall be provided in each project as follows: a. Minimum common recreational space shall be four hundred"(400) square feet. b. For projects exceeding thirty(30) units, an additional 10 square feet of recreational space per unit is required. (3494-5/01) Units that are 400 square feet or greater shall have a minimum of 15 square feet of recreational space per unit. (3494-5/01) 2 � J Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-23 5/01 c. Common recreational space may be indoor or outdoor provided there is at least forty percent(40%) allotted toward indoor space and forty percent(40%) outdoor space; the balance may be either indoors or outdoors. d. Common recreational space may be in separate areas provided each space is not less than two hundred (200) square feet in size and has no less than a ten(10) foot dimension: 2. A single controlled entryway for routine ingress and egress shall be situated adjacent to and in full view of the manager's desk. 3. A secured office area shall be incorporated in the facility for the storage of confidential resident records and security office personnel. (3494-5/01) 4. Mailboxes shall be provided for each unit located near the lobby in plain view of the entry desk. (3494-5/01) 5. Handicap access facilities shall be as required by applicable state or local law. (3494-5/01) 6. At least one handicapped-accessible unit shall be required for every twenty(20) units. (3494-5/01) 7. Laundry facilities shall be provided in a separate room in a location near the common indoor recreational space. Washers and dryers may be coin operated. (3494-5/01) i 8. A cleaning supply storeroom and/or utility closet with.at least'one,(1) laundry tub with _hot and cold water on every floor shall be provided on every floor. (3a94-5/01) 9. Storage Lockers (3494-5/01) a. Storage lockers shall be provided in a secured area. b. The cumulative total of locker space shall be no less than a ratio of ten (10) cubic feet per unit. 10. All common indoor space areas shall have posted in a conspicuous location a notice from the City's Planning Department regarding contact procedures to investigate housing code violations. (3494-5/01) 11. Bicycle stalls shall be provided at a minimum of one (1) stall per five(5) units in a secured and enclosed and covered area: (3494-5/01) 12. Trash disposal chutes as well as a centralized trash area shall be provided on all multi-story projects. (3494-5/01) 13. A minimum of two (2)pay telephones shall be provided in the lobby area. The telephone service shall only allow outgoing calls. (3494-5/01) 14. Phone jack(s) shall be provided in each unit. (3494-5/01) 15. A shipping and receiving/maintenance garage shall be provided near a convenient vehicular access on the ground floor. (3494-5/01) 3a Huntington Beach Zoning and Subdivision Ordinance Chapter 230 "^'" a 230.48 Equestrian Centers A. Permit Required. Equestrian centers shall be permitted in the OS-PR and PS districts, subject to the approval of a conditional use permit by the Planning Commission. Where all off-site improvements are not provided, initial approval shall be for a maximum period of five years subject to annual review.. One year extensions of time may be granted after public hearing by the Planning Commission. On requests to allow a facility on a permanent basis,.the Planning Commission shall determine required improvements based on the existing and proposed land uses and the existing off-site improvements within the area. B. Design and Development Standards. 1. Minimum Parcel Size/Frontage. The minimum lot size and lot frontage shall be: Area Frontage Temporary facilities: 2 acres 100 feet Permanent facilities: 5 acres 100 feet 2. Density/Ridin Areas. Maximum density for horse facilities shall be determined by the following criteria: (a) Maximum density shall be twenty-five(25) horses per acre. (b) Minimum riding area shall be five thousand (5,000) square feet per fifteen (15) horses. For facilities with over one hundred (100) horses, two separate arenas shall be provided. In the alternative, off-site riding area shall be provided adjacent to the facility at the rate of one acre per fifteen (15) horses. (c) Exercise rings shall have no dimension less than thirty(30) feet. (d) The minimum arena size shall be ten thousand (10,000) square feet with no dimension less than eighty(80) feet. 3. Maximum Building_Height. Maximum building height shall be thirty(30) feet. 4. Reauired Setbacks. Front: 50 feet (30 feet for caretaker's residence) Interior side: 25 feet Exterior side: 50 feet Rear: 25 feet Minimum distance to any 300 feet residential zone or use: 5. Corral Design. Corrals designed for one horse shall comply with the following requirements. Corrals designed for more than one horse shall provide a minimum area per horse as indicated below. All corrals, racks and stalls shall be of compatible design, materials to be approved by the fire department. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-25 5100 (a) Corral size: 288 square feet Minimum dimension: 12 feet Shelter size: 96 square feet Minimum dimension: 8 feet (b) Each corral shall have an approved water system with automatic drinking controls provided. (c) Box stalls may be provided in lieu of horse corrals. Such stalls shall be a minimum of 144 square feet with no dimension less than twelve (12) feet. 6. Wash rack. One wash rack per thirty-five(35) horses or fraction thereof shall be provided subject to the following requirements. Wash racks designed for more than one horse shall provide a minimum area per thirty-five (35) horses as indicated below: (a) Individual wash racks shall be 6 feet by 8 feet. (b) Each wash rack shall have an approved watering system and be connected to a sewer facility with a back-siphon device at the water source. (c) A concrete slab floor shall be provided. C. Insect and Rodent Control. 1. Feed mangers or boxes shall not be placed near water sources. 2. Nonleak valves shall be provided for all troughs, bowls, cups and other water sources. 3. Automatic valves or sanitary drains shall be provided for large troughs or cups. 4. Grading in paddocks and corrals shall be properly integrated into a master drainage plan to prevent ponding of water. Shelters shall be sloped away from the center of the corrals, or rain gutters shall be installed to the exterior of the corral. 5. Method of disposal of solid wastes shall be approved by Planning Commission. Trash disposal areas and dumpsters shall be designated and conveniently located with an all-weather road access provided. 6. All dry grains shall be stored in rodent-proof metal containers and hay storage shall be covered. Bulk or commercial amounts of grain,or hay shall be located a minimum of fifty (50) feet away from any horse enclosure. D. Miscellaneous Operating Requirements. 1. The ground surface of horse enclosures shall be graded above their surroundings. A grading plan shall be submitted prior to issuance of a conditional use permit 2. Storage and tack areas shall be designated on the site plan. 3. Continuous dust control of the entire premises shall be maintained subject to the regulations contained in Huntington Beach Municipal Code Chapter 8.24. The method for water sprinkling arenas and exercise pens shall be indicated on the site plan. Huntington Beach Zoning and Subdivision Ordinance Chapter 23C f 1,I)t, 2 a 17 230-26 vrm a 4. A permanent single family residence shall be provided on the site with a watchman on duty twenty-four(24) hours a day. Two fully enclosed parking spaces shall be provided. Where a mobilehome is used to satisfy this requirement, one carport space and one open space shall be.permitted. 5. A back-siphoning device shall be installed to protect the-public water supply. An approved pressure vacuum breaker is recommended on the waterline serving the corrals. The vacuum breaker shall be at least twelve (12) inches above the highest point of water usage or an approved double-check valve may be used. 6. Security lighting shall be confined to the site and all utilities shall be installed underground. 7. A log containing the name of every horse, its location in the facility, the owner's name and address, and the names and addresses of persons to be notified in case of emergency shall be maintained in the watchman's quarters for ready reference. 8. All fire protection appliances, appurtenances, emergency access, and any other applicable requirements,pursuant to Huntington Beach Municipal Code Chapter 17.56, shall meet the specifications of the fire department. 9. The entire site, exclusive of riding areas, shall be fenced in such a manner as to confine horses within the site in order to protect the perimeter landscaping from damage. Individual corrals shall be enclosed by a minimum five (5) foot high fence. E. Off-stieet Parking and Landscaping. 1. Parking and circulation design shall comply with the standards outlined in Chapter 231. In addition, the perimeter of the parking area shall be delineated by pilasters or wooden poles with chain, cable, or heavy rope connectors. The parking lot shall be surfaced in accord with the specifications of the Department of Public Works. 2. Landscaping, as set out in Chapter 232, shall be provided except that the minimum landscaped area required shall be a ten(10) foot wide (inside dimension) planter along all property lines. 230.50 Indoor Swap Meets/Flea Markets Indoor swap meets/flea markets shall comply with the following requirements: A. Conditional Use Permit Required.. Indoor swap meets/flea market uses may be permitted as temporary uses only upon approval of conditional use permit by the Planning Commission for a period of time not to exceed ten (10) years. One year extension of time may be granted after public hearing by the Planning Commission. B. Location Considerations: The Planning Commission shall consider the following issues when evaluating a proposed conditional use permit: 1. The site's proximity to residences, schools, hospitals and other noise sensitive uses. 2. The potential adverse impacts on traffic circulation and pedestrian safety. 3. The site's proximity to other indoor swap meets/flea markets to avoid overconcentration of facilities. b �, Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-27 5/00 4. The site's proximity to businesses processing hazardous materials. C. Location Criteria. 1. Indoor swap meet/flea market uses shall only be allowed on property located adjacent to arterial streets. D. Minimum Buildini Size. 1. Minimum building gross floor area shall be one hundred thousand (100,000) square feet. E. Miscellaneous Requirements. 1. Ancillaryy Uses. Ancillary uses may be permitted as included on the approved site plan. Such uses shall be included as part of the initial conditional use permit requirements or shall be subject to new entitlement if proposed after the initial application has been filed. 2. Signs. Individual vendors shall not be permitted any outdoor signs, including temporary. Signs shall comply with the standards outlined in Chapter 233. 3. Parkin . Parking shall comply with the standards outlined in Chapter 231. 230.52 (Reserved) 230.54 (Reserved) : 230.56(Reserved) - 230.58 (Reserved) 230.60 (Reserved) All Districts 230.62 Building Site Required No building or structure shall be erected or moved onto any parcel of land in the city except on a lot certified in compliance with the Subdivision Map Act and local subdivision and zoning provisions at time of creation or on a parcel created as a result of a public taking..--No building or structure shall be altered or enlarged to increase the gross floor area by more than 50 percent within any one-year period except on a legal building site. 230.64 Development on Substandard Lots Development on substandard lots shall be subject to approval of a conditional use permit by the Zoning Administrator. A legally created lot having a width or area less than required for the base district in which it is located may be occupied by a permitted or conditional use if it meets the following requirements or exceptions: A. The lot must have been in single ownership separate from any abutting lot on the effective date of the ordinance that made it substandard. Two or more contiguous lots held by the same owner shall be considered as merged if one of the lots does not conform to the minimum lot size or width for the base district in which it is located. Huntington Beach Zoning and Subdivis�Ordinance Chapter 230 � '\ , '°r,'Q e B. A substandard lot shall be subject to the same yard and density requirements as a standard lot, provided that in an R district, one dwelling unit may be located on a substandard lot that meets the requirements of this section. C. An existing legal lot comprising a minimum size of 5,000,square feet or'greater and a minimum width of 50 feet or greater shall not be considered substandard for purposes of this section. 230.66 Development on Lots Divided by District Boundaries The standards applicable to each district shall be applied to the area within that district. No use shall be located in a district in which it is not a permitted or conditional use. Pedestrian or vehicular access from a street to a use shall not traverse a portion of the site in a district in which the use is not a permitted or conditional use. 230.68 Building Projections Into Yards and Courts Projections into required yards and courts shall be permitted as follows: ALLOWABLE PROJECTIONS IN FEETa Front Side Street Side Rear Yard Yard Yard Yard Fireplace or chimney. 2.5 2.5b. 2.5. 2.5 Cornice, eaves and ornamental features 3 2.5b 3 3 - Mechanical equipment 2 2b 2b 2 Uncovered porches, terraces, platforms, 6 3 4 5 subterranean garages, decks, and patios not more than 3 feet in height serving only the first floor Stairs, canopies, awnings and uncovered porches 4 2b 4 4b more than 3 feet in height Bay windows 2.5 2.5b 2.5 2.5 Balconies 3 2b 3 _ 3 Covered patios 0 0 5c 5 Notes: allo individual projection shall exceed 1/3 of the building length, and the total of all projections shall not exceed 2/3 of the building length on which they are located. bA 30-inch clearance from the property line shall be maintained. cNo projection shall extend more than 1/2 the width of the street side yard. 230.70 Measurement of Height This section establishes standards for determining compliance with the maximum building height limits prescribed for each zoning district or as modified by an overlay district. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-29 5/00 A. Datum (100) shall be set at the highest point of the curb along the front property line. If no curb exists, datum shall be set at the highest centerline of the street along the front property line. B. The differential between top of subfloor and datum shall.be.a maximum of two (2) feet as. determined by Public Works. In the event that*any subfloor, stemwall or footing is proposed greater than two (2) feet above datum; the height in excess shall be deducted from the maximum allowable ridgeline height. C. Lots with a grade differential of three (3) feet or greater between the high point and the low point, determined before rough grading, shall be subject to conditional use permit approval by the Zoning Administrator. Conditional use permit approval shall be based upon a building and grading plan which terraces the building with the grade and which is compatible with adjacent development. 230.72 Exceptions to Height Limits Chimneys; vent pipes; cooling towers; flagpoles; towers; spires; domes; cupolas; parapet walls not more than 4 feet high; water tanks; fire towers; transmission antennae (including wireless communication facilities); radio and television antennas (except satellite dish antennae); and similar structures and necessary mechanical appurtenances (except wind-driven generators) may exceed the maximum permitted height in the district in which the site is located by no more than 10 feet. The Zoning Administrator may approve greater height with a conditional use permit. Within the coastal zone exceptions to height limits may be granted only when public visual . resources are preserved and enhanced where feasible. (3334-6/97,3568-9/02) 230.74 Outdoor Facilities A. Permit Required. Outdoor storage and display of merchandise, materials, or equipment, including display of merchandise, materials, and equipment for customer pick-up, shall be subject to approval of a conditional use permit by the Zoning Administrator-in the CG, IL, IG, CV and SP districts. Sidewalk cafes with alcoholic beverage service and'or outdoor food service accessory to an Eating and Drinking Establishment shall be permitted subject to approval of-a conditional use permit by the Zoning Administrator in the CO, CG, CV, OS and SP districts, but no outdoor preparation of food or beverages shall be permitted. (3525-2/02) B. Permit Conditions: Grounds for Denial. The Zoning Administrator may require yards, screening, or planting areas necessary to prevent adverse impacts on surrounding properties.' If such impacts cannot be prevented, the Zoning Administrator shall deny the conditional use permit application. C. Exceptions. Notwithstanding the provisions of subsections (A)and (B)above, outdoor storage and display shall be permitted in conjunction with the following use classifications in districts where they are permitted or conditionally permitted: 1. Nurseries. provided outdoor storage and display is limited to plants, new garden equipment and containers only; and 2. Vehicle/Equipment Sales and Rentals, provided outdoor storage and display shall be limited to vehicles, boats, or equipment offered for sale or rent only. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 p or� , 3,� 9 230-30 9102 e D. Screening. Outdoor storage and display areas for rental equipment and building and landscaping materials shall be screened from view of streets by a solid fence or wall. The height of merchandise, materials, and equipment stored or displayed shall not exceed the height of the screening fence or wall. 230.76 Screening of Mechanical Equipment. A. General Requirement. Except as provided in subsection (B) below, all exterior mechanical equipment, except solar collectors and operating mechanical equipment in an I District located more than 100 feet from another zoning district boundary, shall be screened from view on all sides. Equipment to be screened includes,but is not limited to, heating, air conditioning, refrigeration equipment,plumbing lines, ductwork, and transformers. Screening of the top of equipment may be required by the Director, if necessary to protect views from an R or OS district. Rooftop mechanical equipment shall be setback 15 feet from the exterior edges of the building. B. Utility Meters and Backflow Prevention Devices. Utility meters shall be screened from view from public rights-of-way. Electrical transformers in a required front or street side yard shall be enclosed in subsurface vaults. Backflow prevention devices shall not be located in the front yard setback and shall be screened from view. C. ScreeningSpecifications. A mechanical equipment plan shall be submitted to the Director to ensure that the mechanical equipment is not visible from a street or adjoining lot. 230.78 Refuse Storage Areas A: Refuse storage area screened on three sides by a 6-foot masonry wall and equipped with a - - - gate, or located within a building, shall be provided prior to occupancy for all multi-family residential, commercial, industrial, and public/semipublic uses. Locations, horizontal dimensions, and general design parameter of refuse storage areas shall be as prescribed by the Director, subject to appeal to the Planning Commission. The trash area shall not face a street or be located in a required setback. The design and materials used in such trash enclosures shall harmonize with the main structure. 230.80 Antennae A. Purpose. The following provisions are established to regulate installation of antennae to protect the health, safety, and welfare of persons living and working in the City and to preserve the aesthetic value and.scenic quality of the City without imposing unreasonable limitations on, prevent the reception of signals, or imposing excessive costs on the users of the antennae. B. Permit Required. Approval by the Director shall be required for the installation of an antenna or satellite antenna to ensure compliance with the locational criteria. Construction shall be subject to the provisions of the Uniform Building Code and National Electrical Code, as adopted by the City. Within the coastal zone, approval of a coastal development permit shall be required for installation of any antenna that meets the definition of development in Section 245.04 unless it is exempt pursuant to Section 245.08. (3334-6197,3s6s-9/02) V - � •2� 0 Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-31 9102 e C. Locational Criteria: Satellite Antennae. A satellite antenna may be installed on a lot in any zoning district if it complies with the following criteria: 1. Number: Only one satellite antenna may be permitted on a residential lot. 2. Setbacks: Interior side and rear property lines, 10 feet, except that no setback shall be required in interior side and rear setback areas if the antenna or satellite antenna does not' exceed 6 feet in height. No antenna or satellite antenna shall be located in a required front yard. When roof-mounted, the antenna or satellite antenna shall be located on the rear one-half of the roof. (3568-9/02) 3. Maximum Height: a. The maximum height of a satellite antenna shall not exceed 10 feet if installed on the ground or the maximum building height for the district in which the satellite antenna is located, if roof-mounted. (3568-9/02) b. The maximum height of an antenna shall not exceed the maximum building height for the district in which the antenna is located. (3568-9/02) 4. Maximum Dimension: The maximum diameter of a satellite antenna shall not exceed 10 feet in all districts with the exception that the diameter may be increased in non-residential districts if a conditional use permit is approved by the Zoning Administrator. (356&9/02) 5. . Screening: The structural base of an antenna or satellite antenna, including all bracing . and appurtenances,but excluding the antenna-or dish itself, shall be screened from public - . view and adjoining properties by walls, fences, buildings, landscape, or combinations thereof not less than 7 feet high so that the base and support structure are not visible from " beyond the boundaries of the site at a height-of-eye 6 feet or below. (3568-9/02) 6. Undergrounding: All wires and'or cables necessary for operation of the antenna or satellite antenna or reception of the signal shall be placed underground, except for wires or cables attached flush with the surface of a building or the structure of the antenna or satellite antenna. (3568-9/02) 7. Surface Materials and Finishes: No advertising or text or highly reflective surfaces shall be permitted. 8. Exception: Requests for installation of an antenna or satellite antennae on sites that are incapable of receiving signals when installed pursuant to the locational criteria may be permitted subject to conditional,use permit approval by the Zoning Administrator. The applicant shall submit documentation that installation at a height greater than permitted, or in another yard area, is necessary for the reception of usable antenna or satellite signals. Applications shall be approved upon finding that the aesthetic value and scenic quality of the City is preserved, pedestrian or vehicular traffic vision is not obstructed, and upon the findings contained in Chapter 241. (3568-9/02) 230.82 Performance Standards For All Uses A. Applicability and Compliance. The development standards set forth in this section apply to every use classification in every zoning district unless otherwise specifically provided. The Director may require evidence of ability to comply with development standards before issuing an entitlement. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 � v\ _)_ � 1 t 230-32 9/02 e B. Air Contaminants. Every use must comply with rules, regulations and standards of the South Coast Air Quality Management District(SCAQMD). An applicant for a zoning permit or a use, activity,or process requiring SCAQMD approval of a permit to construct must file a copy of the SCAQMD permit with the Director. An applicant for a use, activity, or process that requires SCAQMD approval of a permit to operate must file a copy of such permit with the Director within 30 days of its approval. C. Storage On Vacant Lot. A person may not store, park,place, or allow to remain in any part of a vacant lot any unsightly object. This does not apply to building materials or equipment for use on the site during the time a valid building permit is in effect for construction on the premises. 230.84 Dedication and Improvements A. Dedication Required. Prior to issuance of a building permit, or prior to the use of land for any purpose, all real property shall be dedicated or irrevocably offered for dedication which the City requires for streets, alleys, including access rights and abutters'rights, drainage, public utility easements, and other public easements. In addition, all streets and alleys shall be improved, or an agreement entered into for such improvements including access rights and abutters' rights, drainage, public utility easements, and other easements. B. Exceptions. Dedication shall not be required prior to issuance of a building permit for: 1. Interior building alterations'which do not exceed a third of the value of a building, as defined in the Uniform Building Code, and which effect no change of occupancy. 2.. Exterior building alterations or additions for a residential use which do not exceed a third of the value of the building, as defined in the Uniform Building Code, and add no - - additional residential units. 3. Fences and walls. 4. Temporary uses, as specified in this code. 5. Horticultural Uses. The dedication herein required may be reviewed at the time of entitlement. Upon request by the applicant, a temporary postponement, not to exceed one (1) year, may be granted upon consideration of the following criteria: a. Type of horticultural use proposed. b. Duration (temporary or permanent). c. Vehicular access and effect of the proposed use on traffic in the vicinity of the site. d. Relationship between the proposed requirements and an anticipated expanded use. e. Dedication shall not be required for any purpose not reasonably related to such horticultural use. C. Dedication Determinants. Right-of-way dedication width shall be determined by either of the following: 1. Department of Public Works standard plans; or P P � f Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-33 5100 2. A precise plan of street, highway or alley alignment. D. Improvements. 1. No building permit shall be issued by the Building Division until an application for permit has been filed, street improvements plans and specifications have been submitted for plan check, and all fees, established by resolution of the City Council, have been paid. The Building Division shall issue such building permit after determining that the work described in the application and the accompanying plans conforms to requirements of the Huntington Beach Building Code and other pertinent laws and ordinances. 2. The Building Division shall make a frame inspection, as required by the Huntington Beach Building Code, at which time all off-site improvements, including curbs, gutters, and street paving, shall be completed. 3. Improvements required by this code may be deferred in the following instances and upon adherence to the following requirements and regulations: a. Where the grade of the abutting right-of-way has not been established prior to the time when on-site structures qualify for final release for occupancy. b. Where a drainage system would be delayed by the installation of improvements. c. Where an agreement is entered into with the City to install improvements by a date certain, said agreement shall be secured by a bond or deposit equal to 150 percent of the.City's estimate (including inflation estimates) of the required improvements. Such bond or cash.shall be deposited with the City Treasurer. d. Where the developer has agreed with the City in writing that the deposit required by subsection (3) of this section may be used by the City after an agreed upon time to complete the required improvements, the remainder of such deposit, if any, shall be returned to the developer upon completion of such improvements by the City. e. The Director of Public Works is authorized to receive applications from persons desiring waivers of street improvement requirements and to enter into the necessary written agreements with such applicants. A non-refundable fee set by resolution of the City Council shall accompany such application. 4. Where construction is limited to one lot and the erection of a detached single family dwelling thereon, street improvements shall include curb, gutter, sidewalk, street trees, street lights, sewer and water main extensions, and ten(10) feet of street paving to meet Department of Public Works standards. Where necessary, temporary paving shall be - installed to join existing street improvements. 230.86 Seasonal Sales A temporary sales facility for the sale of seasonal products including Christmas trees, Halloween pumpkins, or a single, season agricultural product not grown on site are permitted adjacent to any arterial highway in any district and on all church or school sites as a temporary use approved by the Director and in compliance with the following: Huntington Beach Zoning and Subdivision Ordinance Chapter 230 �� � 230-34 6197 I e A. Time Limit. 1. A Christmas tree sales facility shall not be open for business during any calendar year prior to Thanksgiving. 2. A Halloween pumpkin sales facility shall not be open for business during any calendar year prior to.October L. 3. A single agricultural product sales facility shall be approved for a period of time not to exceed 90 days. B. Merchandise to be Sold. A permitted Christmas tree or Halloween pumpkin sales facility may not sell items not directly associated with that season. Only one single, season agricultural product may be sold at any one time. C. Site Standards. 1. Storage and display of products shall be set back not less than ten (10) feet from edge of street pavement, and shall not encroach into the public right-of-way. 2. A minimum of ten (10) off-street parking spaces shall be provided. 3. Ingress and egress to the site shall be reviewed by the•Department of Public Works to insure that no undue traffic safety hazard will be created. 4. Temporary structures shall comply with Building Division standards. 5. Electrical permit shall be obtained if the facility is to be energized. 6. The facility shall comply with fire prevention standards as approved and enforced by the Fire Chief. D. Bond Required. Prior to issuance of a business license and approval by the Director, a five hundred dollar($500) cash bond shall be posted with the City to ensure removal of any structure, cleanup of the site upon termination of the temporary use, and to guarantee maintenance of the property. A bond shall not be required for a seasonal sales facility operated in conjunction with a use on the same site. E. Removal of facility. The seasonal sales facility shall be removed and the premises cleared of all debris and restored to-the condition prior to the establishment within ten calendar days of Halloween, Christmas, or the expiration of the time limit for single season agricultural product. 230.88 Fencing and Yards No portion of a required yard area provided for a structure on a lot shall be considered as part of the yard area for any other structure on the same or an adjacent lot. In all districts, minimum setback lines shall be measured from the ultimate right-of-way line. Diagrams A, B and C are hereby adopted to illustrate the provisions of this chapter. Where any discrepancy occurs between the diagrams and the printed text, the text shall prevail. Yards and fencing shall comply ,xith the following criteria in all districts or as specified. nuntington Beach Zoning and Subdivision Ordinance -`apter 230 230-35 3199 A. Permitted Fences and Walls. 1. Fences or walls a maximum of forty-two (42) inches in height may be located in any portion of a lot, except screen walls on lots in the RMH-A subdistrict shall be set back a minimum of three (3) feet from the front property line. Fences or walls exceeding forty-two (42) inches in height may not be located.in the required front yard, except as permitted elsewhere in this Section. (3334-6197,3410-3/99) 2. Fences or walls a maximum of six(6) feet in height may be located in required side and rear yards, except as excluded in this Section. Fences or walls exceeding six(6) feet in height may be located in conformance with the yard requirements applicable to the main structure except as provided for herein or in the regulations of the district in which they are located. a. Fences and walls located adjacent to arterials along the rear and/or street side yard property lines, and behind the front setback, may be constructed to a maximum total height of eight(8) feet including retaining wall with the following: (3525-2/02) (1) The proposed building materials and design shall be in conformance with the Urban Design Guidelines. (35252/02) (2) Extensions to existing wall(s) shall require submittal of engineering calculations to the Building and Safety Department. (3525-2/02) (3) The property owner shall be responsible for the care and maintenance of landscape area(s) and wall(s) and required landscape area(s). (3525-2/02) (4) Approval from Public Works Department. (3525-2102) 3. Fences or walls in the rear yard.setback area of a through-lot shall not exceed forty-two. (42) inches in height.. This subsection.shall not apply to lots abutting`arterial highways: 4. In the RL district, garden or wing walls or fences equal in height to the first floor double plate, but not exceeding nine (9) feet, which are perpendicular to and entirely within a side yard may be constructed to the interior side property line and to within five (5) feet of the exterior side property line provided they are equipped with a three (3)foot gate or accessway. 5. When residential property abuts open or public land or property zoned or used for office, commercial, or industrial purposes, an eight(8) foot high solid masonry or block wall may be constructed on the common side or rear property he. 6. Only at the time of initial construction of the dwellings and i1n order to allow variations in the street scene in R districts, fences or walls exceeding forty-two (42) inches in height may be permitted at a reduced front setback of six(6) feet subject to plan review approval by the Director in conformance with the following criteria: a. The reduced setback shall be only permitted for five (5) or more contiguous lots under the same ownership . b. Such walls shall not encroach into the visibility triangular area formed by measuring seven and one-half(7.5) feet along the driveway and ten (16) feet along the front property line at their point of intersection. c. Such walls shall conform to all other applicable provisions of this section. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230.36 2/02 a . s 7. Retaining walls shall comply with the following: a. Where a retaining wall is located on the property line separating lots or parcels and protects a cut below the natural grade, such retaining wall may be topped by a fence, wall or hedge of the same height that would otherwise be permitted at the location if no retaining wall existed. b. Where a retaining wall is on the property line of a rear yard abutting an arterial or exterior side yard and contains a fill of two (2) ft. or less or protects a cut below the existing grade, such retaining wall may be topped with a six(6) ft. decorative masonry wall. c. Where a retaining wall is on the property line of a rear yard abutting a local street, the maximum retaining wall height shall be twenty-four(24) inches as measured from the adjacent curb and may be topped with a maximum eighteen (18) inch decorative wall or fence for a total height of forty-two (42) inches. d. (1) The maximum height of a retaining wall on the front property line shall be thirty-six(36) inches as measured from the top of the highest adjacent curb. Subject to the Director's approval, a maximum forty-two (42) inch high wall or fence may be erected above the retaining wall with a minimum three (3) foot setback from the front property line. (3334-6/97,3410-3/99) (2) In the RMH-A subdistrict, the maximum height of a retaining wall on the front property line shall be eighteen (18) inches as measured from the top of the highest adjacent curb. Subject to the Director's approval, a second retaining wall up..to eighteen (18) inches in height may erected above the eighteen,(18)inch high retaining wall with_a minimum three(3) foot front setback. A"wall or fence up to forty-two (42) inches in height may be erected on top of the retaining wall- - with the minimum three foot front setback. (See Exhibit below.) (3410-3/99) Required Tree/Palm Landscaping Front Building* nronerty line t i Max.42" Patio Max.18" Retainine Walls Sidew•ak?arkway Max.1B" *See Maximum building height in Chapter 210 J Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-37 3/99 a e. All retaining walls abutting a street shall be waterproofed to the satisfaction of the Director. f. Retaining wall and fence combinations over eight(8) feet in height shall be constructed with a variation in design or materials to show the distinction. Retaining wall and fence combinations over six(6) feet.iii height shall be designed without. . decorative block or cap block, except if equal in strength to the main portion of the fence. 8. The height of any fence,wall or hedge located in the front yard setback shall be measured from top of the highest adjacent curb. All other fence heights shall be measured from existing grade. 9. Any fence or wall located on the front property line shall be approved by the Department of Public Works. 10. In the industrial districts, nine (9) foot high fences may be permitted in the side and rear setbacks up to the front building line subject to plan review approval by the Director. 11. Deviations from the maximum height requirements for walls as prescribed by this Section maybe permitted subject to an roy ay al of conditional use permit by the Zoning Administrator. In the RL and VA Districts deviations from maximum height requirements for walls in front yard setback may be permitted subject to the following conditions and plan review approval from the Director: a. Proposed wall/fence shall match existing fencing material of subject site or an improvement thereto; and = b. A minimum ten foot setback in the RL District, and seven foot setback in the RMH-A District shall be maintained for any fence over 42 inches in height in the front yard setback which may be constructed to a maximum height of six feet; and c. Front setback shall be fully landscaped; and d. Hardscape shall not qualify as required landscaping; and e. Location of fence shall comply with visibility requirements of this section; and f. Neighborhood Notification shall be required pursuant to Chapter 241. 12. Within the coastal zone, no gate, fence or wall shall be permitted that restricts or obstructs public access to the shore. (3334-6i97) B. Required Walls. 1. When office, commercial or industrial uses abut property zoned or used for residential, a six (6) foot high solid six(6) inch concrete block or masonry wall shall be required. If a wall meeting these standards already exists on the abutting residential property, protection from vehicle damage shall be provided by a method approved by the Director. The maximum fence height shall be eight(8) feet at the common property line, subject to the same design standards and setback requirements as specified for six(6) foot high fences. 2. Industrial screening walls abutting arterial highways shall be architecturally compatible with surrounding properties, constructed of a minimum six(6) inch wide decorative masonry block, and designed with landscape pockets at thirty-five (35) foot intervals along the street side sufficient in size to accommodate at least one (1) 15-gallon tree. Approval of a eenditional use paFmi4 by the '^ ng AdFainistfate-Director shall be required prior to construction of such walls. V) __ 1 '­�-I-) -) a C. Visibili 1. On reverse corner lots and corner lots abutting an alley, no fence, wall or hedge greater than forty-two (42) inches in height may be located within the triangular area formed by measuring ten (10) feet from the intersection of the rear and street side property lines. 2. On comer lots; no fence, wall,landscaping,berming, sign,or other visual.obstruction between forty-two (42) inches and seven(7) feet in height as measured from the adjacent curb elevation may be located within the triangular area formed by measuring twenty-five Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-38 6197 (25) feet from the intersection of the front and street side property lines or their prolongation. Trees trimmed free of branches and foliage so as to maintain visual clearance below seven (7) feet shall be permitted. 3. Visibility of a driveway crossing a street or alley property line or of intersecting driveways shall not be blocked between a height of forty-two (42) inches and seven (7) feet within a triangular area formed by measuring ten (10) feet from intersecting driveways or street/alley and driveway. pRopFR14�Nf �2, GURB NR`GN� , 230-CORD DIAGRAM A r - . - • . - • - - . • - - - - - - - • - - - - - - - - . . _ . . _ . ' r.. o �o• 10 10• —10. — — — 90• — 10. 10.— 10• 2]O-6etb STREET/ALLEY DIAGRAM B Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-39 6197 a REVERSE CORNER LOT CORNER LOT INTERIOR LOT CORNER LOT ABUTTING ALLEY 25' ; 29 I i � i �I is I i � Iv -4-11a� THROUGH THROUGH LOT CORNER LOT HEIGHT MEASUREMENT OF FENCE OR WALL S, j�' "' I.- +� A 42 inch high fence may be constructed on any portion of the lot. 'I ! Indicates that i portion of the lot on which a , 6 foot high fence may constructed. i W Indicates minimum front yard setback. I 1�. Diagram C . U ezAa rawauwasosu¢ew 230.90 Contractor's Storage Yards/Mulching Operation Contractor's storage yards in conjunction with public facility improvement contracts, and mulching operations on unimproved public or private property may be permitted subject to the following: . A. Initial approval shall be for a maximum of two(2) years. The use shall be eligible for a maximum of three one year extensions by the Planning Commission. B. The development shall comply with parking, access and setback requirements contained in Chapter 231. 230.92 Landfill Disposal Sites Excavation of landfills or land disposal sites shall be subject to the requirements of this section. These provisions are not intended to apply to grading and surcharging operations, permitted Huntington Beach Zoning and subdivision Ordinance Chapter 230 230-40 6/97 e under Appendix Chapter 70 of the Uniform Building Code. Permits for grading on previously approved development projects shall be subject to approval of the Director. A. Land Disposal Site/Definitions. The following words and phrases shall be construed as defined herein unless a different meaning is apparent from the context: 1. Excavation. Any activity and/or movement of material which exposes waste to the atmosphere. 2. Land disposal site. Any site where land disposal of Group I, II or III waste, as defined by the California Administrative Code, has been deposited either legally or illegally on or into the land, including but not limited to landfill, surface impoundment, waste piles, land spreading,dumps, and coburial with municipal refuse. B. Operations Plan. 1. No person shall conduct any excavation activity at any land disposal site in the City of Huntington Beach without first submitting to the City an operations plan approved by the Director. Such plan shall include complete information regarding the identity, quantity and characteristics of the material being excavated, including a chemical analysis performed by a laboratory acceptable to the City, together with the mitigation measures that will be used to insure that health hazards, safety hazards, or nuisances do not result from such activity. 2. Mitigation measures contained in the operations plan may include gas collection and disposal.of waste, encapsulation,.covering waste, chemical neutralization, or any other measures deemed necessary by the City. 3. Ambient air quality monitoring, as well as other monitoring or testing deemed reasonably' = _ necessary, shall be included in the operations plan. C. Approval of Operations Plan. 1. The City shall not approve an operations plan unless such plan includes provisions for the immediate cessation of excavation activity when the operator, or any agent thereof, of a land disposal site has been notified by the City that a nuisance, health, or safety hazard has or is about to occur as a result of such activity therein. 3. Upon determination by any government agency that a nuisance, safety, or health problem exists on any land disposal site in the City,mitigation measures, contained in the operations plan, shall be implemented immediately. D. Hazardous Waste Sites. For any land disposal site determined to be a hazardous waste site by the State Department of Toxic Substances Control 14eait' Seni and/or the City of Huntington Beach, the following additional measures shall be taken prior to excavation of such site: 1. All property owners within a half mile radius of the site shall receive written notice of all public hearings to be held regarding proposed excavation on the site. The cost of preparing and mailing such notice shall be paid by the operator/applicant. 2. A type of bond, acceptable to the City Attorney, shall be posted by the operator/applicant insuring that necessary funds are available to restore the site to a safe condition if excavation is prematurely terminated. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 �^ / � � 230-41 6/97 lJ�/ e 3. Excavation of the site shall be performed in accordance with the requirements of the State Department of Toxic Substances Control Health Set=., .o�, and any other public agency with jurisdiction over hazardous waste sites. E. Operations Plan Contents. The.operations plan shall contain the following: 1. A plan establishing lines of authority and responsibility between public agencies and the operator/applicant, or his agents, during excavation. The plan shall contain specific procedures to be followed by all responsible parties involved with the excavation. 2. A plan containing specific measures to monitor air quality to be implemented during excavation to prevent the exposure of on-site workers or area residents to unhealthful vapors from the site. If deemed necessary by the State Department of Health Services, the plan shall also include specific measures for evacuation of residents in the vicinity of the site. 3. A plan showing specific routes for vehicles transporting hazardous wastes from the site. 4. A plan containing specific steps for restoration of the site to a safe condition if excavation is terminated prematurely. F. Exemptions. The following activities shall be exempt from the requirements of this section unless otherwise determined by the Director: L The drilling of holes up to twenty-four(24.) inches in diameter for telephone or power, transmission poles or their footings: 2. The drilling of oil wells, gas wells or landfill gas collection wells or the maintenance of gas or leachate collection systems. 3. Any excavation activity which has been determined by the Director to pose an insignificant risk, or any activity which has been covered sufficiently in a plan prepared for any other agency having jurisdiction over the site. G. Excavation Activity Prohibited. 1. No person shall excavate at any land disposal site in the City of Huntington Beach unless he or she first certifies that all applicable regulations of other public agencies with jurisdiction over hazardous waste sites have been met. 2. Compliance with the.provisions of this section..shall not exempt any person from failing to comply with the requirements of the California Health and Safety Code, and any other applicable codes, rules or regulations. 230.94 Carts and Kiosks. Carts and kiosks may be permitted on private property zoned for commercial purposes, subject to approval by the Planning Director and compliance with this section. Carts and kiosks may be permitted as a temporary use on public property subject to Specific Event approval pursuant to Chapter 5.68. (3249-6/95;3482-12/00;3525-2/02) A. Location and Design Criteria. Cart and kiosk uses shall conform to the following: (3249-6/95) 1. No portion of a cart or kiosk shall overhang the property line. (3249-6/95) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-42 2/02 e 2. The cart or kiosk shall not obstruct access to or occupy a parking space; obstruct access to a parked vehicle, impede the delivery of materials to an adjoining property, interfere with access to public property or any adjoining property, or interfere with maintenance or use of street.furniture. If any existing parking spaces will be,displaced or partially or totally . blocked by the proposed cart or kiosk, those spaces must be replaced on-site at a one-to- one (1:1) ratio. (3249-6/95) 3. The cart or kiosk shall not exceed a maximum of four(4) feet in width excluding any wheels, eight (8) feet in length including any handle, and no more than six (6) feet in height excluding canopies, umbrellas or transparent enclosures unless a larger size is approved. (3249-6/95,3525-2/02) 4. A limit of one cart or kiosk shall be allowed for each commercial business that meets the above locational and design criteria. B. Factors to Consider. The following factors shall be considered regarding the location and the design of cart or kiosk uses including: (3249-6/95,3525-2/02) 1. Appropriateness of the cart or kiosk design, color scheme, and character of its location; (3249-6/95) 2. Appropriateness and location of signing and graphics; (3249-6/95) 3. The width of the sidewalk or,pedestrian accessway;. (3249-6/95) 4. The proximity and location of building entrances; (3249-6/95) 5. Existing physical obstructions including, but not limited to signposts, light standards, parking meters,benches, phone booths, newsstands, utilities and landscaping; (3249-6/95) 6. Motor vehicle activity in the adjacent roadway including but not limited to bus stops, truck loading zones, taxi stands, hotel zones,passenger loading or parking spaces; (3249-6/95) 7. Pedestrian traffic volumes; and (3249-6/95) 8. Handicapped accessibility. (3249-6/95) C. Operating Requirements, Provisions and Conditions. I. During hours of operation, the cart or kiosk must remain in the location specified on the approved site plan. (3249-6/95) 2. A cart or kiosk operator shall not sell to or solicit from motorists or persons in vehicles. 3. The cart or kiosk operator shall pay all fees and deposits required by the Huntington Beach Municipal Code prior to the establishment of the use. (3249-6/95) 4. All provisions of the Huntington Beach Municipal Code which are not in conflict with this section shall apply. (3249-6/95) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 �q3 230-43 2102 6 �. I 5. The prices of items sold from a cart or kiosk must appear in a prominent, visible location in legible characters. The price list size and location shall be reviewed and approved by the Planning Director. (3249-6/95;3525-2/02) 6. The sale of alcoholic beverages shall be prohibited. .(3249-6/95) 7. The number of employees at a cart or kiosk shall be limited to a maximum of two (2) persons at any one time. (3249-6/95) 8. Fire extinguishers may be required at the discretion of the Fire Department. (3249-6/95) 9. All cart and kiosk uses shall be self contained for water, waste, and power to operate. (3249-6/95) 10. A cart or kiosk operator shall provide a method approved by the Planning Director for disposal of business related wastes. (3249-6/95,3525-2/02) D. Parking. Additional parking may be required for cart or kiosk uses by the Planning Director. (3249-6P95,3525-2/02) E. Review; Revocation. The Planning Department shall conduct a review of the cart or kiosk operation at the end of the first six(6) month period of operation. At that time, if there has been a violation of the terms and conditions of this section or the approval, the approval shall be considered for revocation. (3249-6/95:3525-2/02) F ite d.N eighb o rho o d.Notification.:*Pursuant to Chapter 241. Ten tine-f6l19wing. (3525 M2) 2. Leea4iea ef planned development-6r use, iffeluding addr-es i �coc o/no 3.Natur-e of the proposed deyelepment shall e fully diselesed in he-avtfee-. a�e2-2 Planning4. Depaf4ment phene number-and address ef City Hall shall be pr-avided in the 5 Tho date by which any efnf st he eeeiyed f tiag by the Dl F Planning De aft«.. „t shaJ4 rnnoic entire-riot inelu inn Rafne and address ftl, 230.96 Wireless Communication Facilities A. Purpose. All wireless communication facilities shall comply with these requirements and guidelines in order to regulate the location and design of wireless facilities for the protection of public safety, general welfare, and quality of life in the City of Huntington Beach. 3568-9/02) "1 J Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-44 9102 e B. Permit Required. 1. Administrative approval by the Director may be granted for proposed wireless communication facilities (including but not limited to ground mounted,co-located;wall, roof, or utility mounted) that are: (35.68-9/02) a. Co-located to approved facilities at existing heights or complies with the base district height limit for modified facilities, and compatible with surrounding buildings and land uses by incorporating stealth techniques; or (3568-9/02) b. Completely stealth facilities and complies with the base district height limit; or (3568-9/02) c. Facilities in non-residential districts and in compliance with the maximum building height permitted within the zoning district; and (3568-9/02) 1. Screened from view and not visible from beyond the boundaries of the site at eye level (six feet); or (3568-9/02) 2. Substantially integrated with the architecture of the existing building or structure to which it is to be mounted; or (3568-9/02) 3. Designed to be architecturally compatible with surrounding buildings and land uses by incorporating stealth techniques. (3568-9/02) 2. .:Conditional-use'permit approval by the Zoning Administrator shall be-required for all: proposed wireless communication facilities(including but not lirriited to ground mounted, co-located, wall, roof or utility mounted) that are: (3568-9/02) a. Exceeding the maximum building height permitted within the zoning district; or (3568- 9/02) b. Visible from beyond the boundaries of the site at eye level (six feet);or (3568-9/02) c. Not substantially integrated with the architecture of the existing building or structure to which it is to be mounted; or (3568-9/02) d. Not designed to be architecturally compatible with surrounding buildings and land uses; Or.(3568-9/02) e. Facilities in residential districts that do not meet B.La or B. .b. (3568-9/02) 3. Design review shall be required for wireless communication facilities located in redevelopment areas, on public right-of-ways, in OS-PR and PS zones, in areas subject to specific plans, on or within 300 feet of a residential district, and in areas designated by the City Council. Design review is not required for wireless communication facilities that comply with section B.1. (3568-9/02) C. Definitions. For the purpose of this section, the following definitions for the following terms shall apply: (3568-9/02) y 1. Accessory Structure. Any structure or equipment that is to be located ancillary to an antenna or antennas in the establishment and o eration of a wireless communication facility. (3568-9/02) Huntington Beach Zoning and Subdivision Ordinance v\ Chapter 230 230-45 cm� e 2. Co-Location or Co-Located. The location of multiple antennas which are either owned or operated by more than one service provider at a single location and mounted to a common supporting structure, wall or building. (3568-9/02) 3. Completely Stealth Facility. Any stealth facility that has been designed to completely screen all aspects of the facility including appurtenances and equipment from public view. Examples of completely stealth facilities may include,but are not limited to architecturally screed roof-mounted antennas, fagade mounted antennas treated as architectural elements to blend with the existing building, flagpoles, church steeples, fire towers, and light standards. (3568-9/02) 4. Ground Mounted Facility. Any wireless antenna that are affixed to a pole, tower or other freestanding structure that is specifically constructed for the purpose of supporting an antenna. (3568-9/02) 5. Microwave Communication. The transmission or reception of radio communication at frequencies of a microwave signal (generally, in the 3 GHz to 300 GHz frequency spectrum). (3568-9/02) 6. Pre-existing Wireless Facility. Any wireless communication facility for which a building permit or conditional use permit has been properly issued prior to the effective date of this ordinance, including permitted facilities that have not yet been constructed so long as such approval is current and not expired. .(356&9/02) 7. Roof Mounted. Any wireless antenna directly_attached or affixed to the roof of an - existing building, water tank, tower or structure other than a telecommunications tower. (3568-9/02) 8. Stealth Facility or Techniques. Any wireless communication facility, which is designed to blend into the surrounding environment, typically, one that is architecturally integrated into a building or other concealing structure. See also definition of completely stealth facility. (3568-9/02) 9. Telecommunication Facility. A wireless communication facility that is either wall mounted,utility mounted, or roof mounted. (3568-9/02) 10. Utility Mounted. Any wireless antenna mounted to an existing above-ground structure specifically designed and originally installed to support utilities such as but not limited.to electrical power lines, cable television lines,telephone lines, non-commercial wireless service antennas, radio antennas, street lighting, recreational facility lighting, traffic signal equipment or any other utility which meets the purpose and intent of this definition. (3568- 9/02) 11. Wall Mounted. Any wireless antenna mounted on any vertical or nearly vertical surface of a building or other existing structure that is not specifically constructed for the purpose of supporting an antenna(including the exterior walls of a building, an existing parapet, the side of a water tank, the face of a church steeple, or the side of a freestanding sign) such that the highest point of the antenna structure is at an elevation equal to or lower than the highest point of the surface on which it is mounted. (3568-9/02) Huntington Beach Zoning and Subdivision Ordinance Ch44er 230 230-46 9/02 yd 12. Wireless Communication Facility or Facility. An antenna structure and any appurtenant facilities or equipment that are used in connection with the provision of wireless communication service, including, but not limited to digital, cellular and radio service. (3568-9/02) D. Applicability. (3568-9/02) 1. All wireless communication facilities which are erected, located, or modified within the City of Huntington Beach on or following the effective date of section 230.96 shall comply with these guidelines, subject to the categorical exemptions under subparagraph (3) of this section,provided that: (3568-9/02) a. All facilities, for which applications were determined complete by the Planning Department prior to the effective date of this section, shall be exempt from these regulations and guidelines. (3568-9/02) b. All facilities for which Building and Safety issued building permits prior to the effective date of section 230.96 shall be exempt from these regulations and guidelines, unless and until such time as subparagraph (2) of this section applies. (3568-9/02) c. Any facility,which is subject to a previously approved and valid conditional use permit, may be modified within the scope of the applicable permit without complying with these regulations and guidelines. (3568-9/02) 2. All facilities for which building permits,and any extension thereof have expired shall comply with the provisions of section.230.96. (3568-9/02). 3. The following uses shall be exempt from the provisions of section 230.96 until pertinent federal regulations are amended or eliminated. See Section 230.80 (Antennae) for additional requirements. (3568-9/02) a. Any antenna structure that is one meter(39.37 inches) or less in diameter and is designed to receive direct broadcast satellite service, including direct-to-home satellite service for television purposes, as defined by Section 207 of the Telecommunication Act of 1996, Title 47 of the Code of Federal Regulations, and any interpretive decisions thereof issued by the Federal Communications Commission (FCC). (3568- 9/02) b. Any antenna structure that is two meters (78.74 inches) or less in,diameter located in commercial or industrial zones and is designed to transmit or receive.radio communication by satellite antenna.°(3568-9/02) c. Any antenna structure that is one meter(39.37 inches) or less in diameter or diagonal measurement and is designed to receive Multipoint Distribution Service, provided that no part of the antenna structure extends more than five (5) feet above the principle building on the same lot. (3568-9/02) d. Any antenna structure that is designed to receive radio broadcast transmission. (3568-9/02) e. Any antenna structure used by authorized amateur radio stations licensed by the FCC. (3568-9/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Ic\ 1—� 1 "—) 230-47 9102 e E. Facility Standards. 1. Aesthetics: a. Facility: All screening used in conjunction with a wall or roof mounted facility shall be compatible with the architecture of the building or other structure to which it is :mounted, including color, texture and materials. All ground mounted facilities shall ; be designed to blend into the surrounding environment, or architecturally integrated into a building or other concealing structure. (3568-9/02) b. Equipment/Accessory Structures: All equipment associated with the operation of the facility, including but not limited to transmission cables, shall be screened in a manner that complies NVith the development standards of the zoning district in which such equipment is located. Screening materials and support structures housing equipment shall be architecturally compatible with surrounding structures by duplicating materials and design in a manner as practical as possible. If chain link is used, then it must be vinyl coated and not include barbed wire. (3568-9/02) c. General Provisions: All Wireless Communication Facilities shall comply with the Huntington Beach Urban Design Guidelines. (3568-9/02) 2. Buildinn Codes: To ensure the structural integrity of wireless communication facilities, the owners of a facility shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for facilities that are published by the Electronic Industries Association, as amended from time to time. (3568-9/02) 3. Conditions of Approval` Acceptance of conditions by the applicant and property owner- shall be ensured by recordation of the conditions on the property title. (3568-9/02) 4. Federal Requirements: All Wireless Communication Facilities must meet or exceed current standards and regulations of the FCC, and any other agency of the state or federal government with the authority to regulate wireless communication facilities. (3568-9/02) 5. Interference: To eliminate interference the following provisions shall be required for all wireless communication facilities regardless of size: (3568-9/02) a. Prior to issuance of a building permit, the applicant must submit the following information to the Police Department for review: (3568-9/02) 1. All transmit and receive frequencies; (3568-9/02) 2. Effective Radiated Power(ERP); (3568-9/02) 3. Antenna height above ground, and (3568-9/02) 4. Antenna pattern,both horizontal and vertical(E Plane and H Plane). (3568-9/02) b. At all times, other than during the 24-hour cure period, the applicant shall comply with all FCC standards and regulations regarding interference and the assignment of the use of the radio frequency spectrum. The applicant shall not prevent the City of Huntington Beach or the countywide system from having adequate spectrum capacity on the City's 800 MHz voice and data radio frequency systems. The applicant shall cease operation of any facility causing interference with the City's facilities immediately upon the expiration of the 24-hour cure period until the cause of the interference is eliminated. (3568-9/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-48 9/02 rl� /y e c. Before activating its facility, the applicant shall submit to the Police and Fire Departments a post-installation test to confirm that the facility does not interfere with the City of Huntington Beach Public Safety radio equipment. The Communications Division of the Orange County Sheriff s Department or Division-approved contractor at the expense of the applicant shall conduct this test. This post-installation testing process shall be repeated for every proposed frequency addition and/or change to. confirm the intent of the "frequency planning"process has been met. (3568- /02) d. The applicant shall provide to the Planning Department a single point of contact (including name and telephone number) in its Engineering and Maintenance Departments to whom all interference problems may be reported to insure continuity on all interference issues. The contact person shall resolve all interference complaints within 24 hours of being notified. (3568-9/02) e. The applicant shall insure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of the applicant to comply. (3568-9/02) 6. Lighting: All outside lighting shall be directed to prevent"spillage" onto adjacent properties, unless required by the FAA or other applicable authority, and shall be shown on the site plan and elevations. (3568-9/02) 7. Maintenance: All facilities and appurtenant equipment shall be maintained to remain consistent with the original appearance of the facility. Ground mounted facilities shall be covered with anti-graffiti coating. (3568-9/02) - 8. Monitoring: For all wireless communication facilities, the applicant shall provide a copy of the lease agreement between the property owner and the applicant prior to the issuance = of a building permit. (3568-9/02) 9. Si;ns: The facility shall not bear any signs or advertising devices other than certification, warning, or other required seals of signage. (3568-9/02) F. Site Selection. For all wireless communication facilities, the applicant shall provide documentation that demonstrates the following: (3568-9/02) 1. Compatibility with the surrounding environment or architecturally integrated into a structure. (3568-9/02) 2. Screened or camouflaged by existing or proposed topography, vegetation, buildings or other structures.as measured from beyond the boundaries of the site at eye level(six feet). (3568-9/02) 3. Massing and location of the proposed facility are consistent with surrounding structures and zoning districts. (3568-9/02) 4. No portion of a wireless communication facility shall project over property lines. (3568- 9/02) G. Facilities in the Public Right-of-Way. Any wireless communication facility to be placed over, on or beneath the public right-of-way shall comply with the following standards: (3568-9/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 �� �230-49 9l02 1. Any wireless communication facilities to be constructed on or beneath the public right-of- way must have a franchise agreement with the City or the owner that has a wireless franchise agreement with the City, or the applicant must provide documentation demonstrating that the applicant is a state-franchised telephone corporation exempt from local franchise requirements. (3568-9/02) 2. All equipmenfassociated with the operation of a facility, including but not limited to,. transmission cables, shall be placed underground in those portions of the street, sidewalks and public rights-of-way where cable television, telephone or electric lines are underground. At no time shall equipment be placed underground without appropriate conduit. (3568-9102) 3. The City Engineer shall approve the location and method of construction of all facilities located within public rights-of-way. (3568-9/02) 4. All wireless communication facilities shall be subject to applicable City permit and inspection fees, including, but not limited to, those pertaining to encroachment permits and all applicable fees. (3568-9/02) 5. Any wireless communication facility installed, used or maintained within the public rights-of-way shall be removed or relocated when made necessary by any"project." For purposes of this section, project shall mean any lawful change of grade, alignment or width of any public right-of-way, including but not limited to, the construction of any subway or viaduct that the City may initiate either through itself, or any redevelopment agency, community facility district, assessment district, area of benefit, reimbursement agreement or generally applicable impact fee program. (3568-9/02) 6. Wireless communication facilities maybe installed on existing.utility poles;conduits and other facilities of a public-utility, with the approval of the City Engineer, provided'a franchise agreement exists allowing wireless installation. (3568-9/02) 7. Prior to the approval of any required building permits or entitlements (Conditional Use Permits, Variances, etc.) the applicant shall have a franchise agreement approved by the City Council. (3568-9/02) H. Facilities on Public Property. Any wireless communication facility to be placed over, on or beneath public property shall comply with the following standards: (3568-9/02) 1. Wireless communication facilities shall be installed in accordance with all applicable City codes and ordinances, including, but not limited to, standards for paving in the event that any undergrounding of utilities is required. (3568-9/02) 2. Any wireless communication_facilities to be constructed on or ben_eath,publicgroperty_ must have a lease agreement with the city. (3568-9/02) I. Additional Requirements. 1. Landscaping Landscape planting, irrigation and hardscape improvements may be imposed depending on the location, the projected vehicular traffic, the impact on existing facilities and landscape areas, and the visibility of the proposed facility. Submittal of complete landscape and architectural plans for review and approval by the Directors of Public Works and Planning may be required. Public Works inspectors may require additional improvements during installation based on facility impacts. (3568-9/02) Huntington Beach Zoning and Subdivision Ordinance D Chapter 230 230-50 9/02 2. Utility Agreement: If the proposed facility will require electrical power or any other utility services to the site, the applicant will be required to furnish the City's Real Estate Services Manager, either a drafted utility franchise agreement between the City of Huntington Beach and the applicant to place those lines in the public right-of-way, or a written.statement from the utility company who will be supplying the power-or other. services, that they accept all responsibility for those lines in the public right-of-way. (3568- 9/02) J. Facility Removal. 1. Cessation of Operation: Within thirty(30) days of cessation of operations of any wireless communication facility approved under this section, the operator shall notify the Planning Department in writing. The facility shall be deemed abandoned pursuant to the following sections unless: (3568-9/02) a. The City has determined that the operator has resumed operation of the wireless communication facility within six (6) months of the notice; or (3568-9/02) b. The City has received written notification of a transfer of wireless communication operators. (3568-9/02) 2. Abandonment: A facility that is inoperative or unused for a period of six(6) continuous months shall be deemed abandoned. Written notice of the City's determination of abandonment shall be provided to the operator of the facility and the owner(s) of the premises upon which the facility is located. Such notice may be delivered in person, or , mailed to the address(es) stated on the facility permit application, and shall be:deemed abandoned at the time delivered or placed in the mail. (3568-9/02) 3. Removal of Abandoned Facility: The operator of the facility and the owner(s) of the property on which it is located, shall within thirty(30) days after notice of abandonment is given either(1) remove the facility and restore the premises, or(2)provide the Planning Department with written objection to the City's determination of abandonment. Any such objection shall include evidence that the facility was in use during the relevant six- (6) month period and that it is presently operational. The Director shall review all evidence, determine whether or not the facility was properly deemed abandoned, and provide the operator notice of its determination. (3568-9/02) 4. Removal by City; At any time after thirty-one (31) days following the notice of abandonment, or immediately following a notice of determination by the Director, if applicable, the City may remove the abandoned facility and/or repair any and all damage to the premises as necessary to be in compliance with applicable codes. The City.may, but shall not be required to, store the removed facility(or any part thereof). The owner of, the premises upon which the abandoned facility was located, and all prior operators of the facility, shall be jointly liable for the entire cost of such removal, repair, restoration and/or storage, and shall remit payment to the City promptly after demand thereof is made. The City may, in lieu of storing the removed facility, convert it to the City's use,sell it, or dispose of it in any manner deemed appropriate by the City. (3568-9/02) Huntington Beach Zoning and Subdivision Ordinance Chapter230 230-51 9102 3r� . f March 16, 2004 e LEGISLATIVE DRAFT C) Chapter`233 Signs (3334-6/97,.3360-12/97,3527-2/02) Sections: 233.02 Reserved 233.04 Permits Required 233.06 Permitted Signs 233.08 Exempt Signs 233.10 Prohibited Signs 233.12 Electronic Readerboards 233.14 Readerboard Signs-Multiple Users 233.16 Subdivisional Directional Signs 233.18 Promotional Activity Signs 233.20 Planned Sign Program 233.22 Miscellaneous Signs and Provisions 233.24 Nonconforming Signs 233.26 Code Compliance 233.28 Definitions 233.02 Reserved 233.04 Permits Required Sign permits are required for all signs, unless expressly exempted under Section 233.08. A sign permit(building permit) for a new sign or change in sign panel/face shall be obtained from the Planning and Building and Safety Departments prior to installation. (3360-12/97,3527-2/02) A. Sign Permit. A complete sign application shall include the following information: (3334-6/97) 1. Two sets of fully-dimensioned plans drawn to scale. The plans shall include the following: (3334-6/97,3360-12/97) a. Site plan indicating the.location-of all proposed signs,as well as the size and location of exisring signs on he site. Photographs should be submitted if available. (3334-6/97,3360-12/97) b. Sign elevations, indicating overall square footage and letter/figure dimensions, letter style, color(indicate standard color number if applicable), materials,proposed copy and illumination method. (3334- 6/97) c. Dimensioned building elevations with existing and proposed signs depicted. (3334-6/97,3360-12/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 233 233-1 2/02 March 16, 2004 e 2. Property owner approval in the form of a letter or signature on the plans, approving the proposed signs and authorizing submission of the sign application. (3334-6/97,3360-12197) 3. For wall signs, method of attachment; for freestanding signs,_foundation,plan, sign support and attachment plan. (3334-6/.97) 4. Type and method of electrical insulation devices, where applicable. (3334-6/97) 5. Any design modification from the requirements of this chapter that have been approved shall be noted, and compliance with the planned sign program, limited sign permit, or sign code exception shall be demonstrated. (3334-6197, 3360-12/97) B. Planned Sign Program. Approval of a planned sign program pursuant to Section 233.20 shall be required prior to application for a sign permit for the following requests: (3334-6/97) 1. A site with five or more non-residential businesses or uses. (3334-6/97,3360-12/97) 2. A site with two or more freestanding identification signs where there is a request for anew freestanding sign. (3334-6/97,3360-12/97) 3. Commercial properties with 1,300 feet or more on one street frontage requesting more freestanding.signs than allowed pursuant to Section 233.06.. . (3360-12197) 4. Consolidated subdivision directional signs identifying multiple projects on multiple sign panels. (3360-12/97) 5. Service stations. (3334-6/97) 6. Wall signs for second floor businesses with exterior access. (3360-12/97) 7. Wall signs installed on a building wall not adjacent to the business suite. (3360-12/97) C. Sign Code Exception: The Director may grant approval for a sign code exception of not more than 4-0 20% in sign height or sign area. Ten (10) working days prior to submittal for a building permit, applicant shall notice adjacent property owners and tenants by first class mail. Notice of application shall include the'following: (3527- 2/02) 1. Name of applicant. (3527-2/02) 2. Location of planned development or use, including address. (3527-2/02) 3. Nature of the proposed development shall be fully disclosed in the notice. (3527-2/02) 4. Planning Department phone number and address of City Hall shall be provided in the notice to call for viewing plans. (3527-2/02) Huntington Beach Zoning and Subdivision Ordinance 1 v Chapter 233 233-2 2102 March 16, 2004 5. The date by which any comments must be received in writing by the Planning Department. (3527-2/02) 6. Planning Director shall receive entire list including name and address of those receiving"the mailing. (3527-2/02) The Design Review Board shall review and render a recommendation to the Director for sign code exception requests of more than 4.0 20% in sign height or sign area supergraphics, three-dimensional signs, and relief from the strict application of Section 233.06. The following findings shall be made prior to approval of any sign code exception: (3334-6/97,3360-12/97,3527-2/02)) 1. The sign is compatible with the character of the area and is needed due to special circumstances defined by the applicant and applicable to the property. (3334-6/97,3360-12/97) 2. The sign will not adversely affect other signs In the area. (3334-6/97) 3. The sign will not be detrimental to properties located in the vicinity. (3334-6/97) 4. The sign will not obstruct vehicular or pedestrian traffic visibility and will not be a hazardous distraction. (3334-6/97) D. Limited Sinn Permit: The owner of a sign which does not conform to the provisions of Section 233.06 may file an application for a limited sign permit to the Director for permission to change the face or copy of such sign. A limited sign permit cannot - be processed for illegal signs or signs listed as prohibited-in Section 233.10.. The Director may approve the face change and extend a sign's use for a time period - deemed appropriate, not to exceed two (2) years. A sign permit shall be obtained prior to installation of the new sign panel/face. (3334-6/97,3360-12/97) A cash bond in an amount determined by the Director to reflect the cost of removal based on information provided by a sign company shall be required to guarantee the sign's removal upon expiration of the limited sign permit. Approval shall be subject to the following findings: (3334-6197) 1. Due to unique circumstances, the sign's immediate removal will result in a substantial hardship for the applicant. (3334-6/97) 2. .The sign will not adversely affect other lawfully erected signs in the area. (3334-6/97) 3. The sign will not be detrimental to properties located in the vicinity. (3334-6/97) 4. The sign will be in keeping with the character of the surrounding area. (3334-6/97) 5. The sign will not obstruct vehicular or pedestrian traffic visibility and will not be a hazardous distraction. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 233 233-3 2/02 March 16, 2004 e E. Design Review Board. When authorized by the provisions of this code, the Design Review Board (DRB) shall review and render a recommendation to the appropriate decision maker(Zoning Administrator, Director, Planning Commission, etc.) on the following items prior to application for a sign permit to the Building Department: (3360-12197,3527-2/02) 1. Electronic Readerboard Signs.. (3360-12/97,3527-2/02) 2. Signs on properties within the following areas: (3360-12/97,3527-2/02) a. Redevelopment project areas; (3360-12/97,3527-2/02) b. Areas subject to specific plans which do not include design guidelines for signs;`�(3360-12/97,3527-2102) e.Areas within 500 feet 6f PS !-�'blie Semipublie) distFiet&, "weft 3527-2/02) dc. OS-PR(Open Space-Parks and Recreation) and OS-S (Open Space- Shoreline districts); and (3360-12/97) ed. Areas designated by the City Council. (3360-12/97) F. Temporary Sign Permits. The Director may issue a temporary sign permit valid for up to 30 days, if it is found that the temporary sign is necessary to establish or _ - maintain identity until a permanent sign can be erected.I Exterigions.of.the.30 day permit may be granted at the.discretion of the Director. The Director may also approve a temporary sign permit for the following temporary signs provided the - signs conform with the standards defined in Section 233.06: (3334-6/97,3360-12/97) l. Signs necessary to avoid a dangerous condition, including directional signs during construction. (3360-12/97) 2. Signs pertaining to a use permitted by a temporary use permit. (3360-12/97) 3. Promotional activity non-exempt signs, a maximum of 90 days per calendar year pursuant to Section 233.18. (3360-12/97) 233.06 Permitted Signs All signs shall be governed by the following schedule, except if addressed elsewhere in this. chapter. The schedule lists maximum standards for number, area, and height of allowed signs; which does not necessarily ensure architectural compatibility. Therefore, in addition to the enumerated standards, consideration shall be given to building setbacks, visibility of attached signing on the site, and the proposed sign's relationship to the overall appearance of the property, to the surrounding neighborhood, and to community goals. Compatible design, simplicity, sign effectiveness and adherence to the objectives and policies in the Urban Design Element of the General Plan shall be used as guidelines for sign approval. Nothing in this chapter shall preclude public access signage. (3334-6/97,3360-12/97) The Planning Commission may, in addition, from time to time adopt policies regarding sign standards. Such policies may include separate standards or provisions for specific areas of the community. (3334-6/97) Huntington Beach Zoning and Sut;division Ordinance Chapter 233 233-4 2102 March 16, 2004 A. COMMERCIAL DISTRICTS 1. FREESTANDING SIGNS ON ADAMS AVE., BEACH BLVD.,BROOKHURST ST., EDINGER AVE.,GOLDENWEST ST.AND WARNER AVE. MAXINIUI�i i5z NUMBER OF ..: MAXIMUM MAJdMU11 _'; LOT FRONTAGE SIGNS SIGN HEIGHT SIGN AREA a. Interior lots with less than One 10 ft. 50 sq.ft. 200 feet of street frontage +5 ft.for Bonus +25 sq.ft.for Bonus b. Interior lots with min.200 feet One 15 ft. 70 sq.ft. but less than 400 feet +5 ft.for Bonus +30 sq.ft.for Bonus C. Corner lots with the greatest One per 7 ft. 30 sq.ft. street frontage less than 400 feet street frontage +3 ft.for Bonus +15 sq.ft.for Bonus d. Interior lots with min.400 feet of One primary(P) 20 ft.(P) 100 sq.ft.(P) frontage AND Corner lots with and two secondary(S) +5 ft.for(P)Bonus +25 sq.ft.(P)Bonus min 400 feet on one street frontage signs per street 7 ft.(S) 30 sq.ft.(S) e. Regional Mall Identification Sign One per street frontage 25 ft. 100 sq.ft. One freeway sign 25 ft.above freeway 200 sq.ft. 2. FREESTANDING SIGNS ON ALL OTHER ARTERIALS NOT LISTED ABOVE MAXIMUM ; \, NUMBER OF MAXIMUM MAJdMUM: LOT FRONTAGE SIGNS SIGN HEIGHT SIGN AREA°4: _ a. Interior lots with less than One 7 ft. 50 sq.ft. 400 feet of street frontage +I fL for Bonus +10 sq.ft.for Bonus b. Corner lots with the greatest One per street 7 ft. 30 sq.ft. street frontage less than 400 feet +1 ft.for Bonus +10 sq.R for Bonus C. Interior lots with min.400 feet of One primary(P) 15 ft.(P) 70 sq.ft.(P) frontage AND Comer lots with and two secondary(S) +0.5 ft.for Bonus + 10 ft.for Bonus min.400 feet on one street frontage signs per street 7 ft.(S) 30 sq.ft.(S) 1. Bonus siens(B)shall have an opaque background,internal illumination for items of information only. 2. Multi-tenant panels are permitted provided the panels are minimum 10 inches in height,with a minimum 6 inch letter height. They shall be restricted to one uniform background color and two colors for the sign copy,with the exception that the Center Identification may have a separate background color. Sign copies shall be limited to the company name or one generic item of information. Major tenant identification shall be encouraged by being placed on the largest panel. 3. Secondary signs(S)are in addition to the Primary(P)sign. Secondary sign copy shall be limited to business identification only. 4. Street addresses shall be included on all freestanding signs with minimum six(6)inch numerals. OTHER LOCATIONAL CRITERIA FOR FREESTANDING COMMERCIAL SIGNS 1. No business shall have more than one freestanding sign facing each frontage. 2. Freestanding signs on the same site shall be located a minimum of 150 feet apart unless approved by a planned sign program. 3. A freestanding sign shall not be permitted in an area between the building and right-of-way when that portion of the building is located at the minimum setback. 4. Signs shall be located in a landscape planter a minimum of 2 feet wider than the sign itself. Square poles or other architectural treatment shall be required,except if the sign is S feet or less in height,it shall be of monument type, with a minimum 2 foot base. Placement shall conform with Diagram A. 5. No freestanding sign shall be located along a local street. Huntington Beach Zoning and Subdivision Ordinance 11 Chapter 233 1 _ 233-5 12/97 March 16, 2004 A. COMMERCIAL DISTRICTS (CONTINUED) 3. WALL SIGNS _MAXIMUM;° MAXIlIIUM .. `SITE CRITERIA TYPE ; .NUMBER v'` SIGN AREA OTHER STANDARDS;, Individual Business wall One per street or 1.5 sq.ft perlinear I. Channel letter signs required on all sites Identification parking lot ft.of business consisting of 5 or more uses. frontage for each frontage. separate business 2. Signs over 50 sq.ft shall have an opaque on the ground Business<50,000 sg. background and internal illumination for floor ft.Max.total=200 items of information only or shall be of sq.ft.* channel letter design. Signs for second floor businesses Business 50,000+s4. 3. Multi-business consolidated wall signs with exterior ft.No Max.* shall be permitted provided the signs do access may be not exceed the allowable sign area. permitted by *No sign shall Planned Sign exceed 200 sq.ft.or 4. Placement shall conform to Diagram B. Program 1.5 sq.ft,per linear ft.of the wall upon 5. One nameplate maybe placed at each which it is placed. door,loading dock,or other entrance facing a public street;max.6 sq.ft. Channel letter signs: 15%bonus after 6. Signs on projecting canopies/awnings shall above calculation. be considered wall signs. 7. Raceways shall only be permitted when unable to place electrical components within wall/parapet. under One per business 8 sq.ft. 1. Canopy signs shall be attached canopy perpendicular to the building face, centered above the store entrance or lease length. 2. Minimum 8 ft.ground clearance. 3. Signs shall not be illuminated. 4. CHANGEABLE COPY SIGNS MAXIMUM MAXIMUM MAXIMUM SITE CRITERIA TYPE NUMBER SIGN AREA HEIGHT OTHER STANDARDS:: Hotel with f/s One per site 30%of See A.1. To be combined with Convention Facility allowable f/s Freestanding Signs permitted sign. area (a-d)above Live Entertainment f/s One per site 30%of See A.1. To be combined with allowable f/s Freestandine Signs permitted sign. area (a-d)above Tenant Directory f/s One per site 30 sq.ft. 7 ft. Low intensity illumination, oriented toward pedestrians and motorists on site. Min.30 ft.from exterior property lines, and 25 ft.from other freestanding signs. Menu Board f/s or One per drive- 10 sq.ft. 7 ft. May be in addition to permitted wall thru lane sign. Electronic Readerboards (See Sections 233.12 and 233.14 for specifications) Huntington Beach Zoning and Subdivision Ordinance Chapter 233 233-6 1 97 March 16, 2004 • B. INDUSTRIAL DISTRICTS 1. FREESTANDING SIGNS MMAXI11'1iT1VI :&' t"' aii"fylb Sz � ?9'L:e�'?�''f•:..iSt�3�.`�S.�sr "..R"x".:3¢4-SXA!t:a� `,t-K7".tF`<i?: _ - SIGN ` ' :';FI`a:n:1: rK. t'G-...`�p.`.%3.!i7::?,r":�>4 ., ,V:S+ - - '.ks:.:.. - �•, t'.[. SITE CRITERIA <"NUMBERy': -'`SIGN AREA:' HEIGHT. OTFIER STAND S Industrial/Mixed One business Under I acre: 7 R 1.Sign copy shall be limited to center or Uses identification 32 sq.ft. single business identification only. No sign per site multi-tenant panels shall be permitted Industrial centers over I acre: 2.Freestanding signs shall conform to 50 sq.ft. Diagram A,and shall be located in a landscaped planter a minimum of 2 feet wider than the sign itself. 3.All freestanding signs shall have the street address included on the sign. 4.Signs shall be monument type. 5.Internally illuminated signs shall be designed as bonus signs. Mixed Use Businesses One per street Under 1 acre: 10 ft. 1.Multi-tenant panels are permitted provided with Frontages on frontage 32 sq.ft. the panels are minimum 10 inches in Gothard Street height with minimum 6 inch high letters. Industrial centers They shall be restricted to one uniform over 1 acre: background color and two colors for the 50 sq.ft. . sign copy,with the exception that the Center Identification may have a separate background color. Sign copies shall be _ limited to the company name or one eeneric item of information. 2.Major tenant identification shall be encouraged by being placed on the largest panel. 3.Signs eight(8)feet or less shall be monument type. 4.Internally illuminated signs shall be designed as bonus signs. Huntington Beach Zoning and Subdivision Ordinance Chapter 233 233-7 12/97 March 16, 2004 e B. INDUSTRIAL DISTRICTS (CONTINUED) 2. NVALL SIGNS a- - �eriar ..w.•ali,'n.. - •:�7;.!!. 'z34•� _ 3 -` ;Y: .�}.:' ^` .`.P• �* .fv�Y i. non(•., `•%.. 77 .. a�f .:. SS '`• '4<:tF ►,;� -�'rgl;:. MAIai1�TJM- �_MA7�LIMUM x,: t; 'KGB!•�%?'k;.'i=4+�y'.`!„'-�T'^'�t� YCmr; =rrr.:. rc _"'* �:•c:k-vs«...a,:.f.•- t'a - - - tE:bYa� :.r - SITE(:RITERIr1 �NUMBER'it. `SIGN AREA --HEIGHT -:_OTHER STAND S �'�' All hidustrial/ One per street. 1 sq.ft_per linear ft. Below roofline 1:One nameplate may be placed at each . Mixed Uses or parking lot. of building frontage. door,loading dock,or other entrance frontage for facing a public street;max.6 sq.ft. each separate Channel letter signs business receive a 10%bonus 2.Internally illuminated signs shall be after the above designed as bonus signs. calculation. 3.Raceways shall only be permitted when Max. 100 sq.ft.per unable to place electrical components business for all wall within wall/parapet. signs. C. RESIDENTIAL MAXIMUM r MAXIMUM MAXIMUM -MAXI IUM :SIGN ...CRITERIA : :TYPE ..NUMBER SIGN AREA HEIGHT OTHER STANDARDS:=,;4-' Neighborhood Vs 1 per street 1 sq.ft.per 6 ft. 1.Signs shall be affixed to perimeter Identification entrance unit,max.50 wall or.placed within a landscaped sq.ft. planter. OR 2.Sign copy shall be limited to 18 _ - inches in height,name of development only. wall One on each 0.5 sq.ft.per 3.Freestanding signs shall be set side of each unit,max.25 back 20 feet from any interior street entrance sq.ft. property line. Placement shall conform to Diagram A. Vacancy Sians wall One per street 6 sq.ft. Below roofline 1.Copy limited to"vacancy,"type of for Multi-familv frontage unit available,and source of Developments information. � g Huntington Beach Zoning and Subdivision Ordinance March 16, 2004 e Chapter 233 233-8 12/97 D. CHURCHES, AND SCHOOLS, AND COMMERCIAL RECREATIONAL USES WITHIN PUBLIC PARKS MAXIMUM MAXIMUM MAXIMi)M :SIGN CRITERIA+°`. TIfiE` NUMBER SIGN AREA- HEIGHT- l ;OTHER STAND _ 5 ".. Identification Vs One per site 32 sq.8. 7 ft. 1.Freestanding signs shall be completely located within a AND landscaped planter. wall One per site 1 sq.ft.per Below roofline 2.Signs shall be monument type. linear&of bldg.fronta.-e 3.Freestanding signs shall be set Max.32 sq.ft. back 5 R from any interior property line. 4.All freestanding signs shall have the address included on the sign. 5.Raceways shall only be permitted when unable to place electrical components within wall/parapet. Changeable Fs One per site 30%of 7 ft. To be combined with permitted sign. COPY allowable f/s area wall One per site May in addition to permitted sign. 10 sq.ft.. Huntington Beach Zoning and Subdivision Ordinance Chapter 233 233-9 12/97 March 16, 2004 E. SERVICE STATIONS '�'-"xt. '_=:krJ-�'r':+ ' tx--,..mi :' '•rt�:)i, .. '., - -a - -- -:.tia-s; '.MA�ZUI� "MA LIMUm .MAXI LTM SIGN '.CRITERIA€c °3TYPE NLTNIBER� -SIGN AREA' :HEIGHT ::;:OTHER STAND' Business f%s One per site Alternative A`. 7 ft. 1.Service stations with convenience. Identification 20 sq.ft.if sign markets shall use Alternative A contains only identification 2.Freestanding signs shall be located and no in a landscaped planter a minimum changeable copy of 2 feet wider than the sign itself panels for pricing. 3.Signs shall be monument type. OR 4.All freestanding signs shall have the address included on the sign. Alternative B: 50 sq.R if price information is incorporated on sign Sign shall contain panels for fuel price only. No detached price signs shall be located elsewhere on the site. wall One per street 1 sq.ft.per Below roofline 1.Internal illumination or channel frontage linear foot of letters only. ` and/or building frontage 2.If canopy fascia signs are used for canopy One per street business ID,no wall signs shall be frontage permitted on bldg. 10 sq.ft. 3.Max.letter height for fascia signs shall be 75%of fascia width 4.If canopy fascia signs are not provided,a logo may be permitted on each side of canopy column connector(spandrel)in addition to wall signs. Fuel Price and Vs One per street 12 sq.ft. 6 ft. 1.Price signs shall advertise fuel Credit frontage in prices only and no other product Information conjunction with available. Alternative A sign 2.Freestanding signs shall be completely located within a Price signs shall landscaped planter. be located a minimum 15 ft. from other freestanding signs. , Huntington Beach Zoning and Subdivision Ordinance Chapter 233 233-10 12/97 March 16, 2004 " E. SERVICE STATIONS (CONTINUED) MAXIMUM - .;:u"-t;'day,�•r - u,;' SITE MAM MUM :-MAXIMUM .SIGN : ��=4` •w-:"�'�°` �,. 4 CRITERIA'' TYPE " NUMBER .SIGNAREA' HEIGHT OTHERSTANDARDS .`'A; m attached One per canopy 2 sq.ft. 10 ft. 1.N o other signs shall be permitted Instructions or to pump column on the canopy or column except as Identification island specified. Column 2.Point of purchase signs shall be prohibited. 3.State or Federal government required signs encompassed within a fuel pump shall not be regulated bv this ordinance. F. PERMITTED IN ALL DISTRICTS MAXIMUM SITE MAXIMUM MAXIMUM SIGN � ? - CRITERIA TYPE NUMBER SIGN AREA HEIGHT OTHER STANDARDS- Buildine wall One per 3 sq.ft.per foot Shall be placed 1.Such sign shall be in addition to Identification for building of bldg.height within top 25 ft. that which is permitted elsewhere Buildims Over frontage - of bldg. in this article. 100 Ft.in Height 2.F ceways shall only be.permitted when unable to place electrical ciponents within wall/parapet. - Promotional Activity Sims (See Section 233.18 for specifications) Real Estate 1.Real estate signs shall be removed inaediately after sale or lease, -Residential One per site 8 sq.ft. 6 ft. which shall be defined as the close Districts of -row. Fs -Commercial One per site 20 sq.ft 10 ft. 2.Siss shall not be attached to the Office OR pc::nleter walls of residential Districts core wr ities or create any hazards wall for tiaffre or pedestrians. -Commercial/ One per site 30 sq.ft. 12 ft. Industrial Districts Nliscellaneous/ One per site 20 sq.ft. 10 ft. All Other Districts J Huntington Beach Zoning and SuCdivision Ordinance March 16, 2004 Chapter 233 233-11 12/97 F. PERMITTED IN ALL DISTRICTS (CONTINUED) tM �MAXMim 's N 'E OTHER';kNUMBER :SIGN CRITERIA" I".TYPE:*, AREA ; Oven House Vs One Sign 6 sq.ft. 4 ft. 1.Open house signs and flags may be Signs and Real displayed only during daylight Estate Flans Three flags per 2.5 sq.ft. 6 fL hours and when the property is site available for inspection. 2.Open house signs may only be placed at the immediate points of access to a residential subdivision from an arterial. Placement shall be in the parkway only and not in street medians or dividers. 233.08 Exempt Signs I-It Signs exempt from the sign permit requirements of this chapter include: (3334-6197) A. Comer stones, including names of buildings, dates of erection, and citations that are made an integral part of the structure. (3334-6/97) B. Credit card, trading stamp, or'trade association signs not exceeding 0.5 square'-f6et each. (333-16/97) C. Governmental flags of any governmental agency not used for commercial promotional purposes. (3334-6/97) D. Neighborhood Watch signs. (3334-6/97) E. Notices posted by a utility or other quasi-public agent in the performance of a ZD public duty or by any person giving due legal notice. (3334-6/97) F. Official notices of any court, public body or officer. (3334-6/97) G. Oil operations signs consistent with Title 15 of the Municipal Code. (3334-6/97) H. One construction sign per street frontage with a maximum sign area of 32 square feet located on a construction site during the course of construction. Removal is required prior to issuance of a certificate of occupancy or final inspection, whichever comes first. (3334-6/97) I. One name plate, not over six (6) square feet in area, displaying the name and/or profession of the occupant of the building and/or the address, may be placed at each door, loading., dock, or other entrance facing a public street. (3334-6/97) J. On-premise parking and other directional signs, not exceeding one double-faced sign per entrance, not exceeding two (2) square feet in area and four(4) feet in height. Such signs shall not include business identification, product, or logo. (3334- 6197) Huntington Beach Zoning and SubdN4sion Ordinance Chapter 233 233-12 12/97 March 16, 2004 K. Open house signs, not to exceed six (6) square feet and four (4) feet in height, may be displayed adjacent to the entrance of a property for sale or rent during daylight hours when the property is open for inspection. (3334-6/97) L. Pennants corresponding to a City sponsored event or theme. The pennants shall be on light standards located on private property, a maximum of 30 square feet per pennant, with a minimum eight(8) foot clearance from the ground. Written text shall be restricted to the name and dates of the event. Pennants shall be removed within five (5) working days upon the completion of the event. (3360-12/97) M. Political campaign signs which do not pose a traffic or safety hazard, are not erected more than 75 days prior to or remain more than 15 days after an election, and have been granted permission of the property owner for display. Political signs shall be prohibited in street medians and dividers. (3334-6/97,3360-12/97) N. Promotional Activity Signs for Vehicle Sales Dealerships provided they comply with the provisions set forth in Section 233.18 G. (3360-12/97) O. Public transit seating signs and public information, directional, and warning signs erected by a public agency. (3334-6/97) P. Real estate signs provided they comply with the provisions set forth in Section 233.06 F., (3360-12/97) Q. .Signs manufactured as a standard, integral part of a mass-produced product accessory to a commercial or public or semi-public use, including telephone booths, vending machines, automated teller machines, and gasoline pumps. (3334-6/97) . R. Signs within a building not visible from a public street and window signs not exceeding 20 percent of the visible area of a window (50% during December). No window sign shall be displayed above the second story. (3334-6/97,3360-12/97) S. Signs required by the Americans with Disabilities Act(ADA). (3360-12/97) T. Street address numerals. (3334-6/97) U. No-trespassing signs posted a minimum of 100 feet apart. (3334-6r97) 233.10 Prohibited Signs . A. Canvas signs, banners, pennants, streamers, balloons or other temporary signs except as provided in Sections 233.08 (Exempt Signs),233.16 (Subdivision Directional Signs) or 233.18 (Promotional Activity Signs). (3334-6`97,3360-12/97) B. Mobile, A-frame, and portable signs and those of a similar nature which are not permanently attached to the ground or building except as provided in Sections 233.18 or 233.20. (3334-6/97) C. Roof signs. (3334-6/97) 1 Huntington Beach Zoning and Subdivision Ordinance Chapter 233 233-13 12/97 March 16, 2004 e D. Signs which resemble any official marker erected by the city, state, or any governmental agency, or which,by reason of position, shape, color or illumination would conflict with the proper functioning of any traffic sign or signal or would be a hazard to vehicular or pedestrian traffic. (3334-6/97) E. Signs which produce odor,sound, smoke, fire or other such emissions. (333"/97). F. Flashing, moving, pulsating, or intermittently lighted signs, mechanical movement signs, including searchlights, except electronic readerboards and public service signs such as those for time and temperature. (3334-6/97) G. Animals or human beings, live or simulated, utilized as signs. (3334-6/97) H. Projecting signs, except canopy or awning signs and under-canopy signs, subject to subsections 233.06(A) and 233.06(E). (3334-6/97,3360-12/97) I. Signs which constitute a nuisance or hazard due to their intensity of light. (3334-6/97) J. Signs visible from and within 100 feet of an R district which are illuminated between the hours of 10:00 PM and 7:00 AM unless they identify an establishment open for business during those hours. (3360-12/97) K. Off-premises signs, including billboards or advertising structures installed for the purpose of advertising a project, subject or business unrelated to the premises upon which the sign is:located, except subdivision directional signs and multiple user. electronic readerboards. (3334-6/97) L. Abandoned signs and signs which no longer identify a bona fide business conducted on the premises. Such signs shall be removed by the property owner within 60 days of the business'closing date. The sign panel may be turned over (blank side out) if the sign complies with code. (3334-6/97,3360-12/97) M. Signs on any public property, including signs affixed to utility poles, or projecting onto the public right-of-way, except political signs and those required by law. This section shall not prohibit the placement of advertising panels on public service items including,but not limited to, trash receptacles, bicycle racks,bus benches, transit shelters, and telephone booths,within public rights-of-way or in publicly- operated beaches or parks provided such items are placed in accord with an agreement granted by the City Council. (3334-6/97,3360-12/97) N. Vehicle signs, signs affixed to automobiles,trucks, trailers or other vehicles on public or private property for the basic purpose of advertising, identifying or providing direction to a use or activity not related to the lawful use of the vehicle for delivering merchandise or rendering service. Any such vehicle signs which have as their primary purpose to serve as a non-moving or moving display are prohibited. (3334-6/97) 233.12 Electronic Readerboards Electronic readerboards may be permitted subject to the review by the Design Review Board, and approval of a conditional use permit by the Planning Commission Zoning Administrator. (3334-6/97,3360-12/97) �?o Huntington Beach Zoning and Subdivision Ordinance I March 16,2004 Chapter 233 233-14 12/97 A. Required Findings: Prior to approving a conditional use permit to allow an electronic readerboard sign, the Planning Commission Zoning Administrator shall make the following findings: (3334-6197) l. The proposed electronic readerboard sign conforms with the standards and criteria as set forth in this chapter; (3334-6/97) 2. The proposed electronic readerboard sign is compatible with other signs on the site and in the vicinity; (3334-6197) 3. The proposed electronic readerboard sign will not adversely impact traffic circulation in adjacent rights-of-way or create a hazard to vehicular or pedestrian traffic; and (3334-6/97) 4. The proposed electronic readerboard sign shall not have adverse visual impacts on adjoining commercial and/or residential neighborhoods. (3334-6/97) B. Readerboard Sidi Criteria: (3360-12197) 1. Electronic readerboards may be freestanding or wall type signs. (3334-6/97) 2. The maximum number of electronic readerboards shall be one per site. (3334-6/97) 3. The maximum sign area shall be 115 square feet; 90 square feet for message center; and 25 feet for other information. (3334-6/97) 4. The maximum height of a freestanding electronic readerboard sign shall be 25 feet. (3334-6/97,3360-12/97) 5. The electronic readerboard shall have cylinders, a shade screen and a photocell for reducing the intensity of lighting at night- (3334-6/97) 6. The maximum measurable light output of the electronic readerboard shall not exceed 50 foot-candles at any property line. (3334-6/97) C. location Req_tlirements: (3334-6/97) 1. Electronic readerboards shall only be allowed on parcels abutting a freeway and on parcels abutting Beach Boulevard, excluding the portion along Beach Boulevard designated as a landscape corridor south of Adams to Pacific Coast Highway. (3334-6/97) 2. Minimum lot frontage: 200 feet. (3334-6/97) 3. Minimum distance between electronic readerboards: 150 feet. (3334-6/97) 4. Minimum distance to any residence: 150 feet. (3334-6/97) D. Other Standards: (3334-6/97) 1. Where a site has an electronic readerboard, temporary banners, balloons, flags, etc. shall be permitted a maximum of 15 days per calendar year. (3334-6/97) f Huntington Beach Zoning and Subdivision Ordinance March 16, 2004 e Chapter 233 233-15 12J97 2. Hours of operation: 6:30 AM to 10:30 PM. At least 10 percent of the message time, or any percentage deemed necessary by the City for emergency conditions, shall be used for public service announcements. (3334-6/97) 3. Messages in an electronic readerboard shall be no faster than one message every four seconds, and the minimum interval between messages"shall be at least one second. Continuous motion of messages is not permitted. (3334-6/97) 4. Light intensity changes (other than between day and night uses) are not permitted. (3334-6/97) 5. In addition to the electronic readerboard sign, one monument sign, maximum of seven (7) feet in height and a maximum fifty(50) square feet in sign area, may be permitted and all other signage shall be brought into conformance with this chapter. (3334-6/97) 233.14 Readerboard Signs- Multiple Users Off-site electronic readerboard signs may be permitted subject to the conditional use permit approval by the b Zoning Administrator. Approval of electronic readerboard signs shall be subject to the following: (3334-6/97) A. Required Findings: Prior to approving a conditional use permit to allow a multiple user electronic readerboard sign;the Planning Commission shall make the following-findings: (3334-6197) _ 1. The proposed electronic readerboard sign conforms with the standards and criteria as set forth in the Huntington Beach Zoning and Subdivision Ordinance; (3334-6/97,3360-12/97) 2. The proposed electronic readerboard sign will not adversely impact traffic circulation in adjacent right-of-way or create a hazard to vehicle or pedestrian traffic. (3334-6/91,3360-12/97) B. Multiple User Readerboard Sign Criteria: (3360-12/97) 1. Multiple user electronic readerboard signs may be located at a site which is not the location of any of the parties using the sign for advertising. (3334-6/97) 2. Multiple user electronic readerboard shall be freestanding. (3334-6/97) 3. The maximum sign area shall be twelve hundred(1200) square feet. (3334-6/97) 4. The maximum height of a multiple user readerboard sign shall be eighty-five (85) feet. (3334-6/97) 5. The multiple user readerboard shall have cylinders or directional incandescent lamps and have a shade screen or louver system, a shade screen and a photocell for reducing the intensity of lighting at night. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance • March 16, 2004 a Chapter 233 233-16 12/97 C. LiAting Standards: (3334-6/97) 1. The maximum night time light intensity and illuminance shall conform to the following: (3334-6/97) MAXIMUM NIGHT TIME INTENSITY Height from Ground in feet 5 10 20 30 50 70 85 Maximum Intensity x 1000 lumens 125 130 145 170 250 370 490 (3334-6/97,3360- 12/97) MAXIMUM NIGHT TIME ILLUMINANCE Land Use at Receptor Site Residential Commercial Other Maximum Illuminance foot-candles 0.3 2.0 1.0 (3334-6/97) The maximum night time illuminance,shall be,measured at the receptor.site, at ground level, by a direct reading, portable fight meter. Measurements shall not be made within one hour after sunset or before sunrise. (3334-6/97) 2. Illuminance shall be determined by the difference between a reading taken with the sign on and another reading taken within three (�) minutes with the sign off. (3334-6/97) 3. An illuminance chart shall be prepared by a licensed engineer and submitted to the Director for approval prior to installation. Conformance with this ordinance shall be verified by actual measurements made, as specified herein, after installation. The method of measurement and results shall be subject to approval of the Director. (3334-6/97) D. Location Requirements (3334-6/97) 1. A multiple user readerboard shall be located no farther than two hundred (200) feet from a freeway. (3334-6/97) 2. The minimum distance between multiple user readerboards shall be one thousand (1,000) feet. (3334-6/97) 3. The sign shall be a minimum distance of 600 feet from residential properties. (3360-12/97) E. Other Standards: (3334-6/97) 1. No off-site electronic readerboard will be permitted except for multiple users. (3334-6/97) I Huntington Beach Zoning and Subdivision Ordinance March 16, 2004 e Chapter 233 233-17 12197 2. At least twenty percent(20%) of the message time, or any percentage deemed necessary by the City for emergency conditions shall be used for public service announcements. (3334-6/97) .3. Messages in a multiple user sign shall be no faster than one message every . four(4) seconds and the minimum interval between messages shall be at least one second. (3334-6197) 4. Light intensity changes (other than between day and night uses) are not permitted. (3334-6/97) 233.16 Subdivision Directional Signs Subdivision directional signs shall contain only the name of a development, the developer, price information, and directional information for land development projects located within the city. No land development project shall be permitted more than six off-site subdivision directional signs, and approval for such signs shall be subject to the following standards: (3334-6/97) A. Location requirements: (3334-6/97) 1. Signs shall not be located within any public right-of-way or on any property developed with residential uses other than that of the subdivision identified. (3334-6/97) . . . 2. ..Signs located on the same side of the street shall be a minimum of 600 feet from any other subdivision directional sign except a sign may be permitted or each comer of the intersection of arterial highways. (3334-6/97) 3. Maximum area and height: (3334-6/97) a. 64 square feet in area and 15 feet high provided there is a minimum 50 foot distance from any adjacent developed property. (3334-6/97) b. 32 square feet in area and 8 feet high provided there is a minimum 25 foot distance from any adjacent developed property. (3334-6/97) B. Permit expiration: Permits issued for subdivision directional signs shall expire either one year from the date of issuance or on the date 90 percent of the projects units have all been sold, leased, or rented for the first time, whichever is sooner.., Annual renewals may be granted for such time as units still exist for sale;however, no more than one directional sign is allowed after 90 percent of the units are sold, leased or rented. (3334-6/97) C. Street widening: When a sign conflicts with street widening or construction, it shall be removed upon written notice at no cost to any public agency. (3334-6/97) D. Required bond: Prior to the issuance of a building permit, the applicant shall file a cash bond in an amount set by resolution of the City Council. The full bond amount shall be refunded if the sign structure is removed and the site restored to its original condition within 15 days after the expiration of the permit. If the sign structure is not removed, the City shall remove the sign and its supporting structure with the cost deducted from the cash bond, and any remainder refunded. (3334-6/97) Huntington Ordinance u gton Beach Zoning and Subdivision Ord nce March 16, 2004 Chapter 233 233-18 12/97 233.18 Promotional Activity Signs A. Promotional activity signs may be placed on a site subject to the approval.of the Director,.provided that temporary signs comply with this section, and do not create safety hazards or block signs identifying adjoining establishments. (3334-6/97) B. A temporary sign permit for promotional activity banners, pennant or pennants, unless otherwise specified, shall be valid for a maximum of ninety(90) days in any calendar year and shall not be renewable. (3334-6/97,3360-12/97) C. A promotional activity banner or banners shall not exceed one square foot of banner area for each linear foot of building frontage and in no case shall the total banner area exceed 100 square feet. Pennants shall be limited to a maximum of one square foot for each pennant. (3334-6/97,3360-12/97) D. A temporary sign permit for grand opening promotional activities shall be allowed for ninety(90) days, and the permit is not renewable. A promotional activity banner, as permitted above, shall not be affected by the issuance of a grand opening sign permit during the same calendar year. The size of a grand opening banner shall not exceed the size specified in Section 233.18 C. (3334-6/97,3360-12/97) E. Promotional signs,shall not be in a condition of disrepair. Disrepair shall include torn, faded or sagging signs. (3334-6/97) F. Sites with electronic readerboards shall be permitted to have promotional activity. signs displayed a maximum of fifteen (15) days per calendar year. (3334-6/97) _ G. Vehicle sales businesses on Beach Boulevard shall be exempt from these limitations on promotional activity signs provided they comply with the following: (3334-6197, 3360-12/97) 1. Eighteen inch (18") non-metallic helium balloons and large non-metallic inflatables may be displayed on the weekends (Friday 9:00 AM through Sunday 12:00 Midnight), provided they do not project over the public right- of-way. (3334-6/97) 2. Automobile dealerships on Beach Boulevard shall be permitted to display flags,pennants, banners and car-top signs throughout the year. (3334-6/97) H. Vehicle sales businesses on Beach Boulevard shall obtain a temporary sign permit for the use of large displays.and inflatables larger than eighteen inches (18") in diameter. The displays and inflatables shall be affixed directly to the ground or roof of a building; the displays and inflatables shall not be elevated up in the air. The displays and inflatables shall be limited to a maximum of twelve (12) weekends per calendar year. (3360-12/97) 233.20 Planned Sign Program A planned sign program shall be submitted to the Director when required by Section 233.04 B. Such program shall be reviewed and approved by the Director prior to issuance of any permit for signs. The purpose of the planned sign program is to encourage coordinated and quality sign design as well as to permit more flexible sign standards for commercial and industrial centers. (3334-6/97,3360-12/97,3527-2/02) Huntington Beach Zoning and Subdivision Ordinance March 16, 2004 a Chapter 233 233-19 2/02 The standards of Section 233.06 shall be used as a guide in the design of a planned sign program. The property owner shall designate a person or firm as the primary liaison with the City for the purpose of submitting sign permit requests in conformance with the approved planned sign program. (3334-6197,3360-12/97) A. Planned sign program applications shall be submitted to the Planning Division and shall include the following: (3334-6197) 1. A site plan, drawn to scale, depicting the precise locations of all buildings and SigriS; (3334-6/97,3360-12/97) 2. Drawings and/or sketches indicating the exterior surface details of all buildings on the site on which wall signs, directory signs, or projecting signs are proposed; (3334-6197) 3. Written text describing the specific sign criteria for the property. The program shall, at minimum, include provisions regulating sign height, area, sign type, colors, design and location. (3360-12/97) 4. A statement of the reasons for any requested modifications to the provisions or standards of this chapter; and (3334-6/97) 5. The name, address, and telephone number of the person or firm responsible for administering the.planned sign program. (3334-6/97) B. A planned sign program may include more than one freestanding sign per parcel_or other deviations from the standards of this chapter, provided that the total sign area' does not exceed the area otherwise permitted by Section 233.06 by more than 10 percent, or by 30% for multiple automobile franchises occupying the same lot, and commercial businesses with 50,000 square feet or more of floor area. In approving a planned sign program, the Director shall find: (3334-6/97,3360-12/97) 1. That the proposed signs are compatible with the style or character of existing improvements on the site and are well related to each other, reflecting a common theme and design style. (3334-6/97) C. The Director may require any reasonable conditions necessary to carry out the intent of the planned sign program. For developments with existing signs, a schedule or phasing plan for bringing such.signs into conformance with the planned sign program shall be submitted and become part of the approval. A cash bond,may be required to guarantee their modification or removal. (3334-6/97,3360-12/97) 233.22 Miscellaneous Signs and Provisions A. Signs within the Downtown Specific Plan or any other specific plan area shall comply with any additional requirements outlined within the plan itself and any applicable design guidelines. (3334-6/97) B. Non-commercial murals, non-commercial large graphic designs, and statuary shall be subject to review by the Director for the sole purpose of ensuring that such displays will not pose a hazard to public health, safety or welfare. (3334-6/97) 9 Huntington Beach Zoning and Subdivision Ordinance 1 March 16, 2004 Chapter 233 233-20 12/97 C. No window or contiguous window panes shall be covered by paper or painting signs which exceed 20 percent of the total area of that window at any time. Exception: Windows may be covered up to 50% during the month of December. (3334-6/97,3360-12/97) 233.24 Nonconforming Signs A. Continuation of Use. Any nonconforming on-site sign may be maintained after the effective date of the ordinance codified in this title, provided that the nonconforming sign is not: (3334-6/97,3360-12/97) 1. Changed to another nonconforming sign;or (3334-6/97) 2. Structurally altered so as to extend its useful life; or (3334-6/97) 3. Expanded or altered as defined in Section 233.28, except that a change of sign panel/face may be permitted provided the items of information on the sign (i.e.,business name) remain the same; or (3334-6/97,3360-12/97) 4. Reestablished after discontinuance fof ninety(90) days or more; or (3334-6/97,3360-12/97) 5. Reestablished after damage or destruction of more than fifty percent(50%) of .the sign value at the time of such damage or destruction. (3334-6/97,3366-12/97) B. Signs replaced or requested to be modified at the owner's initiative shall comply with all current provisions of this chapter unless granted a sign code exception, limited sign permit or planned sign program. (3334-6/97,3360-12/97) 233.26 Code Compliance Signs shall be subject to the provisions of this chapter, the Uniform Building Code and National Electric Code, as adopted by the City. (3334-6/97,3360-12/97) Penal . No person, firm, corporation or other legal entity shall maintain,place,erect, or permit any sign to be displayed in violation of this chapter. Violations are a misdemeanor and are . punishable as provided in Chapter 249 Enforcement of the Huntington Beach Zoning and Subdivision Ordinance. (3360-12/97). y 233.28 Definitions The following definitions shall apply to the provisions in this Chapter. General definitions are contained in Chapter 203. (3334-6/97) A. Abandoned Sign: a sign which no longer directs, advertises or identifies a legal business establishment, product or activity on the premises where such sign is displayed. (3334-6/97) B. Alteration. any change of copy, sign face, color, size, shape, illumination, position, • location, construction, or supporting structure of any sign. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance March 16, 2004 a Chapter 233 233-21 12/97 C. Animated Sign: any sign which is designed to give a message through a sequence of progressive changes of parts or lights or degree of lighting. (3334-6/97) D. Area of Sian: (3334-6/97) 1. The area included within the outer dimensions of a sign(excluding structural supports). (3334-6/97,3360-12/97) 2. For freestanding signs, sign area shall be calculated on one (1) face of the sign, provided a sign face on a double-sided sign is not separated from the opposite side of the sign by more than 12 inches at any point. (3334-6/97,3360-12/97) 3. For illuminated awning or canopy signs, sign area shall be calculated around the sign copy only. (3334-6/97,3360-12/97) 4. For signs without a border or frame (channel or skeleton letters), the area shall be within a rectangle or eight(8) continuous straight lines(with right angles) formed around the extreme outer limits of the sign message, including all figures and any background or color which is an integral part of the sign. (3334-6/97,3360-12/97) SIGN AREA SIGN AREA E. Awning: a shelter supported entirely from the exterior wall of a building and composed of non-rigid materials except for the supporting framework. (3334-6/97) F. Awning Sign: a sign painted on, printed on, or attached flat against the surface of an awning. (3334-6/97) G. Banner Sian: a temporary sign composed of fabric or flexible material with no enclosing frame. (3334-6/97) H. Bonus Sian: an internally illuminated freestanding sign designed with opaque sign faces/panels, and illumination for items of information only. (3360-12/97) I. Business Identification Sign: a sign which serves to identify only the name and address of the premises, business, building or portion of building upon which.it is located and includes no other advertising such as product lists, phone numbers and hours of operation. Logos may also be permitted. (3334-6/97) J. Building Frontage: the linear extent of a building or business which has frontage on either a street or parking area. Only one side of the building facing the street or parking area shall be used to determine the maximum sign area. (3334-6/97,3360-12/97) K Canopy: a permanent roof-like structure which extends along and projects beyond the wall of a building, or is freestanding as common in service stations, and is generally designed and constructed to provide protection from the weather. (3334-6197,3360-12/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 233 233-22 12/97 March 16, 2004 L. Changeable Copy Sign: a sign or portion thereof with characters, letters or illustrations that can be changed manually or electrically without altering the face or surface of the sign. (3334-6/97) M. Channel letters: individual letters or figures, illuminated or non-illuminated, affixed to a building or freestanding sign structure. (3334-6/97) N. Construction Sign: a temporary sign identifying the persons, firms or businesses directly connected with a construction or development project and may include the name of the future site occupant. (3334-6/97) O. Directional Sian: an on-premise incidental sign designed to guide or direct pedestrian or vehicular traffic. (3334-6/97) P. Electronic Readerboard: a changeable message sign consisting of a matrix of lamps which are computer controlled. (3334-6/97) Q. Exposed Neon: neon tubing used for lighting in signs and other building identification such as raceways and accent lighting. (3360-12/97) R. Exposed Raceway: visible tube or box behind a wall sign used to house electrical wiring for the wall sign. (3360-12/97) S. Flashing Sign: an illuminated sign which contains an intermittent or sequential flashing light source.or any other such means to attract attention. This definition is not intended to include "changeable copy signs" or,"animated signs._" (3334-6/97) T. Freestanding Sian: a sign permanently attached to the ground and which does iiot _ have a building as its primary structural support. This includes ground signs,pole signs and monument signs. (3334-6/97) U. Grand Opening: a promotional activity not exceeding ninety(90) calendar days used by newly established businesses to inform the public of their location and services. i (3334-6/97) V. Ground Sign: see Freestanding Sign. (3334-6/97) W. Illegal Sign: a sign which was erected without the benefit of a permit, that does not meet the requirements of this ordinance,or has not received legal nonconforming status. (3334-6/97:3360-12/97) X. Incidental Sign: a'small sign pertaining to goods, products, services or facilities which are available on the premises where the sign occurs and intended primarily for the convenience of the public. (3334-6/97) Y. Indirect Illumination: a light cast on the surface of a sign from an exterior source. (3334-6/97) Z. Industrial Center: any site containing three (3) or more industrial activities. (3360- 12/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 233 233-23 12/97 March 16, 2004 e AA. Integrated Development: a development or site comprised of one or more parcels served by common access ways,driveways, parking and landscaping. (3334-6/97) BB. Interior illumination: any sign face which is artificially lit from the inside. (3334-6/97) CC. Item of information: each word, design, symbol,or figure, (333a-6/9i) DD. Limited Sian Permit: City approved entitlement allowing the initial modification and maintenance of a nonconforming sign for up to a two (2)year period. (3360- 12/97) EE. jp o: a trademark or company name symbol. (3334-6197) FF. Marquee: see Canopy. (3334-6/97) GG. Mansard: a sloped roof or roof-like facade. (3334-6/97) HH. Monument Sien: a free standing sign with a solid base. (3334-6197) II. Moving Sim: any sign or device which has any visible moving part, visible revolving part, or visible mechanical movement. (3334-6/97) JJ. Name Plate Sign: an attached sign which designates the names and/or address of a business, and/or the words "entrance" or "exit." (3334-6/97) KK. Nonconforming Sim,a.sign which was erected legally_but does not.comply.with current sign provisions.':.(3334-6/97,3360-12/97) LL. Off-Site Sign: any sign which advertises goods, products, services or facilities not sold, produced, manufactured or furnished on the premises on which the sign is located. These signs are also known as outdoor advertising, billboards, and poster panels. (3334-6/97) MM. On-Site Sian: a sign which pertains to the use(s) of the site on which it is located. (3334-6/97) NN. Open House Sian: a sign which identifies a building for sale or lease which is open and available for inspection, and sets forth no other advertisement. (3334-6,'97) . ... 00. Planned Sian Program: City which incorporates coordinated and quality sign design elements. .(3360-12/97) PP. Point of Purchase Display: advertising of a retail item accompanying its display, e.g., an advertisement on a product dispenser. (3334-6/97) QQ. Pole Sian: see Freestanding Sign. (3334-6/97) RR. Political Sian: a sign identifying either a candidate for public office or an issue relating to a forthcoming election. (3334-6/97) SS. Portable Sian: any sign not permanently attached to the ground or a building. (3334-6/97) q/�,)� ,.v 7 U Huntington Beach Zoning and Subdivision Ordinance Chapter 233 233-24 12/97 March 16, 2004 a TT. Projecting Sign: a sign which is attached to and projects from the wall of the building more than 18 inches and which has its display surface perpendicular to such wall, to the structure to which it is attached. (3334-6/97) UU. Promotional Activitv Sian: a temporary sign used to advertise a short term special activity or sale, i.e., grand opening,under new ownership, fall sale,etc: (3334-6i97) W. Public Access Signaae: signage that directs the general public to the coast or sea and/or public amenities available for general public use. (3360-12/97) WW. Public Service Information Sign: any sign intended primarily to promote items of general interest to the community such as time, temperature, date, atmospheric conditions, news or traffic control, etc. (3334-6197) XX. Real Estate Sian: any temporary sign indicating that the premises on which the sign is located is for sale, lease or rent. (3334-6/97) YY. Roof Sign: an attached sign constructed upon or over a roof, or placed so as to extend above the visible roofline; or a freestanding sign which is greater in height than the building it serves to identify. (3334-6/97) ZZ. Rotating Sian: any sign or portion thereof which physically revolves about an axis. (3334-6/97) AAA. Sign: any medium for-visual communication, including its structure and component parts,which is used or intended to be used to attract attention. (3334 s/s7) BBB. Sign Height: measurement from the adjacent sidewalk or curb to the highest portion of the sign, including architectural elements. (3360-12/97) CCC. Sign Code Exception: City approved entitlement granting a deviation to the specifications set forth in this chapter. (3360-12/97) DDD. Sign Copy: any words, letters, numbers, figures, designs or other symbolic representation incorporated into a sign for the purpose of attracting attention. (3334-6/97) EEE. Site: one or more parcels of land identified by the assessor's records where an integrated building development has been approved or proposed. The site shall include all parcels of land contained within or a part of the development application. (3334-6/97) FFF. Site Frontage: the length of a lot or parcel of land along or fronting a street. (3334-6/97,3360-12/97) GGG. Special Events Sign: a temporary sign advertising or pertaining to any civic, patriotic, or special event of a general public interest taking place within the city. (3334-6/97) HHH. Subdivision Directional Sign: a sign providing direction to a land development project pursuant to this chapter. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 233 r ( / 0 233-25 12197 March 16, 2004 a III. Super graphic: a painted design which covers an area greater than ten percent of a wall, building facade, or other structure. (3334-6/97) JJJ. Temporary Sign: a sign which is installed for a limited time and is not constructed or intended for loner term use. (3334-6/97) KKK. Temporary Window Sian: a sign painted or constructed of paper or.other lightweight material and affixed to the interior or exterior side of a window or glass area on a building for a limited time. (3334-6197) LLL. Wall Sian: any sign which is attached or erected on the exterior,posted, or painted or suspended from or otherwise affixed to a wall of a building including the parapet, with the display surface of the sign parallel to the building wall, and which does not project more than eighteen (18) inches from the building, or project above the height of the wall or parapet. (3334-6/97) MMM. Window Sign: a sign in which the name, address,phone number, or hours of operation are applied directly to the window of a business, or a sign visible through the window from the street. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 233 233-26 12197 March 16,2004 To remain clear x 10' 25' .............. 10 ............... a \ ' 25' Min.— Driveway Q. \ 10' IF o wide landscape _ area L a� a c Sign Type Setback Pole 40' DIAGRAM A xMonument Subject to Director review G:1DN90RAW=-0IAASNP x a Old x - � I � I t I � lb —EN I y. a 70% Le sehold -Max.Width b 75% Fascia - Max. Height DIAGRAM B x Equal Dimensions y Equal Dimensions G:IDIV90RAWt733-0IAB.BMP r I Huntington Beach Zoning and Subdivision Ordinance Chapter 233 233-27 12/97 a March 16,2004 LEGISLATIVE DRAFT �(� , 3(94-1 Cliap'ter_244 Dedi'6v r ; Sections: 244.02 Applicability 244.04 Duties of the Design Review Board 244.06 Scope of Review 244.08 Required Plans and Materials 244.02 Applicability Design review is required for projects in redevelopment areas, and applicable specific plans areas subjeet to spee fie phis-areas designated by the City Council, and for projects abutting or adjoining PS districts. 244.04 -Duties of the Design.Review Board The Design Review Board shall assist the Director,Planning Commission and`Zoning - = Administrator in reviewing development plans and architectural drawings within designated geographic areas of the City and to undertake such other review and approval as provided by this code. A. Organization. The Board shall consist of five members appointed by and responsible to the City Council. The membership shall consist of the following: 1. Two (2) At-large members, consisting of current City residents chosen by the City Council. Alternate City residents may be designated by the City Council. 2. One (1) current PlanninG Commissioner chosen by the Planning Commission. An alternate Commissioner maybe designated by the Planning Commission. 3. The Director of his/her designee. 4. The Public Works Director or his/her designee. B. Terms of Office. 1. At-large Members. The term of office for At-large members shall be our (4) years, except as hereinafter provided. One At-large member shall be q 0? Chapter 244 244-1 r 10/3/94 e appointed in 1994, and each fourth year thereafter. One At-large member shall be appointed in 1994 for a two year term, and each fourth year thereafter. .No At-large member shall serve more than two(2) consecutive terms, except that the current At-large member may be appointed for the two year term mentioned herein. At-large members may serve until their respective successors and appointed and qualified. An At-large member may be removed prior to the expiration of his/her term by a motion adopted by the City Council. 2. Planning Commission Member. The term of the Planning Commission member shall expire when such member ceases to be a member of the Planning Commission. A Planning Commission member may be removed prior to the expiration of his/her term by a motion adopted by the Planning Commission. Members may serve until their respective successors are appointed and qualified. C. Powers and Duties. It shall be the duty of the Board to review sketches, layouts, site plans, structural plans, signs, and architectural drawings in connection with any matter before the Board. The Board shall have authority to confer with the applicant or property owner concerning modifications of the proposal, or conditions necessary to approval, and may approve, disapprove, or conditionally approve the proposal. The Board may recommend any matter before them to the discretionary body for consideration of the project._ 244.06 Scope of Review A. In making its determination, the Board shall revievy and consider 1. The arrangement and relationship of proposed structures and signs to one another and to other developments in the vicinity; 2. Whether that relationship is harmonious and based on good standards of architectural design; 3. The compatibility in scale and aesthetic treatment of proposed structures with public district areas; 4: The adequacy of proposed landscaping,.parking spaces, driveways;-potential on-site and off-site parking and traffic impacts and other potential impacts upon the environment; 5. Elements of design affecting the performance characteristics of the proposed development; and 6. Whether energy conservation measures have been proposed and the adequacy of such measures, including,but not limited to, the use of active and passive solar energy systems. B. The Board may impose and/or recommend any conditions deemed reasonable and necessary to the approval of the proposed development plan. Chapter 244 244-2 10/3/94 e 244.08 Required Plans and Materials Plans and materials to fully describe and explain'the proposed development shall be submitted as required by the application form.or by the Director;as deemed necessary. 244.09 Time Limit; Transferability, Discontinuance, A. Time Limit. A Design Review Board recommendation shall become nu and void one year after its date of Director approval. If the initial application is in association with another discretionary permit said permit shall become null and void one year after the final action of the hearing body. i Chapter 244 244-3 10/3/94 March 16,2004 LEGISLATIVE DRAFT Chapter.236. Nonconforming:_,ses,and Structures-.,,, ,r (3254-10/94,3378-2/98,3528A-2/02) Sections: 236.02 General Provisions. 236.04 Destruction of a Nonconforming Structure or Use. 236.06 Alterations to a Nonconforming Structure or Use. 236.08 Sex Oriented Businesses. 236.02 General Provisions A. A nonconforming structure or use shall not be enlarged, increased or intensified except as provided in this chapter. If any such use ceases, the subsequent use of such land, structure or building site shall be in,conformance with the regulations specified by this code. (3254-10/94) B. A nonconforming use.shall not be resumed, reestablished, or reopened after it has been abandoned, discontinued or changed to a conforming use. (3254-10/94) C. A nonconforming use shall be deemed to be discontinued or abandoned when - such use has ceased to operate or to exist for a period of six(6) months. (3254-10/94) D. A nonconforming use which is not housed in any structure, but occupies a lot or portion of a lot, shall not be enlarged or extended to any other portion of the lot or any other lot not so occupied at the time the use became classified as nonconforming. (3254-10/94) E. A nonconforming use occupying either a conforming structure or nonconforming structure or portion thereof shall not be extended to any portion of the structure not so occupied at the time the use became nonconforming. (3254-10/94) 236.04 Destruction of a Nonconforming Structure or Use These provisions shall govern reconstruction of the nonconforming structures and/or uses listed below after such structure or use is destroyed by fire, explosion, act of nature or act of the public enemy by the percentage of value specified. (3254-10/94) A. Nonconforming structures and nonconforming uses destroyed 50% or less of the value prior to damage may be completely rebuilt. (3254-10194) B. Nonconforming residential uses consisting of 10 or less units destroyed more than 50% of the value may be completely rebuilt. (3254-10/94) Huntington Beach Zoning and Subdivision Ordinance Chapter 236 236-1 2/02 a C. Nonconforming residential uses consisting of more than 10 units destroyed more than 50% of the value may be completely rebuilt subject to conditional use permit approval by the Planning Commission provided current requirements for setback and parking are met. (3254-10/94) 236.06 Alterations to a Nonconforming Structure or Use A. Interior alterations and/or repairs may be made which do not enlarge the square footage or increase the height of a nonconforming use. Reroofing for health and safety purposes may also be permitted. (3254-10/94) B. A structure for a nonconforming use shall not be enlarged or altered on the exterior in any manner unless: (3254-10/94) 1. All aspects of the existing structure and the proposed addition are made to conform to applicable provisions of this Code, or (3254-10/94) .2. The Zening Administfate Director permits such alteration subject to Neighborhood otification pursuant to Chapter 241.and the following findings: (3254-10/94,3528A-2/02) a. That the alteration is necessary to secure added safety or reduce the - fire hazard or to improve the aesthetic appearance of the structure's' architecture by bringing the design into greater conformance with-'= the surrounding neighborhood. (3254-10/94) b. That the alteration or addition will not increase the number of stories. (3254-10/94) C. That the alterations will not cause the floor area to exceed more than ten (10%) percent of the floor area the structure contained at the time the use became nonconforming. (3254-10/94) C. Nonconforming structures may be altered or enlarged provided that the alteration or enlargement is in conformance with applicable provisions of Titles 21 and 22. (3254-10/94) D. Additions to nonconforming structures proposed to be.constructed at the existing nonconforming yard setbacks shall be subject to Director approval and Neighborhood Notification pursuant to Chapter 241 efa eendifiel by the Zoning . (3254-10/94) E. The area of enlargement to a nonconforming structure in any five year period shall not exceed 50% of the area of the structure as it exists on the effective date of this ordinance. (3254-10/94) � I Huntington Beach Zoning and Subdivision Ordinance Chapter 236 236-2 2/02 236.08 Sex Oriented Businesses A. Any sex oriented business lawfully operating on the effective date of the Ordinance No. 3378 that is in violation of Section 212.04 of this Code shall be deemed a nonconforming use. A nonconforming use will be permitted to continue for a period of three years with possible one year extensions (maximum extensions of five (5) years) to be granted by the Planning Commission only upon a convincing showing by the applicant of extreme financial hardship which is defined as the recovery of the initial financial investment in the nonconforming use, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty(30) days or more. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two (2) or more sex oriented businesses are within 750 feet of one another and otherwise in a permissible location, the sex oriented business which was first established and continually operating at the particular location is the conforming use and the later established business(es) is nonconforming. (3378- 2/98) B. A sex oriented business lawfully operating as conforming use is not rendered a nonconforming use by the location, subsequent to the grant of a sex oriented business zoning permit, of a building used for religious assembly, school, park and recreational facility or any property zoned RL,.RM, RMH, RH, RMP, and any properties with equivalent designations under any specific plan within five hundred feet(500')of the sex oriented business: (3378-2/98) C. Any application for a building permit to operate a sex oriented business in a location that is in violation of Section 212.04 that is filed prior to, but approved after the effective date of Ordinance No. 3378 shall be deemed a nonconforming use pursuant to Section A. Any such building permit shall be in effect subject to the applicable zoning regulations in effect prior to the effective date of Ordinance No. 3378. (3378-2/98) Huntington Beach Zoning and Subdivision Ordinance Chapter 236 236-3 2/98 I a March 16,2004 LEGISLATIVE DRAFT D rcQ _ 3�lP 1� i:�'c'1=='SAS ,�¢x � .x��f} � i,�(t�'�'�,ati%.+y' ��(�p^Y Chapter� arGeneral Provisions - , o ; , (3334-6/97,353072/02) Sections: 250.02 Citation and Authority 250.04 Consistency 250.06 Applicability 250.08 Exceptions 250.10 Definitions 250.12 Responsibilities 250.14 Map Requirements 250.16 Fees and Deposits 250.02 Citation and Authority This Title is adopted pursuant to Chapter XI, Section 7 of the California Constitution and to supplement and implement the Subdivision Map Act, Section 66410 et seq. of the Government Code. This title may be cited as the Subdivision Ordinance of the City of Huntington Beach. 250.04 Consistency No land shall be subdivided and developed for any purpose that is inconsistent with the Huntington Beach General Plan, the Local Coastal Program for development within the coastal zone, or any applicable specific plan of the City or that is not permitted by Titles 20- 24, Zoning, or other applicable provisions of this Code. (3334-6/97) The type and intensity of land use as shown on the General Plan, and Local Coastal Program for land within the coastal zone, and any applicable specific plan shall determine, together with the requirements of the Subdivision Map Act and this Title, the type of streets, roads, highways, utilities, and other public services that the subdivider shall provide. (3334-6/97) 250.06 Applicability The provisions set forth in this Title shall apply to all or parts of subdivisions within.the City and to the preparation of subdivision maps and to other maps provided for by the Subdivision Map Act and this Title after the effective date of this Title. All subdivisions and any part thereof lying within the City shall be made and all subdivision maps shall be prepared and presented for approval as provided for in this chapter. All subdivisions and lot line adjustments located within the coastal zone that meet the definition of development as defined in Section 245.04(J) shall require approval of a coastal development permit. (3334-6/97) b --, qa a to Huntington Beach Zoning and Subdivision Ordinance Chapter 250 250-1 2/02 March 16,2004 e 250.08 Exceptions This chapter shall not apply to the items listed in Sections 66412, 66412.1, 66412.2 and 66412.5 of the Subdivision Map Act. .However subject to the provisions of.Section 66412(d) of the Subdivision IVIag Act, a lot line adjustment between two or more existing adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a ; greater number of parcels than originally existed is not thereby created,provided that, the lot line adjustment is approved pursuant to Section 250.16B. 250.10 Definitions For the purposes of this Title, unless otherwise apparent from the context, certain words and phrases used in this Title are defined in this section as set forth below. All definitions provided in Chapters 1.04, 245.04, and 203 of the Municipal Code and all definitions provided in the Subdivision Map Act shall also be applicable to this Title and said definitions are hereby incorporated by this reference as though fully set forth herein. Access Rights. The right of abutting landowners or occupants to obtain access to an abutting public way. Acreage. Any parcel of land which is not a lot, as defined in this chapter, and those areas where a legal subdivision has not been made previously, or where a legal subdivision has declared such parcel as acreage. Block. .The area of land within a subdivision,which area is entirely bounded by streets, highways or ways, except alleys,or the exterior boundary or boundaries of the subdivision. Certificate of Compliance. A valid authorization, issued by the City, stating that the subdivision of creation complies with City subdivision laws applicable at the time of creation or stating that the subdivision complies with the Subdivision Map Act and this Title. City Engineer. The City Engineer of the City of Huntington Beach. Collector Street. A street, intermediate in importance between a local street and an arterial highway, which has the purpose of collecting local traffic and carrying it to an arterial highway. Conversion. The.creation of separate ownership of existing real property together with a separate interest in space of residential, industrial or commercial buildings. Cul-de-Sac. A local street, one Iend of which is closed and consisting of a circular turnaround. Day. A calendar day unless otherwise specified. Department_ The Community Development Department of the City of Huntington Beach. Department of Public Works. The Department of Public Works of the City of Huntington Beach. Director. The Director of the Community Development Department of the City of Huntington Beach. i Huntington Beach Zoning and Subdivision Ordinance Chapter 250 250-2 6/97 e March 16,2004 Easement. A grant of one or more property rights by the owner to the City, a public entity, public utility, or private party. Final Map. A map showing a subdivision of five or more parcels, prepared in accordance with.the provisions of the Subdivision Map Act and this Title and designed to be placed on record in the office of the Orange.County Recorder. Lot Line Adjustment. A minor shift or rotation of an existing lot line where a greater or lesser number of parcels than originally existed is not created. Merge . The joining of two or more contiguous parcels of land under one ownership into one parcel. Parcel. A unit or portion of a unit of improved or unimproved land. Parcel Map. A map showing a subdivision of four or fewer parcels or a subdivision pursuant to the exceptions stated in Section 66426 of the Subdivision Map Act prepared in accordance with the provisions of the Subdivision Map Act and this Title and designed to be placed on record in the office of the Orange County Recorder. Parkway. That area between the curb face and abutting property line. Person. Any individual, firm, co-partnership,joint venture, organization, corporation, estate, trust, receiver, syndicate, this City, and any other public agency. Private Street- Any street or accessway which is privately held,maintained and utilized as access to a development: ... _ Remainder. That portion of an existing parcel which is not divided for the purpose of sale, lease, or financing nor part of the subdivision. Scenic Easement. An easement dedicated to the City that protects a view from a specific location or locations to a specific visual resource by prohibiting or limiting development. Service Road. A street adjacent to and prodding access to an arterial highway. Standard Plans. Plans and engineering drawings for public improvements as adopted by the Department of Public Works. Standard Engineering Specifications. Specifications for public improvements adopted by the •Department of Public Works: Subdivision Committee. The Subdivision Committee of the City of Huntington Beach. Subdivision Map Act. The provisions of Division 2, Subdivisions of the California Government Code, relating to subdivisions of land and real property commencing with Section 66410. Tentative map. A map made for the purpose of showing the design and improvements of a proposed subdivision and the existing conditions in and around it precedent to the approval of a final map. Tentative map shall include a tentative parcel map, prepared pursuant to the provisions of this Title. • Huntington Beach Zoning and Subdivision Ordinance Chapter 250 250-3 6197 March 16,2004 a Usable Parcel Area. That portion of a parcel which does not exceed a slope of 10 percent. Any portion of the parcel exceeding 10 percent shall, for the purpose of this Title, be considered slope and not usable parcel area. Vesting Tentative Map. A tentative map for a residential subdivision that has, printed. conspictiously on its face, the words "vesting tentative map" at the time it is filed.with the . City, and is processed in accordance with the provisions_of Chapter 252 of this Title'. ,(3ss4- 6/97) 250.12 Responsibilities A. City Attorney. The City Attorney's responsibilities shall include approving as to form all subdivision improvement agreements; covenants, codes, and restrictions; security, liability agreements and insurance; and all governing documents for a community apartment project, condominium, stock cooperative, or conversion. B. City Council. The City Council shall have final jurisdiction in the approval of final maps and improvement agreements and the acceptance by the City of land and/or improvements as may be proposed for dedication to the City for subdivisions of five or more parcels. The City Council shall act as the appeal board for hearing appeals of all subdivision maps acted upon by the Planning Commission. C. Planning Commission. The Planning Commission's responsibilities shall include approving, conditionally approving, or denying the application for - - tentative map approval of subdivisions of ten or more parcels. The Planning Commission shall act as the appeal board for hearing appeals of tentative parcel maps and tentative maps for subdivisions of 9 or fewer parcels. D. Zoning Administrator. The Zoning Administrator's responsibilities shall include the processing and approval, conditional approval or denial of tentative map approval of subdivisions of or less parcels, tentative parcel maps and waivers of parcel map requirements, let lia@ adjustments, mergers and certificates of compliance. E. City Engineer. The City Engineer's responsibilities shall include: 1. Establishing design and construction details, standards and specifications. 2. Determining if proposed subdivision improvements comply with the provisions of the Subdivision Map Act and this Title. 3. The processing and certification of final maps, reversion to acreage maps, and amended maps and the processing and approval of subdivision improvement plans. 4. Examining and certifying that final maps are in substantial compliance with the approved tentative map. 5. Final jurisdiction in the approval of parcel maps and certification of lot line adjustments. Huntington Beach Zoning and Subdivision Ordinance Chapter 250 250-4 6/97 s March 16,2004 6. The inspection and approval of subdivision public improvements. 7. The acceptance of dedications and public improvements for subdivisions by parcel map,and off-site dedications lying outside.a subdivision boundary which require a separate grant deed. 8. Collection of all required fees and deposits associated with final maps and parcel maps except park and recreation fees. F. Director. The Director's responsibilities shall include the processing of tentative maps and lot line adjustments. 1. Determinations of violations of the provisions of the Subdivision Map Act or this Title. 2. The management of the Planning Division in carrying out the responsibilities imposed upon it by this Title. When necessary to carry out the Director's responsibilities hereunder, the Director may designate and authorize a representative to act on his or her behalf. 3. Collection of park and recreation fees and fees associated with tentative maps. G. Subdivision Committee. The Subdivision Committee's responsibilities shall include examining and determining that tentative.and vesting tentative maps comply with the provisions of the Subdivision Map Act, this Title,the Local Coastal Program for maps located within the coastal zone, and the City's General Plan, and recommending approval, disapproval, or conditional approval of tentative or vesting tentative maps to the Planning Commission or Zoning Administrator. The Subdivision Committee shall consist of the following members or their authorized representatives: 1. The Director who shall serve as chairperson and secretary; 2. The City Engineer; 3. The Fire Chief; and 4. Three members of the Planning Commission. Representatives from other departments shall attend meetings when requested to do so by the Subdivision Committee. H. Coastal Commission. The Coastal Commission shall have appeal jurisdiction over coastal development permits approved for all subdivisions and lot line adjustments located within the appealable area of the coastal zone that constitute development as defined in Section 245.04(J). (3334-6/97) 1146 Huntington Beach Zoning and Subdivision Ordinance Chapter 250 250-5 RM7 e March 16,2004 250.14 Map Requirements A. Tentative and Final Map. A tentative and final map shall be required for all subdivisions creating five or more parcels, five or more condominiums as defined in Section 783. of the Civic Code, a community apartment,project containing five or more parcels,or for the conversion of;a dwelling to a stock cooperative containing five or more dwelling units. Exceptions as stated in Section 66426 of the Subdivision Map Act shall comply with Subsection B. B. Tentative and Parcel May. A tentative and parcel map shall be required for all divisions of land into four or fewer parcels and exceptions stated in Section 66426 of the Subdivision Map Act. However parcel maps shall not be required for: 1. Subdivisions of a portion of the operating right-of-way of a railroad corporation, which are created by short-term leases terminable by either party on not more than 30 days'notice in writing. 2. Land conveyed to or from a governmental agency, public entity or public utility, or for land conveyed to a subsidiary of a public utility for conveyance to such public utility for rights-of-way, unless a showing is made by the Department in individual cases, upon substantial evidence, that public policy necessitates a parcel map. If a parcel map is not required, the dedication or offer must be indicated by a separate instrument. 3. Lot line adjustments, provided: a. No additional parcels or building sites are created; b. The resulting parcels conform to Titles 20-24 (Zoning) of this Code; C. The lot line adjustment shall not sever any existing structure on either of the two parcels. d. The lot line adjustment shall not allow a greater number of dwelling units than allowed prior to the adjustment. e. The lot line adjustment is approved by the Director or by the Planning Commission on appeal; and :(3530-2/02) f. A plat map showing the lot line adjustment is prepared, approved, and filed in accord with the provisions of Section 253.24. 4. Parcel maps waived by the Zoning Administrator as provided by Section 251.20. C. Designation of Remainder Parcel. When a subdivision includes a remainder parcel as provided in Section 66424.6 of the Subdivision Map Act, the remainder parcel shall be in conformance with Titles 20-24 and shall require a Certificate of Compliance as provided by Section 258.06. • Huntington Beach Zoning and Subdivision Ordinance Chapter 250 250-6 2/02 March 16,2004 250.16 Fees and Deposits All persons submitting maps as required by this chapter shall pay all fees and/or deposits as provided by this Title and by the City Council resolution establishing applicable fees and charges: Huntington Beach Zoning and Subdivision Ordinance Chapter 250 250-7 6/97 e ORDINANCE NO. 310 S O AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE DOWNTOWN SPECIFIC PLAN OF THE CITY OF HUNTINGTON BEACH. WHEREAS, the City Council of the City of Huntington Beach has previously adopted the Downtown Specific Plan; and Pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed public hearings relative to amending the Downtown Specific Plan, wherein both bodies have carefully considered all information presented at said hearings; and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. The Downtown Specific Plan is hereby amended as set forth in the Legislative Draft attached hereto as Exhibit A. . SECTION 2. Except as specifically modified herein, all other sections of the Huntington Beach Downtown Specific Plan shall remain in full force and effect. SECTION 3. This ordinance shall become effective immediately upon certification by the California Coastal Commission. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2004. Mayor ATTEST: APPROVED AS TO FORM: fy)ect� City Clerk �Cityktt=4 I 1510� REVIEWED AND APPROVED: INITIAT D AND APPROVED: City kdministrator Director of Planning 04ord/downtown 4-0/4h/04 EXHIBIT A p — a . �3o I _Qz H Lli LIU� � ��mr�mmmmmmmmmmmmm mmmmmmmmmmmmmmm� [DIU HEIRDIRM MHHRRm[UU ��rUrunnunn L 11UMTMM t; �'p� � JL PACIFIC OCEAN DISTRICI5 BY NUMBER �u%a'o"a.:.:`�:.�R""' DOWNTOWN SPECIFIC PLAN LEGISLATIVE DRAFT " 4.0 DEVELOPMENT STANDARDS 4.0.01 Intent and Purpose The purpose of this document is to provide for orderly development and improvement within the Downtown Specific Plan. The plan is established to guide the development of the area which is characterized byiniquelcatn hic fatures,-land uses oi , and ownership patterns, and should not be regulated by zoning district standards applicable throughout the city. This specific plan will replace the existing zoning with policies, development standards and descriptive maps specifically designed for the downtown area. The specific plan provides for creativity at the individual project level, and at the same time ensures that developments will ultimately combine to create a cohesive community. The provisions of this ordinance shall not apply to Conditional Use Permits processed with Tentative Tract Maps that have been approved prior to the effective date of this ordinance. Building permits shall be issued for such previously approved entitlements if the applications for such building permits are consistent therewith. Only paragraph 4.0 et seq., "Development Standards", shall be certified as part of the Local Coastal Program. 4.0.02 Downtown Specific Plan Boundary The property described herein is included in the Downtown Specific Plan and shall be subject to policies and development standards set forth in this article. Precisely, the.. Downtown Specific Plan includes the real properfy described as follows Beginning at the most northerly corner of Lot 22, Block 122 of the Huntington Beach Seventeenth Street Section Tract, as recorded in Book 4, page 10 of Miscellaneous Maps, records of Orange County, State of California; thence northerly 50 feet approximately to a point, said point being the intersection of the centerlines of Goldenwest Street and Walnut Avenue; said point also being the true point of beginning; thence southwesterly along the centerline of Goldenwest Street and its prolongation to a point on the high tide line of the Pacific Ocean; thence southeasterly along said high tide line to a line parallel with and 72.50 feet northwesterly,measured at right angles, from the southwesterly along said high tide line to a line parallel with and 72.50 feet northwesterly, measured at right angles, from the southwesterly prolongation of the centerline of Main Street;thence southwesterly along said line 1,470 feet approximately to a line parallel with heretofore said high tide line; thence s v, southeasterly,along said.line 145 feet approximately to a line parallel with and 72.50 feet southeasterly, measured at right angles,from said southwesterly prolongation of the centerline of Main Street; thence northeasterly along said line to the heretofore said high tide line to the prolonged survey centerline of Beach Boulevard; thence northerly along said survey centerline of Beach Boulevard 2800 feet approximately to the south line of Tract 9580, as shown on a map recorded in Book 444,page 31,records of Orange County, State of California; thence westerly along said line 1995 feet approximately to the centerline of Huntington Street; thence northerly along said centerline 1320 feet approximately to the centerline of Atlanta Avenue; thence westerly along said centerline 857 feet approximately to the centerline of Lake Street; thence northerly along said centerline 2352 feet approximately to the centerline of Palm Avenue; thence westerly along said centerline 332 feet approximately to the centerline of Sixth Street; thence southwesterly to the centerline of Walnut Avenue; thence northwesterly along said centerline 5547 feet approximately to the true point of beginning. u G:DWNTWNSP 1 ^� / ' �Q� Downtown Specific Plan QQQ��� Revised 2/06/02 a 4.0.03 Organization This section details the development standards for projects in the Specific Plan area. The section includes 1) regulations affecting administration and permitting, 2) general requirements for all projects of a certain size or type,3)particular requirements.for projects within the different Districts and 4)overlays which permit special uses.in select . areas. 4.0.04 Definitions The following definitions shall apply to the Downtown Specific Plan. Terms not described under this section shall be subject to the definitions contained in the Huntington Beach Zoning and Subdivision Ordinance Cede. Beach Area: The ocean side of Pacific Coast Highway including the Bluff Top Park area and the Pier. Bluff Top Park Area: That area of improved beach access bounded on the south by 9th Street continuing north to the dividing line of Bolsa Chica State Beach. Bolsa Chica State Beach: The area seaward of Pacific Coast Highway extending from the Huntington Beach City Pier northwest to Warner Avenue. The portion of this beach from the pier to Goldenwest Street is within the boundary of the Downtown Specific Plan. Build-to-tine: A dimension which specifies where the structure must begin. For example, "build-to-5"', means that the structure must extend to five feet from the lot - line. Common open space: Any part of a lot or parcel unobstructed from the ground upward, excepting architectural features extending no more than thirty(30) inches from the structure and excluding any area of the site devoted to driveways and other parking areas. Conversion: A change in the original use of land or building/structure. Director: The Director of Planning the Depaftmeat of Community Development. Development: On land, in or under water, the placement or erection of any solid . material or structure;discharge or disposal of any dredged .material or of any gaseous, liquid;solid or thermal waste; grading, removing, dredging; mining, or extraction of any materials; change in the density or intensity of the use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan { j submitted pursuant to the provisions of the Z'berg Nejedly Forest Practice Act of 1973 (commencing with Section 4511). r G:DWNTWNSP 2 Downtown Specific Plan Revised 2/06/02 e Demolition: The deliberate removal or destruction of the frame or foundation of any portion of a building or structure. Facade: The main face or front of a building. Feasible: Capable of being accomplished in a successful manner within a reasonable period of time,taking into account economic, environmental, social and technological factors. Floor Area Ratio (FAR): A number which indicates how many square feet of structure can be built on a site, expressed as a multiple of the net site area; for example, if a site is 5,000 square feet in net site area and the FAR is 2.0,the square footage of a building cannot exceed 10,000 square feet of net site area(2 X 5,000). Fronting: Any lot or portion of a lot which abuts an arterial shall be considered to front on that arterial and shall comply with the required front yard setbacks, whether or not the development on that lot actually takes access from the arterial. Full block: A parcel of property bounded on all sides by public streets. Gross floor area: The total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, and including halls, stairways, elevators shafts at each floor level, service and mechanical equipment rooms, and habitable basement or attic areas, but excluding area for vehicle parking and loading. Gross site area: The area within the lot.lines of a parcel of land.before public streets; alleys, easements or other areas to be dedicated or reserved.for public use have been deducted. Half block: A parcel of property bounded on all sides by public streets and/or alleys containing at least one-half(1/2) the net area of the full block. Height: The vertical distance above the highest adjacent street level measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or the average height of the highest gable of a pitched or hipped roof. See Section 4.2.04. Hotel: A building designed for or occupied as a temporary lodging place which contains guest room units. Mini-Parks: Areas under City ownership used for the purpose of open space,plazas, landscape buffers or public gathering. Net site area: The total horizontal area within the property lines of a parcel of land. All rights-of-way or easements which physically prohibit the surface use of that portion of the property for other than vehicular ingress and egress are excluded. Outdoor dining: An area where a cafe/restaurant provides food service on either public right-of-way, city owned open space, or privately owned open space. Physical obstruction: Things that affect the use of property including but not limited to light standards, trees,parking meters, trash receptacles, traffic signals, signs, benches, phone booths, newspaper stands, bus stops, driveways, pedestrian ramps, and other similar items. q2 -�, VV G:DWITWNSP 3 Downtown Specific Plan Revised 2/06/02 Pier: The structure owned by the City that extends from the termination of Main Street at Pacific Coast Highway into the Pacific Ocean 1,966 feet. Pier Plaza: The area adjacent and contiguous to the pier. Private open space: The area adjacent to a dwelling unit which has direct.access in the form of a patio or balcony. Public open space: Outdoor or unenclosed area on the ground floor or above floor levels designed and accessible for use by the general public. Public open space may include one of the following: patios, plazas, balconies, gardens or view areas accessible to the general public, and open air commercial space, open to the street on the first floor, or on at least one side, above the first floor, or open to the sky. The open space requirement can be met anywhere in the development; however, open space provided above the second floor will receive only fifty(50) percent credit toward this requirement. This requirement cannot be met by open areas which are inaccessible to the general public or are contrary to specific requirements of a district. Public right-of-way- That property dedicated through acquisition or easement for the public right-of-way or utility purposes which includes the area spanning from the property line on one side of a street to the property line on the other side of a street. Recreational Vehicle: A travel Trailer, pick-up camper or motorized home with or without a mode of power and designed for temporary human habitation for travel or recreational purposes. :Rehabilitation The physical repair,preservation, or improvement of a building or structure. Does not include an expansion of existing floor area greater than ten (10) ' percent; does not increase the building height; does not result in an increase in permitted density. Residual parcel: A legal lot which does not meet the requirements for a building site within the District in which it is located, and where the abutting sites are already developed. Right-of-Way (ROW): That portion of property which is dedicated or over which an easement is granted for public streets, utilities or alleys. Semi-subterranean parking: Parking structure which is partially recessed into the development site, and which may or may not support additional structures above(e.g. dwelling units, tennis courts, or parking structures). Setback: A stipulated area adjacent to the lot lines which must be kept free of structures over forty-two (42) inches high. Street level: The elevation measured at the centerline of the public street adjacent to the front setback at a point midway between the two side property lines. Suite Hotel: A building designed for or occupied as a temporary lodging place which contains guest rooms and may contain kitchenettes and a separate living room for each unit. Townlot: The area and parcels bounded by Pacific Coast Highway on the southwest, Goldenwest Street on the northwest, Palm Avenue on the north and northeast, and Sixth Street on the east and southeast�- G:DWNTWNSP J 4 Downtown Specific Plan • a Wetland: Lands within the coastal zone which may be covered periodically or permanently with shallow water and include saltwater marshes, freewater marshes, open or closed brackish water marshes, swamps, mudflats and fens. Ultimate Ri,2ht-of--Wav: The most lateral edge of.the area dedicated for street, utilities; or alley purposes: 4.1 ADMINISTRATION 4.1.01 Approvals Required All development within the Downtown Specific Plan shall be subject to one or more of the followin , as identified in each district: a Conditional Use Permit from the Planning t1ommission, and/or Zoning Administrator; review and recommendation of afide the Director pursuant to the Design Review Board provisions of the Huntington Beach Zoning and Subdivision Ordinance 49ede. All physical development shall be required to be reviewed by the Design Review Board prior to processing additional entitlements if required. The Historical Resources Board shall provide recommendations for structures considered to be historically significant. In addition, a Conditional Use Permit shall be required for any residential cooperative subdivision, mixed-use development, or any project which requires a s ecial permit (Section 4.1.02). The Director, Design Review.Board,,Zoning A" ministrator, Planning Commission or the City Council shall also consider the,following:.`hefe#e= (a) Projects shall be in conformance with the adopted Design Guidelines for the area. (b) Architectural features and general appearance of the proposed development shall enhance the orderly and harmonious development of the area or the community as a whole. (c) Architectural features and complimentary colors shall be incorporated into the design of all exterior surfaces of the buildings in order to create an aesthetically pleasing project. (d) Particular attention shall be given to incorporating signs, including their colors, into the overall design.of the entire development in order to achieve uniformity. (e) Vehicular accessways shall be designed with landscaping and building variation to eliminate an alley-like appearance. 4.1.02 Special Permit The Downtown Specific Plan development standards are designed to encourage developments creating an aesthetically pleasing appearance, enhancing the living environment, and facilitating innovative architectural design and adaptation of the development to the unique surrounding environment. A special permit may not be granted for deviations from maximum density or parking or from requirements of the Conservation Overlay in any district. Nor shall any special G:DWNTWNSP 5 — q�b Downtown Specific Plan Revised 2/06/02 e permits be granted for deviations from maximum building height in District 1, 2, 4, 10, 11. Special Permits allow for minor deviations from the development regulations of this. Specific Plan. Special Permits may be granted at the time of project approval for unique architectural siting or.features,including but not limited to site coverage, setbacks, open space and landscaping. . Special Permits shall only be allowed when, in the opinion of the Planning Commission; or Zoning Administrator significantly greater benefits from the project can be provided than would occur if all the minimum requirements were met. Some additional benefits,which may make a project eligible for approval of Special Permits include: greater open space,greater setbacks, unique or innovative designs,public parking, public open space, and the use of energy conservation or solar technology. The developer may request a Special Permit at the same time as the filing of an application for a Conditional Use Permit and both requests shall be heard concurrently. The Planning Commission and Zoning Administrator may approve the Special Permit in whole or in part only upon the finding that the proposed development, in addition to providing greater benefits as required above, will also: (a) Promote better living environments; and (b) Provide better land planning techniques with maximum use of aesthetically pleasing types of architecture, landscaping, site layout and design; and (c) Not be detrimental to the general health, welfare,safety and convenience.of the neighborhood or City in:general, nor detrimental or injurious to the`value of. ; . property or improvements of the neighborhood or of the City in general and (d) Be consistent with objectives of the Downtown Specific Plan in achieving a development adapted to the terrain and compatible with the surrounding environment; and (e) Be consistent with the policies of the Coastal Element of the City's General Plan and the California Coastal Act; and (f) Comply with State and Federal law. 4.1.03 Coastal Permit Developments within the Downtown Specific Plan area will be subject to the requirements pertaining to Coastal.Development.Permits (CDP) in the Local Coastal Program Implementing Ordinances, in addition to the other provisions of the Huntington Beach Zoning and Subdivision Ordinance Ce&, except as modified by this Specific Plan. 4.1.04 Severability If any section, subsection, sentence, clause,phrase, or portion of this title,or any future amendments or additions hereto, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this title, or any future amendments or additions hereto. The Council hereby declares that it would have adopted these titles and each sentence, subsection, sentence, clause, phrase, or portion or any future amendments or additions thereto, irrespective of the fact that any one or more sections, subsections, G:DwNTwNSP __.. (, 6 Downtown Specific Plan a clauses, phrases, portions or any future amendments or additions thereto may be declared invalid or unconstitutional. 4.1.05 Appeals Decisions by the Director on non-zoning matters may be appealed to the City. . Administrator; decisions on zoning matters maybe appealed to the Planning Commission and City Council. 4.1.06 Huntington Beach Zoning and Subdivision Ordinance cede. If not specifically addressed in this Specific Plan, the applicable provisions of the Huntington Beach Zoning and Subdivision Ordinance Gede and Huntington Beach Municipal code shall apply. 4.2 GENERAL PROVISIONS The general provisions of this article shall apply to all developments within the Downtown Specific Plan area wherever the size or type of development proposed would make such provisions applicable. All development shall comply with all existing standard plans and specifications and all applicable provisions of the Huntington Beach Zoning and Subdivision Ordinance and Municipal Codes. 4.2.01 Permitted Uses. Permitted uses shall be established in each District and shall be required to meet all applicable provisions of the Huntington$each Zoning :and. Subdivision Ordinance Cam. In addition, the following shall apply: (a) All structures incidental and accessory to a permitted principal use or structure may be erected on any parcel containing a main building provided that such structure(s) shall not exceed fifteen(15) feet in height nor to be closer than ten (10) feet to any other structure on the same parcel and shall conform with all setback requirements of the District. Exception: Parking structures are excluded from this provision. (b) Parcels which,prior to the effective date of this ordinance,had an oil suffix (0,01) and are identified in Figure 4.14, shall retain such suffix in combination with the new-zoning designation "Downtown Specific Plan" (see Section 4.14). (c) Parcels which, prior to the effective date of this ordinance,had a Mobile home District(MH), shall retain such designation in combination with the new zoning designations in the "Downtown Specific Plan" serving as an overlay, for the effected Districts (see Section 4.16). (d) All non conforming uses or structures, or uses which have been abandoned for more than six(6) months, shall be required to meet all applicable provisions of the Huntington Beach Zoning and Subdivision Ordinance Cede in each of the following: Any expansion of floor area greater than ten (10) percent; increase in height; or an increase in the permitted density shall require a conditional use permit to the Planning Commission and shall be required to comply with all applicable provisions of the Huntington Beach Zoning G:DWNTWNSP 7 + Downtown Specific Plan Revised 2/06/02 and Subdivision Ordinance Gede. Deviations to parking and density development standards are not allowed. Minor deviations to other development standards shall be subject to special permits. Any change of use, expansion of use, or change in occupant to a use which would require additional off street parking shall provide the required off . street parking according to the Huntington Beach Zoning and Subdivision Ordinance Cie or as required by the Downtown Parking Master Plan. If fifty percent(50%) or more of an existing structure is demolished and reconstructed, the new structure must provide the required off-street parking. The parking may be provided through the payment of in-lieu fees as allowed by the Downtown Specific Plan in-lieu fee parking program. Exception: Any building alteration, rehabilitation or facade improvement which does not exceed ten (10) percent expansion of the existing floor area; does not increase the height; or result in an increase in permitted density. The Design Review Board shall review and approve any proposed exterior modifications. 4.2.02 Minimum Parcel Size. A minimum parcel size shall be established in each District. A waiver of this requirement may be granted by the Director for residual parcels. In addition, the following minimum floor areas shall apply to all residential dwelling units, except affordable units.(see Section 4..2.30).. Minimum Floor Unit Type Area (Sq. Ft.) - Bachelor and single 450 One (1)bedroom 650 Two (2)bedrooms 900 Three (3) bedrooms 1100 Four(4)bedrooms 1300 4.2.03 Maximum Density/Intensity. The maximum allowable density and/or intensity(Floor Area Ratio) shall be established in each District. 4.2.04 Maximum Building Height. The maximum allowable building height shall be established in each District. In addition, the following shall apply:' (a) An additional ten (10) feet in height will_be allowed for roof line treatment, architectural features such as chimneys, solar energy equipment and mechanical devices. In no case may the air space granted for these purposes above the maximum height limit be used as a habitable room. (b) An additional fourteen (14) feet in height maybe allowed for elevator equipment. All mechanical devices, except for solar panels, shall be set back and screened so that they cannot be seen from public right-of-ways. 4.2.05 Maximum Site Coverage. The maximum allowable site coverage shall be established in each District. Any part of the site covered by a roof, including covered walkways, patios and carports, shall be included in coverage. G:DWNTWNSP 8 Downtown� Specific Plan e Exception: Subterranean or semi-subterranean parking less than forty-two(42) inches in height above the adjacent grade shall be subject to the provisions of Section 4.2.13(b). 42.06 Setback(Front Yard). The minimum front yard setback shall.,be established in.each District., In addition, the following shall apply: (a) No structure or portion of any structure shall project into or over the public ROW. (b) The minimum front yard setback for parking lots and all parking structures above grade shall be ten (10) feet. Structures below 42 inches in height are not subject to this provision. (c) The minimum front yard setback for subterranean and semi-subterranean parking structures shall be subject to the approval of the Director and the Department of Public Works. The depth of the front yard setback shall be a minimum of five (5) feet. 4.2.07 Setback(Side Yard). The minimum side yard setback shall be established in each District. In addition, the following shall apply: The minimum exterior side yard setback for parking lots and above grade parking structures shall be ten (10), feet. 4,2.08 Setback(Rear Yard). The minimum rear yard setback shall be established in each District. ' 4.2.09 Setback(Upper Story): An upper story setback shall be established in each District. 4.2.10 Building Separation. No building shall be closer than ten (10) feet to any other detached building on the same site. 4.2.11 Open Space. A minimum public open space provision will be established in each District. In addition, the following open space requirements shall apply to all residential developments: (a) Common Open Space: All multi-family residential developments shall provide a minimum common open space equal to twenty-five (25) percent of the floor area of each unit with a minimum dimension of twenty(20) feet. Common open space shall be designed so that it enhances the appearance of the project to passers-by.. In multiple unit.subdivision'developments, common areas shall be guaranteed by a restrictive covenant describing the common space and its maintenance and improvement, running with the land for the benefit of residents of the development. The developer shall file with the Department of Planning for recordation with the final subdivision map, legal documents which will provide for restricting the use of common spaces for the designated purpose, as approved on the final development plan. All lands to be conveyed to the homeowner's association shall be subject to the right of the grantee or grantees to enforce maintenance and improvements of the common space. (b) Private Open Space: All multi-family residential developments shall provide the following private open space. All ground floor units shall be provided with a patio area as set forth below. P__ � Yyp Minimum Area Min. Dim. G:DWNTWNSP 9 Downtown SpecTiTic Plan Revised 2/06/02 s Unit Type (Sq. Ft. Ft. Bachelor, single or One (1) bedroom 200 10 Two (2) bedrooms 250 10 Three (3) bedrooms 300 10 Four(4). bedrooms 400 10 Units constructed above ground level shall be provided with balconies or sun decks as follows: Minimum Area Min. Dim. Unit Type (Sq. Ft. Ft. Bachelor, single or 60 6 One (1) bedroom Two (2), three (3), or 120 6 Four(4)bedrooms Note: Private open space shall be contiguous to the unit and for the exclusive use of the occupants. Private open space shall not be accessible to any dwelling unit except the unit it serves. Private open space shall be physically separated from common areas by a wall or hedge at least forty-two (42) inches in height. The private open space requirement may be satisfied in whole or in part by areas used for outdoor activities which need not be open to the sky but must be open on at least one (1) side. 4.2.12. Multi-block Consolidations. Where consolidations span two (2) or more Districts, the requirements of each District shall apply to that portion of the developtrient. Divisions between Districts shall be the center line of the vacated street. In addition, the following shall apply: (a) Visitor-serving commercial uses must be provided within that portion of the development designated as a visitor-serving District. (b) Commercial uses must be provided on the ground floor along Main Street. 4.2.13 Parking. All developments (except as provided in Section 4.2.30) will be required to meet the minimum off-street parking standards of the Huntington Beach Zoning and Subdivision Ordinance Eele or as required by the Downtown Parking Master Plan. _3 Exception: Affordable housing projects may reduce the required on=site guest parking. Residential: All parking, as required by the Huntington Beach Zoning and Subdivision Ordinance fie, shall be provided on-site. Commercial: (a) Parking for all commercial projects within the area of the Downtown Parking Master Plan shall be consistent with the parking requirements of the Downtown Parking Master Plan. Districts 1,2,4, a portion of 5, 7, 8, 9, 10 and 11 shall ( t provide one-hundred (100) percent of the required parking on-site, pursuant to the l� Huntington Beach Zoning and Subdivision Ordinance fie. G:DWNTWNSP 10 Downtown Specific Plan e Parking in District 3, a portion of District 5, and District 6 shall be provided on- site to the maximum extent feasible, as identified in the Parking Master Plan. The balance of any required parking shall be provided in facilities within.walking distance. Any required off-site parking spaces shall be in place prior to the issuance of a Certificate of Occupancy.for any development. _All.parking for any portion of.a District which is not within the area of the Downtown Parking Master Plan shall provide one-hundred (100) percent of the required parking on-site, pursuant to the Huntington Beach Zoning and Subdivision Ordinance Cie. (b) All off-street uncovered surface parking spaces shall be screened. Screening shall be a maximum of thirty-two (32) inches high as measured from the adjacent parking surface. Screening shall consist of landscaping or landscaping combined with opaque materials, and must be approved by the director. (c) Any commercial business (retail, office, restaurant) which requests to participate in the in-lieu parking fee program shall submit a conditional use permit application for review and approval. 4.2.14 The Downtown Parking Master Plan The Downtown Parking Master Plan is based on a shared parking concept. Shared parking in effect allows one (1) parking space to serve two (2) or more individual land uses without conflict. Shared parking relies on the variations in the peak parking demand for different uses. In other words,parking demands will fluctuate in relationship to the mix of uses by hour,day of week,and season. The proper.mix will create an interrelationship among different uses and activities.which results in A.' reduction of the demand for parking. The Downtown core area is centered along the Main Street commercial corridor. This commercial corridor divides into two (2) distinct areas, north and south of Orange. The area which encompasses the Downtown Parking Master Plan is identified on the area map (Figure 4.1). Area 1 - The area south of Orange Avenue along Main Street provides the greatest amount of public parking opportunities both off-street and on-street. Area 1 has the greatest number of visitor-serving and seasonal commercial uses including year round entertainment. This area also has the greatest concentration of expanded commercial, restaurant and office uses, and therefore, the majority of the public parking spaces are provided in this area.. Expanding commercial activity in this area remains the focus of the Downtown Master Plan, however, no additional parking for new or expanded commercial, restaurant and office uses should be required provided the total square footage and mix of uses do not exceed the Master Plan projections. The city shall retain the option to purchase property for a public parking facility. Area 2 - The area north of Orange Avenue along Main Street provides limited amounts of public parking opportunities. This area is still part of the Downtown core. However, the commercial uses in Area 2 cater more to year-round residents, therefore, additional on-street short-term parking is provided. The existing Downtown public parking facilities are not conveniently located for use in this area, thus, a combination of expanded on-street and on-site parking may be necessary for new or expanded commercial uses. The commercial activity remains primarily service-related commercial; the existing supply of on-street and on-site parking should be sufficient G:DWNTWNSP I 1 7 Downtown Specific Plan 7 Revised 2/06/02 a for anticipated uses. The mix of commercial and residential activities can justify a parking reduction and additional parking may not be necessary if development does not exceed the Master Plan projections. The city shall retain the option to purchase property for a public parking facility. City-owned and controlled public parking in the Downtown Parking Master Plan (DPMP) area.shall be consistent with the City's certified land use plan. The DPMP is structured to protect beach user parking by providing adequate public parking within the Downtown area. The DPMP encourages the use of the City-owned and controlled parking sites within the DPMP area. To encourage the use of the City-owned public parking facilities,parking controls such as time limits, and parking rates may be adjusted to maintain the desired use of these spaces by patrons and employees of the downtown area. A validation program for the City-owned public parking structure has been established as an incentive for the use of the structure by the patrons and employees of the downtown area. Any changes to the program shall be submitted to the Executive Director to determine if an amendment to the Specific Plan is necessary. G:DWNTWNSP 12 Downtown Specific Plan e LEGEIiD I PARKLI G tiLA.STER PLAN II AREA 1 i \ A.. Main Pier Two B._ Pierside Pavilion/Pier Colony. C. Second Block Rehabilitation . D. H.B. Promenade E. Plaza AImeria F. Post Office Block AREA 2 G. Town Square H. Fourth Block East A'�yy ♦ :pI I. Art Center Block \ S�pl 1 1 � ORANGE — — AVE. �C 0 Cn y OWE AVE. j WALNUT _ AVE. '�' �. -_ - ------------ - , v The Downtown Parking Master Plan anticipates a total development scenario of approximately 715,000 square feet of commercial activity. The DPMP has development thresholds of 144,000 square feet for restaurant, 300,000 square feet for retail, 126,000 square feet for office and 145,000 square feet for miscellaneous development. Area 1 will contain approximately 626,000 square feet of commercial development;with the remaining 89,000 square feet in Area 2. The Planning Department shall be responsible for monitoring the development square footage per land use and the number of parking spaces within the Downtown Parking Master Plan area. An annual review and monitoring report of the Downtown Parking Master Plan shall be prepared by the Planning Department and presented for review by the Planning Commission and City Council. Following the review by the City Council, the Downtown Parking Master Plan annual review and monitoring report shall be submitted to the Executive Director of the California Coastal Commission for review. The Downtown Parking Master Plan annual review and monitoring report shall include, at a minimum: 1) amount and type of development square footage approved during the annual review period; 2) total amount of square footage in the Downtown Parking Master Plan area; 3) an inventory of existing parking spaces; 4) a parking utilization study; 5) an assessment of parking demand compared with parking supply; 6) a determination of whether adequate parking.remains to serve development allowed up to the total development cap. If the Downtown Parking Master Plan annual review and monitoring report indicates that the parking supply is inadequate to serve the approved level of development or if the development square footage exceeds the amount described above (up to 715,000 square feet total), all development within the Downtown Parking Master Plan area shall provide parking consistent with Off-Street Parking and Loading Provisions of the Huntington Beach Zoning and Subdivision Ordinance, unless and until new parking to meet the identified demand is approved and constructed. Changes between one or more of the individual use categories may be allowed as long as the total square footage does not exceed 715,000 square feet,provided there are corresponding changes in the other use categories to assure adequate parking remains. Parking shall be provided.for each Area. If a project is built in Area Orie that"requires . more shared parking than is available in Area One, credit from Area Two shall not be used. If a project is built in Area Two that requires more shared parking than is available in Area Two, credit from Area One shall not be used. Although the Downtown Parking Master Plan distinguishes behveen the location and type of parking resources available in Area 1 and Area 2, the adjusted parking requirement for both Area 1 and Area 2 is the same (Figure 4.2). The common parking requirement is based on the shared parking concept for the entire master plan area. Existing and proposed building square footage and uses are parked within the DPMP parking supply as inventoried in the technical background report prepared by Kaku Associates (Sept., 2000), entitled "Downtown Parking Master Plan Update," (Appendix - Existing and Proposed Land Use Analysis Blocks A - I) (Kaku Report,). G:DWNTWNSP 14 Downtown Specific Plan h - � qq �_ Ro.,,wa �inunn e Downtown Parking Master Plan Codified Parking Requirements Land Use H.B. Zoning and Parking Standard Subdivision Ordinance (Percent Reduced) (Citywide) Retail 1:200 1:3 3 3 (60%) Restaurant 1:100 1:100 (0%) Office 1:250 1500 _ (50%) Note: At any time it deems necessary, the Planning Commission may require additional on-site parking to meet the parking =` demands,generated by a use or development. Figure 4.2 46 G:DWNTWNSP 15 Downtown Specific Plan Revised 2/06/02 Future parking within the DPMP area shall be provided as described in Appendix A of the Kaku Report. Redevelopment of blocks that result in a loss of existing parking shall be phased with the provision of parking such that adequate parking exists within each DPMP area at all times. In the event a property owner demolishes his/her existing building, and rebuilds a new building of equal square footage and use, no additional parking shall be required. Any code required parking spaces provided on- site shall be credited for any expansion of square footage or intensification of use. All. required parking shall be calculated based on the reduced requirements of the Downtown Parking Master Plan. The Planning Commission or City Council may impose one (1), all, or a combination of the following requirements to ensure that adequate parking is provided for each development: l. Require projects over 30,000 sq. ft. or one-half(1/2)block in size provide 50% of the code-required parking identified in Figure 4.2 on site. 2. Require that any parking in-lieu fees be full cost recovery based on the parking requirement for specific uses. However, allow that these fees be paid over an amortization period, with appropriate security provided by the applicant to guarantee payment. 3. Require valet parking once the maximum build out of restaurant activity has been obtained. 4.. Commercial projects.greater than 10,000 square feet in size"shall be required to submit a parking management plan consistent with the Downtown Parking Master_ Plan. _ 5. Require valet and/or remote parking for special events and activities, and during the peak summer season. 6. Require the applicant to provide additional on-site and/or off-site parking for any development. 7. Develop parking options which may generate additional parking for any development. 8. Develop a sign program to direct motorists to primary parking facilities within the Downtown Parking Master Plan. 4.2:15 Landscaping. In addition to City standard landscape plans and specifications,the following shall apply: (a) All setback areas fronting on or visible from an adjacent public street, and all recreation, leisure and open space areas shall be landscaped and permanently maintained in an attractive manner and shall be consistent with the adopted Design Guidelines. (b) Permanent automatic electric irrigation facilities shall be provided in all landscaped areas. (c) On-site trees shall be provided in all developments as follows: One(1) thirty-six (36) inch box tree for each residential unit or for each 2,500 square feet of gross site area for commercial or office space. Alternatively, the equivalent of thirty-six G:DWNTWNSP 16 Downtown Specific Plan a (36) inch box trees may be provided where feasible (except when palm trees are required). Seventy-five (75) percent of the total requirement shall be thirty-six(36) inch box trees and the remaining twenty-five (25) percent of such requirement may be provided at a ratio of one (1) inch for one (1) inch.through the use of twenty-four (24) inch box trees. Additional trees and shrubs shall also be planted to provide a well-balanced landscape environment. Exception: Structures fronting on Main Street, Fifth Street and Third Street, with a required five (5) foot setback shall be exempt from this requirement. (d) A landscape and irrigation plan in conformance with the adopted Design Guidelines shall be subject to approval by the Director and the Department of Public Works prior to the issuance of building permits. (e) All parking lots shall provide a decorative masonry wall or landscaped berm installed in the setback area. All landscaping shall be installed within the parking lot area, in accordance with the Huntington Beach Zoning and Subdivision Ordinance Ge&. Parking structures must screen all street-level parking areas from the public ROW. Such screening must be approved by the Director. The setback area shall be landscaped in accordance with the following guidelines and a landscape plan shall be submitted to and approved by the Director: Where feasible, planting material shall include a minimum three(3).five (5) gallon size shrubs for each seventy-five (75) square feet of landscaped ' area and at least one (1) thirty-six (36) inch box tree or palm for each one hundred and fifty(150) square feet of landscaped area(except when palm trees are required). The setback area shall be planted with suitable ground cover. The landscaped area shall be provided with an irrigation system which conforms to the standards specified for landscaped medians by the Department of Public Works. All landscaping shall be maintained in a neat and attractive manner. ° 41.16 Street.Vacations. The following-conditions will apply.to City vacation of streets and alleys for consolidation of parcels greater than.one block in size: . (a) Streets shall be vacated only after the City has analyzed the impacts on circulation patterns and determined that the vacation will not be detrimental. (b) Where streets are to be vacated, the cost of relocating all utilities shall be borne by the developer; the City Council may waive this requirement. (c) Any public parking lost by street vacations must be replaced either on or off site or through in lieu fees. Such parking shall be in addition to required parking for the proposed use. (d) Consolidations that require vacation of a portion of Main Street north of Orange Avenue shall provide a public plaza space that will enhance the Main Street G:DWNTWNSP 17 Downtown Specific Plan CJ Revised 2/06/02 corridor to the pier. The type of facility and its design shall be approved by the City. (e) At the discretion of the City Council,all or portions of Main Street may be used for a pedestrian mall, subject to a public hearing. (f) Any development proposing the vacation of streets intersecting PCH in Distriet 2 and District 3 shall provide a view corridor not less than the width of the former street between Walnut Avenue and PCH. No structures greater than forty-two (42)inches in height shall be allowed within such view corridor. A pedestrian easement ten (10) feet wide shall be provided through the development generally parallel to the vacated street. 4.2.17 Access Ways. The following standards shall apply to all vehicular access ways: All Development: (a) Developments abutting Pacific Coast Highway(PCH) or Main Street shall dedicate sufficient additional land along the alleys parallel to these rights-of-way so that the alleys have an ultimate width of twenty-four(24) feet in the case of commercial or mixed use developments,or twenty(20) feet in the case of residential only developments. No more than one-half(1/2) of the total alley dedication shall be from one (1) side. Access to development shall be permitted from these alleys. Access to development shall not be taken directly from PCH; new automobile curb cuts on this right-of-way are prohibited. Access to developments on Main Street shall be limited to one(1)point of ingress only for developments which have greater than one hundred (100) feet of frontage - subject to Public Works design standards. Exception: Developments that are larger than full block consolidations in District 1 are exempt from this provision. (b) All access ways shall be free and clear of any and all structures including but not limited to trash enclosures, utility devices or storage areas. Residential Development: (c) Private access ways shall have a minimum paved width of not less than twenty- _ _ eight(28) feet. An additional twelve (12) foot wide travel lane may be required in each direction of traffic:flow into the development for a distance of one hundred (100) feet, where an access way intersects a local or arterial public street. (d) Private access ways exceeding one hundred fifty(150) feet in length but less than three hundred (300) feet in length, shall be provided with a turn-around having a minimum radius of thirty-one (31) feet. For those access ways exceeding three hundred (300) feet but less than six hundred (600) feet, there shall be provided a turn-around having a minimum radius of forty(40) feet or an inter-tying loop circulation system. For those access ways exceeding six hundred (600) feet, there shall be provided an inter tying loop circulation system. G:DWNTWNSP 18 Downtown Specific Plan Revised ?IOAIO') a 4.2.18 Lighting. For developments of more than two (2) units, the developer shall install an on-site lighting system on all vehicular access ways and along major walkways. Such lighting shall be directed onto driveways and walkways within the development and away from adjacent properties. Lighting shall also be installed within all covered and enclosed parking areas. A lighting plan shall be submitted to and approved by the . Director. 4.2.19 Outside Storage Space. Where a proposed residential development does not include a separate attached garage for each dwelling unit, a minimum of one hundred(100) cubic feet of outside storage space shall be provided for each such unit. 4.2.20 Sewer and Water Systems. Sewer and water systems shall be designed to City standards and shall be located underneath streets, alleys or drives. In no case shall individual sewer lines or sewer mains for a dwelling unit be permitted to extend underneath any other dwelling unit. 4.2.21 Signs. All signs shall conform to the provisions of the Huntington Beach Zoning and ubd Sivision Ordinance fie. Commercial signs in mixed developments shall not be intrusive to residential development or other uses and shall be consistent with the adopted Design Guidelines. (a) The placement of address numbers shall be at'a uniform location throughout a development and shall be approved by the Director. (b) When appropriate, the developer shall install on-site street name signs at the intersections of access ways; as approved by the City Engineer. Street name signs shall also be approved by the.Director.for design and type and shall be consistent_ _ with the adopted Design Guidelines. All signs required by this section shall be installed at the approved locations prior to the time the first dwelling unit is occupied. 4.2.22 Refuse Collection Areas. In residential developments, refuse collection areas shall be provided within two hundred (200) feet of the units they are to serve. In all developments, trash areas shall be enclosed or screened with a masonry wall, and shall be situated in order to minimize noise and visual intrusion on adjacent property as well as to eliminate fire hazard to adjacent structures. Residents shall be provided with collection areas that are separate and distinct from the collection area of offices and other commercial activities. 4.2.23 Vehicular Storage. Storage of boats, trailers, recreational vehicles (as defined herein) - and other similar vehicles shall be prohibited unless specifically designated areas for the storage of such vehicles are,set aside on the final development plan and, in the case of condominium developments, provided for in the association's covenants, conditions, and restrictions. Where such areas are provided, they shall be enclosed and screened from view on a horizontal plane from adjacent areas by a combination of a six(6) foot high masonry wall and permanently maintained landscaping. 4.2.24 Antennas. Antennas shall be consistent with the applicable zoning document. 4.2.25 Utility Lines. All utility lines shall be undergrounded where possible. 4.2.26 Bus Turnouts. In commercial developments of one half block or more, dedication shall be made for bus turnouts as recommended by O.C.T.A. Any bus turnout so qST recommended shall be incorporated as part of the development plan. 1 ..-, ( G:DWNTWNSP 19 Downtown Specific Plan Revised 2/06/02 4.2.27 Orange County Transit Authority Center. A transit center shall be located within proximity of the downtown area which will provide pedestrians access to the beach and retail services. 4.2.28 Homeowners' or Community Association. All multiple unit subdivision developments shall be approved subject to submission of a legal instrument or instruments setting, forth a plan or manner of permanent care and maintenance of open spaces, recreational areas, and communal facilities. No such instrument shall be acceptable until approved by the City Attorney as to legal form and effect, and by the Department of Planning as to suitability for the proposed use of the open areas. If the common open spaces are to be conveyed to the homeowners'association, the developer shall file a declaration of covenants, to be submitted with the application for approval, that will govern the association. The provisions shall include, but not be limited to, the following: (a) The homeowners'association shall be established prior to the initial sale of the last dwelling units. (b) Membership shall be mandatory for each buyer and any successive buyer. (c) The open space restrictions shall be permanent. 4.2.29 Compliance with certain requirements of the Coastal Zone (CZ) Suffix: All projects shall comply with the following sections of the Coastal Zone Suffix_ "Community Facilities"; "Diking, Dredging and Filling "Hazards"; "Buffer Recjuirements"; "Energy"; and "Signs" as identified in the Huntington Beach Zoning- and Subdivision Ordinance Cede. i) Affordable Housiniz Residential projects that offer 50% of the units to persons and households earning between 80-100% of the Orange County Median Income as defined by HUD for a period of 30 years may be eligible for a reduction in the following development standards. Guest Parking- If determined by the Zoning Administrator or Planning Commission that adequate excess public parking is available, the Zoning Administrator 3- or Planning Commission may grant a maximum 100%waiver depending on size and location of project. Common Open Space - Maximum 70% reduction if replaced by private open space. (Roof decks may be used to satisfy a portion of this requirement.) Site Coverage - Maximum 75%. Height - Maximum four(4) stories in any district. Density- The Floor Area Ratio formula may be substituted for units per acre in each district. A maximum 1.0 J / Floor Area Ratio will apply to affordable projects. G:DWNTWNSP 20 Downtown Specific Plan RP6cal IMAIM e Minimum Unit Size - Studio 400 square feet 1 bedroom 600 square feet 2 bedroom 800 square feet It is the intent of these provisions to provide maximum design flexibility while still maintaining high quality design standards in exchange for affordable housing. ii) School Facilities: A school facilities impact mitigation and reimbursement agreement shall be a condition of approval for any subdivision, tentative tract, or parcel map within the Specific Plan. The agreement shall provide for the adequate mitigation of impacts on the elementary and/or high school district. It shall provide for adequate funding of school facilities as may be necessary to serve the student population generated by the proposed development. This condition may be waived by the Huntington Beach Planning Commission and will not apply to affordable housing projects as defined in the Specific Plan. iii) Historic Properties: The Historic Resources Board shall provide to the Design Review Board and Planning Commission recommendations for structures considered to be historically significant as identified in the City's 1989 Historic Survey iv) Outdoor Dining: Outdoor dining on public or private property may be permitted subject to review and approval by the Director of Planning, when in compliance with this Section. Administfatef a ��-��'��r *; this ���*��r The sale o alcohol shall be subject to the review and approval of a conditional use permit by the Zoning Administrator and compliance with the.applicable provisions . , herein• - 1) Location and design criteria. Outdoor dining shall conform to the following location and design criteria: a) The outdoor dining shall be an extension of an existing or proposed eating establishment on contiguous property. b) Outdoor dining located on the sidewalk area of the public right-of-way shall be limited to commercial areas within the Downtown Specific Plan. c) Outdoor dining located on the sidewalk area of the public right-of-way of the first block of Main Street and Pacific Coast Highway within District 3 and on the Municipal Pier shall provide a minimum ten (10) foot clear passage area for pedestrian access. Outdoor dining located on the sidewalk area of the public right-of-way and on all other areas shall provide a minimum eight(8) foot clear passage area for pedestrian access. A wider clear passage area may be required at the discretion of the Director or Zoning Administrator. d) No outdoor dining shall be allowed in mini-parks, publicly owned plazas, or beach areas excluding concession carts with no seating. e) Outdoor dining establishments which do not serve alcohol and are located on public property shall be separated from the clear passage area on the public sidewalk and/or pedestrian walkway by a temporary cordon and removed when not in use. I G:DWNTWNSP 21 Downtown Specific Plan Revised 2/06/02 f)Establishments which serve alcoholic beverages outdoors are required to provide a physical barrier of 36 inches in height surrounding the outdoor dining area that will prohibit passing of alcohol through the barrier. g) All tables, chairs, and umbrellas of outdoor dining located on public property shall be removed when not in use. h) Outdoor dining on private sidewalk areas shall provide a minimum eight(8) foot clear passage area for pedestrian access or a permanent cordon shall surround the outdoor dining area and a minimum five (5) foot clear passage area shall be provided. i)At street intersections, the triangular area formed by measuring 25 feet along the curb lines, shall be clear passage area. j) Temporary, mobile or free-standing food service providers are not eligible under these provisions. 2) Operating requirements, provisions, and conditions. a) A License Agreement including use fees shall be obtained from the City for outdoor dining located on public property.- The License Agreement shall be subject to termination at any time upon a 10-day prior written notice upon determination of the Director or Zoning Administrator that one or more of the conditions or provisions of this Section 4.2.33 have been violated or that one or more factors listed in Subsection (5)below have changed and the permitted use is no longer compatible with the intended use of the public right-of-way or public property. Termination of a License Agreement shall = nullify the conditional use permit. b) The applicant shall enter into a Maintenance Agreement with the City for maintenance of all portions of the public property used and approved by the Director or Zoning Administrator for the outdoor dining. Said agreement shall be submitted to and approved by the Department of Public Works prior to commencement of the use. c) All outdoor dining operators shall provide a public liability insurance policy as specified in all current insurance resolutions. Such liability insurance shall be provided in a form acceptable to the City Attorney. The policy shall name the - City of Huntington Beach as an additional insured and shall be maintained at all times. d) No food or beverages of any nature shall be sold to any occupant or rider of any motor vehicle or bicycle. e) Alcoholic beverages shall be served in glass containers only. Each glass container shall be permanently printed with a number identifying the establishment serving alcohol. f) The applicant (or operator) shall pay all fees and deposits required by the Huntington Beach Municipal Code, including the fee established for use of public property, prior to operation of the outdoor dining use. I G:DWNTWNSP 22 Downtown Specific Plan Revised 2/06/02 e g) All provisions of the Huntington Beach Municipal Code and Zoning and Subdivision Ordinance shall apply. h) ' Outdoor dining subject to irector approval is su ject to Neighborhood Notification as prescribed in the HBZSO. i) The conditional use permit maybe transferred upon sale or transfer of the restaurant subject to a written request approved by the Zoning Administrator and the property owner. An amendment to the License Agreement will be required prior to transfer of the conditional use permit for outdoor dining on public property. A conditional use permit transfer or License Agreement renewal or amendment may be denied if one of the factors listed in Subsection (5) have changed and the permitted use is no longer compatible with the intended use of the public right-of-way. 3) Parking. Parking shall comply with the Huntington Beach Zoning and Subdivision Ordinance or the Downtown Parking Master Plan; however,no parking spaces shall be required for the outdoor dining portion of the restaurant if the outdoor dining area does not,exceed the following: Total Restaurant Area Outdoor Dining Area a) 1,200 sq. ft. or less with: Maximum.5 tables and 20 seats b) greater than 1,200 sq. ft. with: Maximum of 20%of the restaurant area, not to exceed 400 sq. ft. Any outdoor dining area which exceeds these standards shall provide 100% of the required parking for the entire area. 4) Enforcement. Enforcement of" Section 4.2.33 shall be by the C-emmunity Development r Director of Planning or his/her designee. Any outdoor dininguse within the Downtown Specific Plan that has been established without prior conditional use permit approval must obtain a conditional use permit and if located on public property, a License Agreement within 90 days following the effective date of this ordinance. Any establishment that plans to serve alcoholic beverages in an outdoor dining area must obtain a new conditional use permit and a new License Agreement from the City. 5) Necessary Findings. a) In order to approve outdoor dining the Director or Zoning Administrator shall make the following findings: The sidewalk's public use,pedestrian, transit and business services including but not limited to loading zones, bus stops, public phones, and benches, are not restricted. P � G:DWNTWNSP 23 Downtown Specific Plan Revised 2/06/02 e b) Building entryways are not obstructed. c) Pedestrian traffic volumes are not inhibited. d) Handicapped accessibility is prodded where.required. G:D"T"SP 24 Downtoum Specific Plan RpvicP.i Irn,ciM nu Hu Hu un u u uu UH uu Hu u u HUI -i�oIL �� o 00 00 00 00 no 00 oo 00 00 00 oou � o �o � � 000 �Do i r� uuuuurJ u � � � _ PACIFIC OCEAN I QI 0 � PLANNING DEPARTMENT IA D i 1 DOWNTOWN SPECIFIC PLAN 4.3 DISTRICT#1: VISITOR-SERVING COMMERCIAL Purpose. This District is limited to a node fronting on Pacific Coast Highway(PCH) which is adjacent to medium and high density residential Districts. This node provides a site for commercial facilities to serve visitors to the City and.State Beaches: The area between Goldenwest and 6th Streets will be primarily medium to high density residential. Residential uses will also be permitted in this District, as long as the necessary visitor-serving uses are included in the development. Boundaries. District#1 includes the blocks from 6th to 9th between PCH and the midline of the alley. 4.3.01 Permitted Uses. (a) The following list of Visitor-Serving Commercial uses in District No. 1 may be allowed. Other visitor serving related uses as described in the Land Use Plan, and which have the same parking demand as the existing use not specified herein may be allowed subject to the approval of the Director. Change of use shall be subject to the approval of the Director. For Example: Art gallery Bakery Banks and savings and loans branch offices (no drive-up windows; not to exceed five thousand (5,000) square feet) Beach, swimming and surfing equipment : Bicycle sales,rental and repair - - Boat and marine supplies Bookstores Carts and Kiosks_pursuant to Section 230.94 of the Huntington Beach �,�,,aieipal r�o Zoning and Subdivision Ordinance Clothing stores Delicatessens Drug stores Florists Grocery(convenience) Ice cream parlors Laundromats, Laundries Meat or fish markets a'y Newspaper and magazine stores Newsstands Office Outdoor dining pursuant to S.4.2.33 Photographic equipment sales Photographic processing Public Facilities Shoe stores Sporting goods Tourist related public and semipublic buildings, services and facilities Travel agency G:DWNTWNSP 26 Downtown Specific Plan Revised 2/06/0? e (b) The following list of Visitor Serving Commercial uses and any new eenstf eti or change of such use in District No. 1 may be allowed subject to approval of a Conditional Use Permit from the Zoning Administrator. For example: Dry Cleaning Liquor Stores Restaurants (c) The following list of Visitor Serving Commercial uses and any new construction, or change of such use in District No. 1 may be allowed subject to approval of a Conditional Use Permit from the Planning Commission. For example: Dancing and/or live entertainment Health and sports clubs Motels Permanent parking lots and parking structures Residential uses pursuant to (e) below Service station(minimum 14,000 square feet of net lot area, subject to the development standards outlined in Section 9220.14 of the Huntington Beach Zoning and Subdivision Ordinance Eede) (ed) Visitor-serving commercial uses must be a part of all development proposed in this District,with the following minimum requirements: for projects with less than a half-block of frontage, the entire street level must be devoted to visitor-serving uses; for projects with a half-block or more of frontage, either the entire street level, or at least one-third (1/3)'of the total floor area must be devoted to visitor- serving commercial uses. (de) Residential uses are allowed only in conjunction with visitor-serving commercial uses. The required visitor-serving commercial portion of any initial construction shall be provided prior to or at the same time as any residential portion. No residential unit shall be occupied until the required commercial portion is completed. Projects which are proposed to be phased must proportionately develop the commercial and residential concurrently. 4.3.02 Minimum Parcel Size. The minimum parcel size for development shall be 10,000 sq. ft. of net site area and one hundred (100) feet of frontage on PCH. 4.3.03 Maximum Density/Intensity. The maximum allowable number of residential dwelling units (du) shall be 1 du/1,742 square feet of net lot area or twenty-five (25) units per net acre. The Floor Area Ratio shall be 1.0 calculated on net acreage. 4.3.04 Maximum Building Height. The maximum building height shall be thirty-five (35) feet and no more than three (3) stories. 4.3.05 Maximum Site Coverage. The maximum site coverage shall be fifty(50)percent of the net site area. 4.3.06 Setback(Front Yard). The minimum front yard setback for all structures exceeding forty-two (42) inches in height shall be twenty-five (25) feet from Pacific Coast Highway right-of-way. This setback may be reduced to twenty(20) feet on up to fifty (50) percent of the frontage, provided that the average setback for total site frontage is not less than twenty-five (25) feet. The setback area shall be limited to landscaping only�, G:DWNTWNSP 27 Downtown Specific Plan Revised 2/06/02 and shall be designed to be compatible with the Bluff Top Landscaping area located across Pacific Coast Highway. 4.3.07 Setback(Side Yard). The minimum aggregate side yard requirements shall be as follows: (a) Interior side yard setback shall be twenty (20) percent of lot frontage total.with not less than seven (7) feet on a side. (b) Exterior side yard setback shall be twenty(20) percent of lot frontage total with not less than fifteen (15) feet, from any public ROW. 4.3.08 Setback (Rear Yard). The minimum rear yard setback shall be three (3) feet from the rear property line. Structures may also be cantilevered to within three(3) feet of the rear property line. Note: An additional right-of-way dedication will be required to widen the alley to twenty-four(24) feet for mixed use and commercial projects. No more than one-half (1/2) of the total alley dedication shall be from one (1) side. 4.3.09 Setback(Upper Story). The covered portion of all stories above the second shall be set back an average of an additional ten (10) feet from the second story facade 4.3.10 Open Space. Public open'space and pedestrian access, subject to approval of the Director, maybe required for development projects one full block or greater in size; in order to assure a predominantly visitor-serving orientation. 7 'I G:DWNTWNSP 28 Downtown Specific Plan Revised 2/06/02 I � IiJ �� � Ulu � � Q �� 0000lfl U UU U U HU U U U UUFUH O� O �00 0000r� oo � 0000 � 000000aou� �u �� �� � WN Li PACIFIC COAST HW. PACIFIC OCEAN o6rx�crnz�v�M DOWNTOWN srenFIc rcnry a 0 4.4 DISTRICT#2: RESIDENTIAL Purpose. This District allows residential development exclusively. While allowing higher densities, the District employs graduated height limits and proportional setback requirements to keep the scale of new developments compatible with the existing residential neighborhood. Boundaries. District#2 includes the first block along PCH to Walnut Avenue between Goldenwest Street and 6th Streets except for the area included in District#1. 4.4.01 Permitted Uses. The following residential uses may be allowed in District No. 2: For example: (a) Single Family Detached Dwellings that whieh comply with the development standards ^f�t_r-iet2 herein may be allowed subject to approval by the Director. , to the e. r stf:uet:an of single unit_dwellin_Q.e__®xe-ept as speeifieall..:da ti fie 7 bele . (1) Parking requirements shall be subject to Section 231.04 of the HBZSO, RMH-A District. as r-e uifed f r single unit dwe4iffgg;��- QldtewfL-14ewalet-areas in AFtiele 964. Open s ren„irefr,ents shall be as feeu,ifed f f the Oleltee.,-..lTwh%lat .. feas itiel2-91 (3) Maximum building height shall be three stories and 35 feet. All provisions of Section 210.06 M) (1) shall apply except for subdivisions ( c), (d)(1), and d)(2) including its subparts ty- (30) f et fief fn is dwe11in to,a andfifteenl_LSl feet f let, lee l aeeessefy buildines. In addition, the building height in the front and rear 25 feet orthe lot shall be a toe maximum building height shaH be twenty tree-(22) of 25 feet. within tweny, five (25) feet of the ffe t pr- pe.t..l e (4) See Section 4.4.02 Minimum par-eel size shell be as stated in A ftie.le 914 (5) The f e.nents_eef geetien_97 3n l_3_shall_appl. , ' e n ki insingle it ' dwelli„e, design standard&. b (b) New construction of mMulti-family housing, apartments, condominiums, single family eletae erl_dwealling-&that Ade net n' fnply with gubseet.ee« (a) abe .of and stock-cooperatives are subject to the approval of a Conditional Use Permit from the Zoning Administrator. 4.4.02 Minimum Parcel Size. The minimum parcel size for development shall be twenty-five (25) feet of frontage and 2,500 square foot net size area. 4.4.03 Maximum Density/Intensity. The maximum floor area ratio (FAR) permitted for detached single-family residential development shall be 1.0 excluding area for vehicle parking and loading. The maximum allowable number of residential dwelling units (du) shall increase as the parcel size increases according to the following: G:DWNTWNSP 30 Downtowm Specific Plan Revisers 7/06/0'7 s Lot Size (Frontage) Maximum Allowable Densitv less than 50' 1 du 50' 4 du 51'up to full block 1 du/1,452 sq. ft. of net lot area or 30 units per net acre A maximum floor area ratio of 1.0 shall be permitted for single family residential dwellings. No floor area ratio will apply to multi family dwellings in this district. 4.4.04 Maximum Building Height: See 4.4.01 (3) above 4.4.05 Maximum Site Coverage. The maximum site coverage shall be fifty(50)percent of the net site area. 4.4.06 Setback(Front Yard). The minimum front yard setback for all structures exceeding forty-two (42) inches in height shall be as follows: (a) Parcels fronting on PCH, require a minimum setback of twenty-five(25) feet. This setback shall be limited to landscaping (planting) only and shall be designed to be compatible with the Bluff Top landscaping located across Pacific Coast Highway. Parcels fronting all other streets retqire a minimum setback of 15 feet and a minimum 40 percent of tfie setback area shall be landscaping (planting). Note: This setback may be reduced by five (5) feet on up to fifty(50) percent of the ` frontage,provided that the average setback for the total site frontage is not less than twenty-five (25) feet. (b) Parcels fronting all other streets except PCH, require fifteen (15) feet. This setback may be reduced to eight(8) feet on up to fifty(50)percent of the frontage provided that the average setback for the total site frontage is not less than fifteen (15) feet. 4.4.07 Setback (Side Yard). The minimum aggregate side yard requirements shall be as follows: 4.14.2.1.1 Parcels with one hundred (100) feet or less of frontage require twenty(20) _ percent of the lot frontage, with not less than three (3) feet on a side. Exterior yards require not less than five (5) feet from a public ROW.. 4.14.2.1.2Minimum 25 feet lot width: 10 percent of lot width, three feet minimum, five feet maximum. 4.14.2.1.3Lots.greater than 25 feet in width: 20 percent of lot width, three feet minimum. 4.14.2.1.4Exterior side yards require not less than five feet from a public right-of-way. Exception: Garages located on a single twenty-five (25) foot wide lot*,will be allowed � an exterior yard reduction to not less than three (3) feet from a public ROW. ; 1 y{9 G:DWNTWNSP 31 Downtown Specific Plan Revised 2/06/02 *Note: Twenty-five (25) foot wide lots may have a zero interior side yard setback on one side if: 1) adjacent property is under same ownership and developed at the same time; 2) at least five (5) feet is provided on the opposite side yard of both properties; 3) no portion of.a building at a zero lot line is closer than six (6) feet to an adjacent building, if the buildings are not abutting. (b) Parcels with greater than one hundred (100)feet but less than a half block of frontage require twenty(20)percent of the frontage, with not less than seven (7) feet on any interior yard, and not less than fifteen (15) feet for an exterior yard, from a public ROW. (c) Parcels with greater than a half block of frontage require not less than seven (7) feet on any interior yard and not less than fifteen(15) feet for an exterior yard, from a public ROW. � 6 G:DWNTWNSP 32 Downtown Specific Plan Revised MAMA e 4.4.08 Setback(Rear Yard). The minimum rear yard setback shall be as follows: (a) Parcels fronting on PCH require not less than three (3) feet. Note: An additional right-of-way dedication will be required to widen the alley to twenty(20) feet. No more than one-half(1/2) of the total alley dedication shall be from one (1) side. (b) Parcels fronting all other streets, except PCH, require not less than seven and one- half(7.5) feet. Structures may be cantilevered into this setback, however, not closer than t%vo and one-half(2.5) feet from the rear property line. 4.4.09 Setback(Upper StoDy . The covered portion of all structures above the second shall be setback an average of an additional ten (10) feet from the second story facade. 4.4.10 Open Space: (a) Projects which maintain the twenty-five (25) foot front setback along Pacific Coast Highway shall be allowed to use the front setback area towards common open space. Any encroachments into the twenty-five (25) foot front setback area shall require common open space to be located behind the front setback. (b) No public open space,shall be required in this District. .4.4.11 Resource Production Overlay. A,portion of District#2 is designated'with an Oil Suffix (O, O1). Within'this area, all the,requirements of the resource production overlay shall apply'(see Section 4.14). _ s qbq G:DWNTWNSP 33 Downtown Specific Plan Revised 2/06/02 a PECAN ORANGE Ul---JL' Lll-j --J- L ']- -J LJL-j �- LJH -....HLJ . OLIVE cn cn WALNLTT- .' zEL sw2jL z L — � x .12 m w PACIFIC COAST HWY. PACMC OCEAN rns/n asrstime 4 6 DISTRICT #3 •/J PLANNING D BEACH CALIFORNIA DOWNTOWN SPECIFIC PLAN PLANNING DEPARTMENT HUNTINCTON BEACH a 4.5 DISTRICT#3: VISITOR-SERVING COMMERCIAL Purpose. This District is limited to the five blocks fronting on Pacific Coast Highway across from the City pier. The visitor-serving category is broad enough to include many commercial activities which will also serve the needs of the surrounding community, providing an off-season clientele for the District. The plan also allows residential and office uses in this District so long as the required visitor-serving commercial is provided. Large amounts of ground level open space are encouraged in this District to further promote the feeling of openness and to provide additional view opportunities. Boundaries. District#3 includes the area between PCH and Walnut, from 6th to 1 st Street. 4.5.01 Permitted Uses. (a) The following list of uses which establishes a commercial core and which serves as the transition between visitor-serving and year round commercial uses in District No. 3 may be allowed. Other visitor serving related uses as described in the Land Use Plan, and which may have the same parking demand as the existing use not specified herein may be allowed pursuant to (d) below subject to the. . . . approval of the Director. Change of use shall be subject to'the approval of the Director: For.example: Art gallery Bakeries Banks and savings and loans branch offices (no drive-up windows; not to exceed five thousand(5,000) square feet) Barber,beauty, manicure shops Beach, swimming and surfing equipment Bicycle sales, rental and repair Boat and marine supplies Bookstores Carts and Kiosks_pursuant to Section 230.94 of the Huntington Beach de Zoning and Subdivision Ordinance Clothing stores Delicatessens Drug stores Florists Ice cream parlors Newspaper and magazine stores Newsstands Outdoor dining pursuant to S.4.2.33 Photographic equipment sales Photographic processing Shoe stores Sporting goods Tourist related public and semi-public buildings, services and facilities Travel Agency /�L G:DWNTWNSP 35 Pvntown Specific Plan Revised 2/06/02 (b) The following list of uses and any new eenstFdetien, or change of such use in District No. 3 may be allowed pursuant to (d) below subject to approval of a Conditional Use Permit from the Zoning Administrator: For example: Liquor stores Restaurants Retail sales, outdoor Theaters Note: The ground floor or street level of all buildings in this District shall be devoted to visitor-serving commercial activities. (c) The following list of uses and any new construction, or change of such use in District No. 3 may be allowed pursuant to (d) below subject to approval of a Conditional Use Permit from the Planning Commission: F€or example: Hotel and licensed bed and breakfast designed as a commercial establishment Dancing and/or live entertainment Health and sports clubs Permanent Parking lots and parking structures Residential uses pursuant to (d) (d) All uses and new construction shall comply with the following development requirements: • (-e)The ground floor or street level of all buildings in this District fronting Main Street and Pacific Coast Highway shall be devoted to visitor-serving commercial activities. • (d)Visitor-serving commercial uses must be a part of all development proposed in this District with a minimum requirement that the entire street level, or at least one-third (1/3) of the total floor area be devoted to visitor-serving commercial uses. • (e)Residential uses shall only be permitted if the development includes consolidation of a one block or greater area. 14ete. Residential uses are allowed only in conjunction with visitor-serving commercial uses. Up to one-half(1/2) of the floor area of projects may be devoted to residential uses. • (4)The required visitor-serving commercial portion of any project shall be .- . provided prior to or at the same time as any residential portion. No residential unit shall be occupied until the required commercial portion is complete. (O In the event of a consolidation of a minimum one block area, non-priority (residential) uses may be located in separate structures or on separate portions of the parcel in the context of a planned development, provided no less than one- half of the total floor area permitted is devoted to visitor-serving uses, and provided that substantial public open space and pedestrian access amenities are provided to maintain a predominantly visitor-serving orientation. 4.5.02 Minimum Parcel Size. The minimum parcel size for development shall be 2,500 square feet of net site area and twenty-five (25) feet of frontage. G:DWNTWNSP ` q 6 ) 36 Downtown Specific Plan RPv;c�r IMAM a 4.5.03 Maximum Density/Intensity. The maximum intensity of development shall be calculated by floor area ratios (FAR) for this District. The floor area ratio shall apply to the entire project area. Floor area ratios shall be calculated on net acreage. (a) The maximum floor area for developments in this District shall be calculated with the following multiples: Lot Size Maximum FAR less than half block 2.0 one-half block-full block 2.5 full block or greater 3.0 (b) The maximum allowable number of residential dwelling units (du) shall be 1 du/ 1,452 square feet of net lot area or thirty(30) units per net acre. 4.5.04 Maximum Building_Heigh_ t. The maximum building height shall be as follows: Lot Size Height less than full block 3 stories/35 feet full block or greater, 4 stories/45 feet 4.5.05 Maximum Site Coverage. No maximum site coverage required. .4.5.06 Setback(Front Yard). The minimum front yard setback for all structures exceeding. forty-two(42) inches in height shall be fifteen (15) feet. = " Exception: Parcels fronting on Fifth and Third Streets may be reduced to five (5) feet. Parcels fronting on Main Street must develop to a build-to-line* five(5) feet from the property line. *Note: The build-to requirement can be satisfied by extending any of the following to five(5) feet of the property line: 1) the facade of the ground floor level; 2) a plaza or patio used for open-air commercial activity; 3) a low-wall or fence(not exceeding forty- two (42) inches in height), planters or other architectural features, which extend along at least fifty(50)percent of the frontage along the lot line;4) two (2) side walls and second story facade. Note: The following maybe permitted in the front yard setback on 5th Street, 3rd Street,.Main Street, First Street and PCH: benches,bicycle racks,transparent wind . screens and open-air commercial facilities. Note: An additional ROW dedication will be required for parcels fronting on PCH of five (5) feet, for additional parkway and sidewalk; and two and one-half(2-1/2) feet for parcels fronting on Sixth Street. 4.5.07 Setback(Side Yard). The minimum aggregate side yard requirements shall be as follows: (a) Parcels fronting on Sixth, Second and Lake Streets require twenty(20)percent of lot frontage,with not less than seven (7) feet for an interior yard and not less than fifteen (15) feet for an exterior yard, from a public ROW. &M NTWNSP 37 Downtown Specific Plan Revised 2/06/02 (b) Parcels fronting on Fifth, Main and Third Streets and Pacific Coast Highway require zero for an interior yard. Exterior side yard requirements shall equal the front yard setback for the respective street. 4.5.08 'Setback(Rear Yard). The minimum rear yard setback shall be three (3) feet from the rear property line. Structures may also be cantilevered to within three (3) feet of the rear property line. Note: An additional ROW dedication will be required to widen the alley to twenty-four (24) feet. No more than one-half(1/2) of the total alley dedication shall be from one (1) side. 4.5.09 Setback(Upper Story). Upper story setbacks for this District shall be as follows: (a) Parcels fronting PCH, 6th, 2nd and First Streets: all stories above the second shall be set back an average of twenty-five (25) feet from the ultimate street ROW. Up to fifty(50)percent of the building frontage may be set back fifteen(15) feet from the ROW, providing that the average setback on upper stories is no less than twenty-five (25) feet. (b) Parcels fronting on 5th and 3rd Street: any part of the building facade above the second story shall be set back ten (10) feet from the first story facade. (c) Parcels fronting on Main Street: no building or portion of a building above the second story, shall be within ten.(10) feet of the build-to line. (d) Structures exceeding thirty-five (35) feet in height: the portion of the structure - above 35 feet in height shall be set back a minimum of ten (10) feet from the interior side yard property line. 4.5.10 Open Space. All development projects within this District shall provide public open space. A minimum of ten (10) percent of the net site area must be public open space. (a) Full block developments on Main Street require public plazas at the corner of PCH and Main Street. These street level public plazas shall be incorporated into the design of the development and approved by the Director. Such plazas shall have the following characteristics: Location: street level corner; one side must face Main Street. Area: not less than one thousand (1,000) square feet excluding'public right-of--way. Landscaping: not less than thirty(30) percent of the plaza area should be planted. Paving: all paved areas shall be textured. Visual Feature: plazas must include a sculpture, fountain, information kiosk, pond, display, or similar visual amenity. Public Seating shall be provided. Open Air Commercial: not more than fifty(50) percent of the plaza area may be used for open air commercial uses. q b G:DWNTWNSP 38 Downtown Specific Plan Revised 2/06/02 e - - PECAN ORANGE OLIVE .. F cn F F cn CnL-J En y WALNUTy y E^ vF'i � . tH .� F zCD > cF V tsk'• � vim, W PACIFIC COAST HWY. PACIFIC OCEAN naves o=4= DISTRICT #4 HUNTINGTON BEACH PLANNING DEPARTMENATLIFORNIA DO Y r 1V TO Y%1V SPECIFIC PLAN hWMNGTON BEACH 37 4.6 DISTRICT#4: MIXED-USE; OFFICE RESIDENTIAL Purpose. This District flanks the Downtown core area, separating the area along Main Street from the outlying areas which are primarily residential. The purpose of this District is to provide a transition zone between the existing residential areas to the commercial Main Street corridor. Consequently, mires of office and residential uses are permitted. Boundaries. District#4 includes the half-blocks on the northwest side of the Main Street core area from 6th Street to the alley between 6th and 5th Streets; and from the alley between 3rd and 2nd Streets to the alley between 2nd and First Streets, between Walnut and Orange Avenues. 4.6.01 Permitted Uses. (a) The following list of principal uses in District No. 4 may be allowed. Other office-residential related uses not specified herein may be allowed subject to the approval of the Director. Change of use shall be subject to the approval of the Director. For example: Office Use -professional, general business and non-profit offices. Outdoor dining pursuant to S.4.2.33 Carts and Kiosks_pursuant to Section 230.94 of the Huntington Beach N4"^4^ipa' r' ning and Subdivision Ordinance. Commercial Use -Commercial uses which are integrated within and clearly incidental to an office use, shall be permitted provided that it cumulatively does not exceed ten (10) percent of total gross floor areas of the development. Note: Single Family Detached dwellings,which comply with the development standards in District#4 2 shall be subject to the approval by the Director in lieu of a conditional use permit. (b) The following list of uses and any new construction, or change of such use in District No. 4 may be allowed subject to approval of a Conditional Use Permit from the Zoning Administrator: For example: Residential Use - multi-family housing, apartments, condominiums and stock cooperatives. Mixed-Use - Mixed Residential/Office Use developments shall be permitted provided that residential uses: Be segregated to separate structure or restricted to the second story or above; Not occupy any portion of the same story with non-residential uses, unless they are provided with adequate physical and acoustical separation; Be on contiguous floors within a single structure; �--- Be provided with separate pedestrian ingress and egress; G:DWNTWNSP 40 Downtown Specific Plan Revised 2/06/02 e Be provided with secured, designated parking. 4.6.02 Minimum Parcel Size. The minimum parcel size for development shall be twenty-five hundred(2500).square feet and twenty(25) feet of frontage. .However, existing lots twenty-five (25) feet in width or greater shall not be subdivided to create smaller parcels. 4.6.03 Maximum Density/Intensity. The maximum intensity of development shall be calculated by Floor Area Ratio (FAR) for the District_ The Floor Area Ratio shall apply to the whole District. The Floor Area Ratio shall be 1.5 calculated on net acreage. Lot Size (Frontage) Maximum Allowable Density Less than 50' 1 du 51'up to full block 1 du/1,452 sq. ft. of net lot area or 30 units per net acre 4.6.04 Maximum Building Height. The maximum building height shall be thirty-five (35) feet and no more than three (3) stories. 4.6.05 Maximum Site Coverage. The maximum site coverage shall be fifty(50)percent of the net site area. 4.6.06 Setback(Front Yard). The minimum front yard setback for all structures_exceeding forty-two.(42) inches in height shall be fifteen (15)feet.: Note: An additional ROW dedication will be required for parcels fronting on Sixth - Street, of two and one-half(2-1/2) feet. 4.6.07 Setback (Side Yard). The minimum aggregate side yard requirements shall be as follows: (a) Parcels with one hundred (100) feet or less of frontage require twenty(20)percent of the lot frontage, with not less than three (3)feet on a side. Exterior yards require not less than five (5) feet from a public ROW. Exception: Garages located on a single twenty-five(25) foot wide lot., will be allowed an exterior yard reduction to not less than three (3) feet from a public ROW. *Note: Twenty-five(25) foot wide lots mayhave a zero interior side yard setback.on one side if: 1) adjacent property is under same ownership and developed at the same time; 2) at least five (5) feet is provided on the opposite side yard of both properties; 3) no portion of a building at a zero lot line is closer than six(6) feet to an adjacent building, if the buildings are not abutting. (b) Parcels with greater than one hundred (100) feet but less than a half block of frontage require twenty(20) percent of the frontage,with not less than seven (7) feet on any interior yard, and not less than fifteen (15) feet for an exterior yard, from a public ROW. (c) Parcels with greater than a half block of frontage require not less than seven (7) feet on any interior yard and not less than fifteen (15) feet for an exterior yard, from a public ROW. _ /J G:DWNTWNSP 41 Downtown Specific Plan Revised 2/06/02 4.6.08 Setback(Rear Yard). The minimum rear yard setback shall be three (3) feet from the rear property line. Structures may also be cantilevered to within three (3) feet of the rear property line. Note: An additional ROW.dedication maybe required to.widen.the alley to twenty-four (24) feet). .No more than one-half(1/2) of the total alley dedication_shall be from one (1) side. 4.6.09 Setback(Upper Story). The covered portions of all stories above the second shall be set back an average of an additional ten (10) feet from the second story facade. 4.6.10 Open Space. No public open space shall be required in this District. G:DWNTWNSP 42 Downtown Specific Plan a PECAN I i ORANGE ;1 , OLIVE � y F WALNUT cn z z z W z o PACIFIC COAST HWY. PACMC OCEAN V" wr4cm ' DISTRICT #5 0 ,1 HUNTINGTON BEACH PLANNING DEPARTMENT TLIFORNtA DOWNTOWN SPECIFIC PLAN • 111 HUN7INGMN BEACH 41 � / ✓ e 4.7 DISTRICT#5: MIXED-USE; COMMERCIAUOFFICE/RESIDENTIAL PuEpose. This District includes the blocks on either side of and including Main Street, and constitutes the oldest commercial area in the City. The purpose of this District is to re-establish the area as the Downtown for the City by creating a more urban atmosphere, encouraging relatively higher intensity development with viable commercial office and residential uses. View corridors along with height and orientation restrictions in the development requirements of this District are intended to focus development on the Main Street corridor. The Main Street-pier axis is intended to be an active, vital and interesting pedestrian way, intersecting with and complementing the visitor-serving commercial area on PCH and the pier area. The District promotes mixed uses of commercial, office and residential developments. Boundaries. District#5 includes the area from the alley between 6th and 5th Streets to the alley between 3rd and 2nd Streets and the 1 st Street frontage (on the northwest side) from Walnut to Orange Avenues. 4.7.01 Permitted Uses. (a) The following list of uses which establishes a commercial core and which serves as the transition between visitor-serving and year round commercial uses in District No. 5 may be allowed. Other commercial/office/residential related uses not specified herein may be allowed pursuant to (d) below subject to the approval of the Director. Change of use shall be subject to the approval of the . Director: For Example: Antique stores Art gallery Bakeries Banks and savings and loans branch offices Barber, beauty, manicure shops Beach, swimming and surfing equipment Bicycle sales, rental and repair Boat and marine supplies Bookstores Boutiques Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach Muaieipal Zoning and Subdivision Ordinance Clothing stores . Delicatessens Drug stores Dry cleaning Florists Groceries General retail Hardware stores Hobby supplies Ice cream parlors �. Jewelry stores Laundromats Newsstands Office Supplies G:DWNTWNSP 44 Downtown Specific Plan Revised 2/06/02 e Offices Outdoor dining pursuant to S.4.2.33 Photographic equipment sales Photographic processing Public facilities Shoe repair. Shoe stores Sporting goods Stationery stores Tailor shops Travel agency (b) The following list of uses and any new eenstfuetion, or change of such use in District No. 5 may be allowed pursuant to (d) below subject to approval of a Conditional Use Permit from the Zoning Administrator: For example: Liquor stores Restaurants (be) The following list of uses and any new construction, or change of such use in District No. 5 may be allowed pursuant to (d) below subject to approval of a Conditional Use Permit from the Planning Commission: For example: Dancing and/or live entertainment Health and sports clubs Permanent parking lots-and parking structures Residential uses as part of a 1Vl�ed.Use Development _ (d) All uses and new construction shall comply with the following development requirements: • (e)The street level of all buildings fronting Main Street and 5th Street in this District shall be devoted to commercial activities. (4)Commercial or residential may be permitted on the street level between Olive and Orange Avenue fronting 5th Street and 3rd Street. • (4)The following uses may be permitted above the first floor: (i) Commercial Use - all commercial uses allowed on the first floor may be allowed on the second floor. (ii) Office Use-professional; general business and non-profit offices provided .that: No sales either wholesale or retail which involve delivery of any goods or material to or from the premises occur. No inventory is kept on the premise other than samples. No processing, manufacturing, storage or repair of merchandise of any kind occurs. • ¢ ) Residential Use —Multiple family rResidential uses are allowed only in con unction with commercial uses in this District. Detached single family units are not permitted. Up to one-third(1/3) of the floor area of projects on parcels smaller than one-half(1/2) block may be devoted to 6 G:DWNTWNSP 45 Downtown Specific Plan Revised 2/06/02 residential uses;projects on one-half(1/2)block or larger parcels,except projects fronting on Main St., up to two-thirds (2/3) of the floor area may be devoted to residential uses; projects on full block or larger parcels,.fronting on Main St., up to one-half(1/2) of the floor area may be devoted to residential uses provided that residential uses in addition to the following: Be segregated to a separate structure or restricted to the second story or above; Not occupy any portion of the same story with non-residential uses, unless they are provided with adequate physical and acoustical separation; Be on contiguous floors within a single structure; Be provided with separate pedestrian ingress and egress; Be provided with secured,designated parking. 4.7.02 Minimum Parcel Size. The minimum parcel size for development shall be twenty-five hundred (2500) square feet and twenty-five (25) feet of frontage. 4.7.03 Maximum Densitv/Intensity. The maximum intensity of development shall be calculated by floor area ratio (FAR) for this District. The floor area ratio shall apply to the entire project area. Floor area ratios shall be 2.0 calculated on net acreage., (a) The maximum allowable number of residential dwelling units (du) shall be.'I du/1,742 square feet of net lot area or twenty-five (25) units per net acre. ' 4.7.04 Maximum Building Height. The maximum building height shall be as follows: Lot Size (Frontage) Height less than a full block 3 stories/35 feet full block 4 stories/45 feet 4.7.05 Maximum Site Coverage. No maximum site coverage shall be required in this District. 4.7.06 Setback (Front Yard). The minimum front yard setback for all structures exceeding forty-two (42) inches in height shall be fifteen (15) feet. .Exception: Parcels fronting on Fifth and Third Streets may be reduced to five (5) feet and.parcels fronting on Main Street must develop within five (5) feet of the property line. *Note: The build-to requirement can be satisfied by extending any of the following to five (5) feet of the property line: 1) the facade of the ground floor level;2) a plaza or patio used for open-air commercial activity; 3) a low-wall or fence (not exceeding forty- two (42) inches in height), planters or other architectural features, which extend along at least fifty (50) percent of the frontage along the lot line;4) two (2) side walls and second story facade. b , i q )) G:DWNTWNSP 46 Downtown Specific Plan Revised 2/06/02 e Note: The following may be permitted in the front yard setback on Fifth Street, Third Street, and Main Street: benches, bicycle racks, transparent wind screens and open-air commercial facilities. 4.7.07 Setback(Side_Yard). The minimum side yard requirements shall be as follows: (a) Interior yard requirements shall be zero. (b) Exterior yards require five (5) feet from a public ROW. 4.7.08 Setback(Rear Yard). The minimum rear yard setback shall be three (3) feet from the rear property line. Structures may also be cantilevered to within three (3) feet of the rear property line. Note: An additional ROW dedication will be required to widen the alley to twenty-four (24) feet. No more than one-half(1/2) of the total alley dedication shall be from one (1) side. 4.7.09 Setback Upper StoU). The covered portion of all stories above the second shall be set back an average of an additional ten (10) feet from the second story facade. 4.7.10 Open Space. Parcels within this district having one-hundred (100) feet or more of street frontage, shall provide public open space. All non-residential developments shall provide a minimum of teri(10) percent of the net site area as public open space. Exception: Mixed use,developments which include residential units, may reduce the public open space to five (5)percent of the net site area.:.., Full block developments on Main Street require public plazas. These street level public plazas shall be incorporated into the design of the development and approved by the Director. Such plazas shall have the following characteristics: Location: street level corner; one side must face Main Street. Area: not less than one thousand (1,000) square feet excluding public right-of- way. Landscaping: not less than thirty(30) percent of the plaza area should be planted. Paving: all paved areas shall be.textured. Visual Feature: plaza must include a sculpture, fountain, information kiosk,pond, . display, or similar visual amenity. Public Seating shall be provided. Open Air Commercial: not more than fifty(50) percent of the privately owned publicly used plaza area may be used for open air commercial uses. G:DWNTWNSP 47 Downtown Specific Plan Revised 2/06/02 x c Ul I 2N zzf> TENTH ST. NINTH ST. mz m 9 O �� - J >90 b � � !� EIGHTI ST. SEVENTH ST. 0 0 0 0 SIXTH ST. z �i'r iiri .�li•�.;L t.,�c��y'(tft�i�' ^tom. .}.•J•.r.M1 fu�F'•.�•':f rQ r:� '(SU��'�'. t�}��*t�'?�Z � '"�}¢t�l�tl�yrj:�H1,�� f�y�NU1�1_?}�r?�.f�r�j�y`>'Y,(,•_ti.. Fy Il 44 rr� f t ➢7�„F`j'' rJ.�t11 i. � � d tit• / FIFTH ST. (^F,?,�.,,• t ,�r�w'.Farr,. kl y;K..,� �i�.•,:•l. MAIN ST. t O THIRD ST. C�7 SECOND ST. , n7z= r FIRST ST. i a 4.8 DISTRICT#6: MIXED USE; COMMERCIAUOFFICE/RESIDENTIAL Purpose. This District encompasses the area north of the Downtown core and includes the public library. It is intended to provide a location for neighborhood commercial enterprises to serve surrounding residents, as well as office space, public facilities and residential uses. This mixed use node will.anchor the.inland end of the Main/Pier corridor. Boundaries. District#6 consists of the blocks located between Sixth Street and Lake Street from Orange Avenue to Palm Avenue. 4.8.01 Permitted Uses. (a) The following list of uses which establishes new neighborhood commercial uses and which cater to year round residents in District No. 6 may be allowed. Other commercial/office/residential related uses not specified herein may be allowed pursuant to (d) below subject to the approval of the Director. Change of use shall be subject to the approval of the Director: For Example: Antique stores Art Gallery Bakeries Banks Barber,beauty, manicure shops Bicycle sales, rental.and repair Bookstores Carts and Kiosks ursuant to Section 230:94 of the Huntington each ,�,�,,,,,,.,"al C-de Ening and Subdivision Ordinanee ' Clothing stores Delicatessens Drug stores Dry cleaning Florists Glass shops Groceries Hardware stores Ice House Laundromats, laundries Newspaper and magazine stores Newsstands Offices Outdoor.dining pursuant to S.4:2.33 Photographic equipment sales Photographic processing Photographic studios Public facilities Shoe repair Shoe stores Sporting goods Tailor shops Travel agency n Undertakers V 1 G:DWNTWNSP 49 Downtown Specific Plan Revised 2/06/02 (b) The following list of uses and any new eenstf etien, or change of such use in District No. 6 may be allowed pursuant to (d) below subject to approval of a Conditional Use Permit from the Zoning Administrator: For example: Liquor stores Restaurants (bc) The following list of uses and any new construction, or change of such use in District No. 6 may be allowed pursuant to (d) below subject to approval of a Conditional Use Permit from the Planning Commission: For example: Dancing and/or live entertainment Health and sports clubs Permanent parking lots and parking structures Residential Uses (d) All uses and new construction shall comply with the following development requirements: • (c4Residential uses are allowed in conjunction with commercial uses and/or separate from commercial uses in this district subject to conditional use permit from the Planning Commission or Zoning Administrator. Single family dwellings are subject to Director approval. The following shall apply: (-I)The ground level uses of all buildings fronting Main Street between Orange'Ave. and Acacia Ave. shall be devoted to _ commercial. (de) The frontage on 3rd and Lake Streets between Orange and Palm Avenues may be residential. 4.8.02 Minimum Parcel Size. The minimum parcel size for development shall be two thousand five hundred (2,500) square feet and twenty-five (25) feet of frontage. Existing parcels greater than twenty-five (25) feet in width shall not be subdivided to create 2,500 square foot lots. I 4.8.03 Maximum Density/Intensity. The maximum intensity of development shall be calculated by floor area ratio (FAR) for this District. The floor area ratio shall apply to the entire project area. Floor area ratios shall be calculated on net acreage. (a) The maximum allowable number of residential dwelling units shall be l du/1,742 square feet net lot area or twenty-five (25) units per net acre. (b) Lot Size Maximum FAR Less than half-block 1.5 Half-block or greater 2.0 4.8.04 Maximum Building Height. The maximum building height shall be as follows: Lot Size (Frontage) Height less than 100' ►�jr�//{ 2 stories'30 feet t q V G:DWNTWNSPb I D—g—A 11 Inz— 50 Downtown Specific Plan e 100'up to but less than 3 stories/35 feet a full block full block 4 stories/45 feet 4,8.05 Maximum Site Coverage. No maximum site coverage shall be required in this District. 4.8.06, Setback(Front Yard). The minimum front yard setback for all structures exceeding forty-two (42) inches in height shall be fifteen(15) feet; Exception: Parcels fronting on Fifth and Third Streets may be reduced to five (5) feet and parcels fronting on Main Street must build to within (5) feet of the property line. Note: The build-to requirement can be satisfied by extending any of the following to within five (5) feet of the Property line: 1) the facade of the ground floor level; 2) a plaza or patio used for open-air commercial activity; 3) a low-wall or fence (not exceeding forty-two [42] inches in height), planters or other architectural features, which extend along at least fifty(50) percent of the frontage along the lot line; 4) two (2) side walls and second story facade. Note: The following may be permitted in the front yard setback on Fifth Street, Third Street and Main Street: benches, bicycle racks, transparent wind screens and open-air commercial facilities. 4.8.07 Setback(Side Yard). The minimum side yard requirements shall be as follows: (a) lnterior yard requirements,.for.residential development; shall be ten(10) feet; non residential may be.reduced to;zero. (b) Exterior yards require not less than fifteen (15) feet, from a public ROW. 4.8.08 Setback(Rear Yard). The minimum rear yard setback shall be three (3) feet from the rear property line. Structures may also be cantilevered to within three (3) feet of the rear property line. Note: An additional ROW dedication will be required to widen the alley to twenty-four (24) feet. No more than one-half(1/2) of the total alley dedication shall be from one (1) side. 4.8.09 Setback Upper Story). The covered portion of all stories above the second shall be setback an average of an additional ten (10) feet from the second story facade. 4.8.1.0 Open Space. Parcels within this District having,one.hundred(100) feet or more of street frontage, shall provide public open space. All non-residential developments shall provide a minimum of five percent(5%) of the net site area as public open space on the street level, or above a semi-subterranean parking structure. Access to the public space shall be provided from the street level. Mixed use developments which include residential units, shall also provide public open space to five (5) percent of the net site area. Full block developments on Main Street require public plazas. These street level public plazas shall be incorporated into the design of the development and approved by the Director. qq) b _, a • G:DWNTWNSP 51 Downtown Specific Plan Revised 2/06/O1 O O O � a OoN O � own 0 o . O O _ z a a WALNUT L - ao as - o _PACIFIC COASf HWY. �J DISTRICT #7 HUNTINGTON BEACH CALIFORNIA PLANNING DEPARTMENT NUNTINGTON BEACII DOWNTQyW SPECIFIC PL AN e 4.9 DISTRICT#7: VISITOR-SERVING COMMERCIAL Purpose. This District extends southeast of the Downtown core adjacent to Pacific Coast Highway. The principal purpose of this District is to provide commercial facilities to serve seasonal visitors to the,beaches as well as to serve local residents on a year round basis. This District also provides a continuous commercial link between the Downtown and the visitor-coriimercial/recreation District near Beach Boulevard Boundaries. District#7 extends from First Street to Huntington Avenue between PCH and the proposed Walnut Avenue extension. 4.9.01 Permitted Uses. (a) The following list of Visitor-Serving Commercial uses in District No. 7 may be allowed. Other visitor serving related uses as described in the Land Use Plan, and which have the same parking demand as the existing use not specified herein may be allowed subject to the approval of the Director. Change of use shall be subject to the approval of the Director: For-example--. Art gallery Bakeries Banks and savings and loans branch offices (not to exceed five-thousand (5,000) square feet) Beach, swimming and surfing equipment Bicycle sales, rental and repair .. Boat and marine supplies, Bookstores Carts and Kiosks_pursuant to Section 230.94 of the Huntington Beach Munieipal Zoning and Subdivision Ordinance Clothing stores Delicatessens Florists Groceries (convenience) Ice cream parlors Laundromats, laundries Meat or fish markets Newspaper and magazine stores Newsstands Outdoor dining pursuant to S.4.2.33 Photographic equipment sales Photographic processing Professional Office(not to exceed fifty[50] percent of total floor area) Public Transportation Center Shoe stores Sporting goods Tourist related public and semi-public buildings, services and facilities Travel agency Note: Visitor-serving commercial uses must be a part of all development proposals in this District, with a minimum requirement that the entire street level be devoted to Visitor-Serving Commercial Uses. �V I i G:DWNT«'NSP 53 Downtown Specific Plan Revised 2/06/02 a (b) The following list of uses and any new eeastFdeti , or change of such use in District No. 7 may be allowed subject to the approval of a Conditional Use Permit from the Zoning Administrator. Fef example: Automobile service stations ` Dancing and/or live entertainment Health and sports clubs Liquor stores Restaurants Taverns Theaters (bc) The following list of uses and any new construction, or change of such use in District No. 7 may be allowed subject to the approval of a Conditional Use Permit from the Planning Commission. For example: Hotels and motels Permanent parking lots and parking structures 4.9.02 Minimum Parcel Size. No minimum parcel size shall be required for this District. However, prior to the approval of any development;including subdivision, a master site plan for the entire District shall be approved by the Planning Commission. Development which is in conformance with the site plan may then be permitted. 4.9.03 Maximum Density/Intensity. (a) The maximum intensity of development shall be calculated by Floor Area Ratio (FAR) for the District. The floor area ratio shall apply to the whole District. The floor area ratio shall be 3.0 calculated on net acreage. 4.9.04 Maximum Building Height. The maximum building height shall be eight(8) stories. 4.9.05 Maximum Site Coverage. The maximum site coverage shall be fifty(50)percent of the net site area. 4.9.06 Setback (Front Yard). The minimum front yard setback for all structures exceeding forty-two (42) inches in height shall be fifty(50) feet from PCH. 4.9.0.7 Setback (Side Yard).. The minimum exterior side Yard requirement shall be twenty(20) feet. 4.9.08 Setback (Rear Yard). The minimum rear yard setback shall be twenty(20) feet from the proposed Walnut Avenue extension. Note: An additional ROW dedication will be required to provide for the Walnut Avenue extension. 4.9.09 Setback (Upper Story). No upper story setback shall be required in this District. 4.9.10 Open Space. Public open space and/or pedestrian access shall be required for development projects in order to assure a predominantly visitor-serving orientation. G:DWNTWNSP 54 Downtown Specific Plan e 4.9.11 Corridor Dedication. Development in District#7 shall require the dedication of a twenty(20) foot corridor between Atlanta Avenue and PCH for public access between the southern end of the Pacific Electric ROW and PCH. This requirement may be waived if an alternative public use is provided or if the corridor is deemed unnecessary by-the City. Any proposal for an alternative.public use must be approved by the Planning Commission Y qo� G:DWNTWNSP 55 Downtown Specific Plan Revised 2/06/02 O O O V" O • . O O 0 � AL n e 1.? II r I A'{�'t. 11'1��i•��� d 1 ;gar � wAulvr ^" ---- -- Al-- -- pq ao 0 PAWIC COAST HWY. 1: • DISTRICT #8 J� HUNTINGTON BEACH CALIFORNIA PLANNING DEPARTMENT DOWNTOWN SPECIFIC PLAN DOWNTOWN Lv 1JUNTINGTON BEACH e 4.10 DISTRICT#8: - HIGH DENSITY RESIDENTIAL Purpose. This District is intended to allow high density residential uses. New residential development will provide a population base to.help support the commercial and office uses in the DowntoNti-n area: Boundaries. District#8 includes two consolidated parcels; one parcel is bounded on the north by Atlanta Avenue, on the east by Huntington Street, on the south by the proposed Walnut Extension and on the west by First Street. The second includes the area north of the proposed Walnut Avenue extension between Huntington Street and Beach Boulevard. 4.10.01 Permitted Uses. (a) The following list of uses and any new construction may be allowed in District No. 8 subject to the approval of a Conditional Use Permit. For example: Permanently attached residential uses; including multi-family housing, condominiums, stock-cooperatives or apartments. Public transportation center. 4.10.02 Minimum Parcel Size. No minimum parcel size shall be required in this District. However, prior to approval of any development, a conceptual plan for Sub-area a or Sub-area.b shall be approved by the Planning Commission. Development which is:in conformance with the site plan may then be permitted. - 4.10.03 Maximum Densitv/Intensity. The maximum allowable number of residential dwelling units shall be 1 du/ 1,452 square feet of net lot area or thirty(30) units per net acre. 4.10.04 Maximum Building Height. The maximum building height shall be fifty(50) feet. 4.10.05 Maximum Site Coverage. The maximum site coverage shall be fifty(50)percent of net site area. 4.10.06 Setback(Front Yard). The minimum front yard setback for all structures exceeding forty-two (42) inches in height shall be twenty(20) feet. Note:.An.additional ROW dedication will be required to provide for the Walnut _- Avenue extension: 4.10.07 Setback(Side Yard). The minimum exterior side yard requirement shall be twenty(20) feet. Exception: The minimum exterior yard requirement from Beach Boulevard shall be twenty-five (25) feet. 4.10.08 Setback(Rear Yard). The minimum rear yard setback shall be twenty(20) feet. 4.10.09 Setback(Upper Storv). That portion of structures which exceed thirty-five (35) feet in height shall be set back a minimum of one hundred (100) feet from the northern exterior property line. i G:DWNTWNSP 57 Downtown Specific Plan Revised 2/06/02 4.10.10 Open Space. No public open space shall be required in this District. 4.10.11 Corridor Dedication. Development in District#8 shall require the dedication of a twenty(20) foot corridor between Atlanta Avenue and PCH for public access between the southern end of the Pacific Electric ROW and PCH. This requirement may be waived if the.corridor is deemed unnecessary by the City.. Any proposal for an alternative must be approved by the Planning Commission. 4.10.12 Resource Production Overlay. A portion of District#8 is designated with an oil suffix . (0,01). Within this area all the requirements of the Resource Production Overlay shall apply(see Section 4.14). 4.10.13 Conservation Overlay A portion of District# 8 has been designated with a conservation overlay. Within this area all requirements of the Conservation Overlay shall apply(see Section 4.15). G:DWNTWNSP 58 Downtown Specific Plan Rairim.7�/nc/M O V D O 0 O 0 0 .. o �O O O H 8 --- -- Z uWi wuwuT 0o�as o0 T � _- PACIFIC COAST HWY. DISTRICT #9 oji > HUNTINGTON BEACH CALIFORNIA --A4­1 DOWNTOWN SPECIFIC PLAN PLANNING DEPARTMENT HUNTINGTON BEACH �``� a 4.11 DISTRICT#9: COMMERCIAL/RECREATION Pun2ose. The purpose of this District is to encourage large, coordinated development that is beach-oriented and open to the public for both commercial and recreational purposes. Boundaries. District#9 is bounded by PCH on the south, Beach Boulevard on the east, . Huntington Street on the west, and on the north by the proposed Walnut Avenue extension. 4.11.01 Permitted Uses. (a) The following list of commercial recreation uses in District No. 9 may be allowed. Other visitor serving related uses as described in the Land Use Plan, and which have the same parking demand as the existing use not specified herein may be allowed subject to the approval of the Director. A change of use shall be subject to the approval of the Director. For example: Carts and Kiosks_pursuant to Section 230.94 of the Huntington Beach r,�tini ip t Zoning and Subdivision Ordinance Retail sales Tourist related uses Outdoor dining pursuant to S.4.2.33 (b) The following list of uses and an),new eeastpde6ea, or change of such use.in District No. 9 may be allowed subject to approval of a Conditional Use Permit_ from the Zoning Administrator: For example: Dancing and/or Live entertainment Recreational facilities Restaurants (c) The following list of uses and any new construction, or change of such use in District No. 9 may be allowed subject to approval of a Conditional Use Permit from the Planning Commission. For example: Hotels, motels 4.11.02 Minimum Parcel Size. No minimum parcel size shall be required for this District_ i - However, prior to approval of a Conditional Use Permit by the Planning Commission for any development, a master site plan for the entire District shall be approved by.the Planning Commission. Development'which is in conformance with the site plan may then be permitted. 4.11.03 Maximum Density/Intensity. The maximum intensity of development shall be calculated by floor area ratio (FAR) for this District. The floor area ratio shall apply to the entire project area. Floor area ratios shall be calculated on net acreage. (a) The maximum floor area for developments in this District shall be calculated with a multiple of 3.0. 4.11.04 Maximum Building Height. No maximum building height shall be required. i G:DWNTWNSP 60 Downtown Specific Plan De.,:..,.A n/n/- a 4.11.05 Maximum Site Coverage. The maximum site coverage shall be thirty-five(35) percent of the net site area. Note: A maximum of twenty-five (25) percent of the net site area can be used for parking and vehicular accessways. 4.11.06 Setback(Front Yard). The minimum front yard setback for all structures exceeding forty-two (42) inches in height shall be fifty(50) feet, from PCH and Beach Boulevard. 4.11.07 Setback(Side Yard). The minimum exterior side yard requirement shall be twenty(20) feet. Exception: The minimum exterior yard requirement from Beach Boulevard shall be fifty(50) feet. 4.11.08 Setback(Rear Yard). The minimum rear yard setback shall be twenty(20) feet. Note: An additional ROW dedication will be required to provide for the Walnut Avenue extension. 4.11.09 Setback(Upper Story). No upper story setback shall be required. 4.11.10 Open Space. Development projects within this District shall provide public open space. A minimum of thirty(30) percent of the net site area must be provided for such a purpose. This area shall be available for public or semi-public uses for recreational purposes. Open space must have' minimum dimensions of twenty-five (25) feet.in each direction . Paved areas devoted to streets,driveways and parkingareas may not be _ counted toward this requirement. A maximum of fifteen (15) percent of the required thirty(30)percent may be enclosed recreation space such as gyms, handball courts, health clubs, interpretive centers or similar facilities. A fee may be imposed for the use of such facilities. 4.11.11 Pedestrian Overpass. A pedestrian overpass may be required to connect the development in this District to the City Beach, as a condition of approval for any new development on, or further subdivision of, parcels within the District. The City may waive this requirement if the City determines that overpasses are unnecessary or impractical considering the type and design of new developments. 4.11.12 Mobile home District. A portion of District#9 is zoned for mobile home use. Within _ this mobile home area,the provisions,of the Mobile home District of the Huntington Beach'Zoning and Subdivision.Ordinance ode shall apply(see Section 4.16)'.' 1 �9 G:DWNTWNSP 61 Downtown Specific Plan Revised 2/06/02 O 00000� o0 00 0 `�h 0o m Q.y PLANNINGo�..mu,.,,CALIFORNIA DOWNTOWN SPECIFIC PLAN 4.12 DISTRICT#10: PIER-RELATED COMMERCIAL Purpose. This District is intended to provide for commercial uses on and alongside the pier which will enhance and expand the public's use and enjoyment of this area. Uses are encouraged which capitalize on the views available from the pier and the unique recreational or educational opportunities it affords..'`At the same time, care.must be exercised to insure that the major portion of the pier will remain accessible to the public at no charge, for strolling, fishing or observation. Boundaries. Shall be consistent with the Coastal Element of the General Plan. 4.12.01 Permitted Uses. (a) The following list of pier related commercial uses in District No. 10 may be allowed. Other pier related uses as described in the Land Use Plan, and which have the same parking demand as the existing use not specified herein may be allowed subject to the approval of the Director. A change of use shall be subject to the approval of the Director. For example: Bait and tackle shops Beach rentals Carts and Kiosks ursuant to Section 230.94 of the Huntington Beach �,�,•aieipa �'^a' Zoning and Subdivision Ordinance Retail sales (beach-related) Outdoor dining pursuant to S.4.2.33 _ (b) The following list of uses , or change of such use in _ District No. 10 may be allowed subject to approval of a Conditional Use Permit from the Zoning Administrator For- ecamle: Commercial uses or public recreation facilities (beach-related) Museums Restaurants (including fast food with take out windows) (c) The following list of uses and any new construction, or change of such use in District No. 10 may be allowed subject to approval of a Conditional Use Permit from the Planning Commission Far-e* le: Aquariums ! Parking lots that will not result in the loss of recreational sand area. Tiered parking is permitted within the Downtown Specific Plan area on existing lots seaward of Pacific Coast Highway provided the parking is designed so that the top of the structures including walls, etc., are located a minimum of one foot below the maximum height of the adjacent bluff. Note: Only parking uses are permitted in this District northwest of Sixth Street. 4.12.02 Minimum Parcel Size. No minimum parcel size shall be required in this District. 4.12.03 Maximum Density/Intensity. No maximum density or intensity requirement shall be applied in this District. 4.12.04 Maximum Height. The maximum building heights shall be twenty-five (25) feet and no more than two (2) stories above the pier level. — q9Y G:DWNTWNSP 63 Downtown Specific Plan Revised 2/06/02 Exception: The maximum building height on the pier(excluding the end of the pier cafe) and northwest of the pier shall be one (1) story. No maximum building height shall be required for lifeguard towers or other facilities necessary for public safety. No parking surface or structure shall exceed the minimum of one foot below the maximum height of the adjacent bluff. 4.12.05 Maximum Site Coverne. No maximum site coverage shall be required. Exception: No more than twenty-five (25)percent of the pier shall be covered by any building or roofed structure. In addition, buildings or other roofed structures shall not be constructed along more than twenty-five (25) percent of the perimeter of the pier. 4.12.06 Setback (Front Yard). No minimum front yard setback shall be required. 4.12.07 Setback(Side Yard). No minimum side yard setback shall be required. 4.12.08 Setback (Rear Yard). No minimum rear yard setback shall be required. 4.12.09 Setback Upper Story). No minimum upper story setback shall be required. 4.12.10 Open Space. Public open space and pedestrian access shall be major considerations of development in this District. All new development shall provide sufficient clear width along the length of the pier for public access, emergency and service vehicles. In addition, public walkways along the pier edge or around the perimeter of new development_must be provided. t G:DWNTWNSP 64 Downtown Specific Plan �4 Q HLJLJULj�Moo ��� mmmmmmmmmmmmmmoo� o IE���m m m M m m m�m m � 11 j- u uu M M M t; LL11 DISTRICT #11 HUNTINGTONrwzr.m�.a. DOWNTOWN SPECIFIC PLAN � 4.13 DISTRICT#11: BEACH OPEN SPACE Purpose. This District is intended to preserve and protect the sandy beach area within the Downtown Specific Plan boundaries while allowing parking and auxiliary beach- related commercial and convenience uses. Approximately half of the beach frontage in the District is City beach; the remainder is owned by the State of California. Boundaries. District#11 is bounded by PCH on one side and the Pacific Ocean on the other. The District extends from Goldenwest Street to Beach Boulevard, except for the area which is part of District#10. 4.13.01 Permitted Uses. (a) The following list of Beach Open Space uses and public facilities in District No. 11 may be allowed subject to approval of the Design Review Board. Other related uses or public facilities not specified herein may be allowed subject to the approval of the Design Review Board. Any change of such use or public facilities shall be subject to the approval of the Director- For example: Access facilities Basketball Courts Beach concession stands* Bicycle trails and support facilities Fire rings Paddle board.courts Parking lots thatmill not.result in the loss of recreational sand area. Tiered parking is permitted within the Downtown Specific.Plan area on existing lots seaward of Pacific Coast Highway provided the parking is designed so = - that the top of the structures including walls, etc., are located a minimum of one foot below the maximum height of the adjacent bluff. Park offices +playground equipment Public Restrooms Public transit facilities and associated structures, dressing rooms or showers** Shoreline construction that may alter natural shoreline process, such as groins, cliff retaining walls,pipelines, outfalls that are designed to eliminate adverse impacts on local shoreline sand supply Trails (bicycle or jogging) and support facilities Volleyball net supports *Note: Beach concession stands shall be limited to twenty-five hundred (2500) square feet and spaced at intervals no closer than one thousand (1,000) feet. Beach concession structures shall be located within or immediately adjacent to paved parking or access areas. **Note: Public transit facilities may only be constructed within the existing paved parking areas or in areas which are not part of the beach. 4.13.02 Minimum Parcel Size. No minimum parcel size shall be required. 4.13.03 Maximum Density/Intensity. No maximum density or intensity requirement shall be applied in this District. l `7 9 G:DWNTWNSP 66 Downtown Specific Plan Revised 2/06/02 a 4.13.04 Maximum Building Height. The maximum building heights shall be limited to twenty (20) feet. Exceptions: No maximum building height shall be required for lifeguard towers or other facilities necessary for public safety. No parking surface or structure shall exceed- the adjacent elevation of PCH. 4.13.05 Maximum Site Coverage. No maximum site coverage shall be required. 4.13.06 Setback(Front Yard). No minimum front yard setback shall be required. 4.13.07, Setback(Side Yard). No minimum side yard setback shall be required. 4.13.08 Setback(Rear Yard),. No minimum rear yard setback shall be required. 4.13.09 Setback Upper Story). No minimum upper story setback shall be required. 4.13.10 Open Space. Public open space and pedestrian access shall be major considerations of development in this District. 4.13.11 Parking. No additional parking shall be required for new development in this District. Construction which proposes the removal of existing parking, shall provide for the replacement of that parking on a one-for-one basis within the District. 4.13.12 Resource Production Overlay. A portion of District#11 is designated with an Oil Suffix (O;OI). Within thisarea, all the requirements of the Resource Production Overlay shall apply(see Section 4.14). G:DWNTWNSP 67 Downtown Specific Plan Revised 2/06/02 1 0 00, _0 MUNOZu"HuouMOUIE 'mmuummo I py ------------------ PACIFIC OCEAN S ------- - NGTON BEACH CALIFORNIA flCf1RE 9.19 °""nxoo.wrc.enr OIL DISTRICT OVERLAY e 4.14 RESOURCE PRODUCTION OVERLAY Purpose. The Downtown Specific Plan area overlies long-productive oil pools. Many facilities are still operating because of the extent of the remaining reserves, therefore oil production will continue to be permitted in parts of this area. The City provides for oil facilities by designating oil "suffix" zoning Districts in connection with an underlying base zone such as a commercial or residential District. Both oil facilities allowed by suffix and the other uses allowed by the base zone are permitted. Currently, the City has two oil suffixes the "0" which allows existing oil wells and attendant facilities but no new wells, and the "01" which allows the drilling of . new wells in addition to all uses in the "0" District. These suffixes,with certain modifications, are also employed in this Specific Plan. In addition to the oil suffixes three Resource Production Overlays have been identified. Existing and/or expanded oil production may continue in these areas provided that the additional conditions outlined in this subsection are met. 4.14.01 Oil Overlay "A" The regulations in this overlay District facilitate continued oil recovery, but require all new facilities to be concentrated into a screened, soundproofed and landscaped expansion of the existing oil site and encourage the expeditious removal of existing wells from oil overlay "B", Boundaries. Oil overlay "A" includes an existing oil island located in District#2, between 19th and 18th streets from m Pacific Coast Highway to the area is Walnut Avenue. Rep,ulations. New wells and related facilities shall be permitted in accordance with the- 01 suffix and related provisions in the Huntington Beach Zoning and Subdivision Ordinance Eede provided, however, that the following additional conditions are met: (a) Any new well must be part of a secondary or other enhanced oil recovery project of used as a replacement of an existing well. (b) A schedule for abandonment of all wells operated by the project proponent which are located within Bolsa Chica State Beach shall be submitted to and approved by the Director of Development Services prior to the drilling of any new well. This schedule may be amended at the discretion of the Director of Development Services. (c) The project proponent shall agree to a memorandum.of understanding with the City as a condition for approval, stating that no new wells shall be drilled by that company on Bolsa Chica State Beach (oil overlay "B") nor shall the existing wells be redrilled except, in such cases where: 1) the redrilled well will be produced by a "subsurface" or "down-hole" pump, only, or 2) the redrilled well will be produced by other new technology with fewer visual and environmental impacts than a conventional ball and plunger, pump, or 3) an intensified screening plan is approved the Director of Development Services which substantially improves the appearance of the area. (d) The operation site hall be screened by a wall, fence, or structure in keeping with the character of the area. The site shall also be landscaped so as to ensure visual compatibility with the surrounding area. A screening and landscaping plan must &DWNTWNSP 69 b #5_Mowntown Specific Plan Revised 2/06/02 be submitted to and approved by the Director. All structures shall generally conform to the height limits and setback requirements of the base District. The Director may waive these restrictions if it would result in better overall soundproofing, odor reduction and/or visual compatibility. 4.14.2 Oil Overlay"B" The regulations in this overlay facilitate continued oil recovery, wells maybe redrilled if surface pumping units are replaced with a subsurface ones. Drilling of new wells may be permitted but only if the result is a significant reduction in the amount of space used for oil operations on the beach. Boundaries. Oil overlay "B" comprises a section of Bolsa Chica State Beach currently in oil production in District#11 between Goldenwest and I Ith streets. Regttlations. Wells may be redrilled in accordance with the -0 suffix in the Huntington Beach Zoning and Subdivision Ordinance Gede-pro«ded, however, that the following additional conditions are met: (a) The operator submits a report to the Department of Development Services explaining why there is no other feasible, environmentally less damaging inland site (such a report must be approved by the Director); or agrees to a memorandum of understanding with the City stating that the redrilled well will be produced by a subsurface or down-hole pump or other new technology with fewer visual and environmental impacts than a conventional.ball and plunger pump. (b) A schedule for abandonment of all wells operated by the project proponent which are located within Bolsa Chica State Beach shall be submitted to and approved by the Director of Development Services prior to the drilling of any new well. This schedule may be amended at the discretion of the Director of Development Services. (c) All redrilling operations shall be limited to a period from October 1 to May 31, except for emergencies for which the Fire Chief may waive these seasonal restrictions, but shall require soundproofing in accordance with Title 15 of the Huntington Beach Municipal Code. New wells may be permitted if they are part of an overall consolidation plan which significantly reduces the area used for oil facilities or expedites the removal of existing " oil facilities within the overlay area. A consolidation plan must be submitted to the Director of Development Services for approval before a permit for-drilling any new well will.be issued. All drilling operations must be conducted in accordance with the requirements of the 01 suffix in the Huntington Beach Zoning and Subdivision Ordinance Ge&. 4.14.03 Oil Overlay "C" The regulations in the overlay facilitate continued oil recovery and provides for future oil production needs. Boundaries. Oil overlay "C" is an irregularly shaped site in District#8A between Lake Street and Huntington Avenue and Atlanta Avenue. �o G:DWNTWNSP 70 Downtown Specific Plan Revised ?/06/0? a Regulations. Well drilling and redrilling shall be permitted in accordance with Title 15 of the Huntington Beach Municipal Code and with the 0 or 01 suffix and related provisions in the Huntington Beach Zoning and Subdi-vision Ordinance Gede. A conceptual site plan for the entire overlay area must be submitted prior to permitting any project development or subdivision of land within the overlay. The plan shall include at least one (1)oil island of not less than two(2) acres in size for new oil well drilling and oil production. Such island(s) shall be incorporated into the overall . :. development plan so that noise, odor and visual impacts on the residences are minimized, and safe access to the oil site(s) is provided. Findings that at least one such island so designed is incorporated into the plan shall be made by the Planning Commission before approving any.development project. 4.15 CONSERVATION OVERLAY Purpose. The conservation overlay is intended to regulate those areas which have been preliminary identified as wetlands. Upon determination by the California Department of Fish and Game that an area is classified as a wetland the conditions of this overlay shall apply Boundary. The State Department of Fish and Game has identified an area within District 8B as containing .8 acres of existing wetland and 1.4 acres of restorable wetland. The 2.2 acre area is immediately adjacent to Beach Boulevard (see Figure 4.15). Regulations. Development shall be permitted only pursuant to an overall development plan for the entire overlay.area and.subject to the following: as a condition of any.;: development.on this.parcel,topographic,vegetation, and soils information identifying;_ _ the extent of any existing wetlands shall be submitted to the Director. The information shall be prepared by a qualified professional, and shall be subject to review by the California Department of Fish and Game. If any wetland is determined by the Department of Fish and Game to be severely degraded pursuant to Sections 30233 and 30411 of the California Coastal Act, or if it is less than one (1) acre in size, other restoration options may be undertaken,pursuant to the Coastal Commission's "Statewide Interpretive Guidelines for Wetlands and other Wet Environmentally Sensitive Habitat Areas." Conservation easements, dedications or other similar mechanisms shall be required over all wetland areas as a condition of development, to assure permanent protection. Public vehicular traffic shall be prohibited in wetland areas governed by a conservation easement. Specific drainage and erosion control requirements shall be incorporated into the project design to ensure that wetland areas are not adversely affected. No further subdivision of any parcel shall be permitted which would have the effect of dividing off environmentally sensitive habitat from other portions of such parcels for which urban uses are permitted in the City's Coastal Element until such time as the permanent protection of any wetland is assured. Within areas identified as wetlands in the coastal zone, the uses of the Coastal Conservation District shall supersede the uses of the FP1 and FP2 district. V f� G:DWNTWNSP 71 Downtown Specific Plan Revised 2/06/02 w: D D y � _ oO 0 ti 0 a o yo O e a� as z ___________________ _ _ as a 00 0 PACIFIC COAST HWY. --- a RESTORABLE WETLANDS ® DEGRADED WETLANDS Revised 4IB7 JJ HUNTINGTON BEACH CAUFORNIA FIGURE 4.15 PLANNING DEPARTMENT CONSERVATION OVERLAY IUNTINGTON!EACH 1 • � 000000 �ODo ° °h PECAN LJLdJ ���AJ �P�dJLF�S � 170 [up] -_ � :�y�L DEPARTMENT MOBILE �I FIGURE 4.16 MOBILE HOME OVERLAY 4.16 MOBILE HOME DISTRICT Purpose. The Downtown Specific Plan includes approximately 6.6 acres with a Mobile Home District(MH) designation. The purpose of the Mobile Home District is to permit present mobile home park uses to continue. The mobile home area falls within-District Nine of the Downtown Specific Plan. Boundaries. The Mobile Home District encompasses a part District 9. The following describes the real property: That portion of fractional Section 14, Township 6 South, Range 11 West, City of Huntington Beach, County of Orange, State of California, as shown on a map recorded in Book 51, page 14 of Miscellaneous Maps in the office of the County Recorder of said county, described as follows; the basis of bearing of the following description is the centerline of Lake Street north 40°38'10" east as shown on Record of Survey 87-1049 filed in Book 117, pages 21 & 22 in the office of the County Recorder of said county: Beginning at the southeast corner of the northeast quarter of said Section 14; thence south 88°42'52" west 111.91 feet; thence south 2°29'35"west 593.12 feet; thence south 24°32'06" west 386.94 feet; thence south 12°44'44"•east 117.71 feet to a point in the southerly line of future Walnut Avenue per Precise Plan of Street Alignment 88-1, Ordinance No. 2961, said point being the true point of beginning; thence south 12°44'44" east 653.77 feet; thence south 78°59'52" west 82.75 feet; thence north 53°00'08" west 835.00 feet; thence north 36959'52" east 300.00 feet; thence north 51°08'21" west 125.77 feet to a point in said southerly line of future Walnut Avenue, - said point being the beginning of a non-tangent curve concave northerly having a radius of 1245.00 feet, a radial line to said point bears south 30°31'l7" west; thence easterly along said curve and said southerly line of future Walnut Avenue 552.05 feet through a central angle of 25°24'20" to the true point of beginning. the area of the herein described land is 6.635 acres, more or less. Regulations. The regulations of the Downtown Specific Plan will serve as overlays for the portion of District 9 which retains the(MH) zone, until such time that the Mobile Home District designation is removed. All areas retaining the (MH) zone shall be subject to the provisions of the Mobile Home District of the Huntington Beach Zoning and Subdivision Ordinance Cede. In addition, these areas are subject to the provisions of the.Mobile Home Overlay Zones/Removal/Rezoning/Change of Use Article of the Huntington Beach Zoning and Subdivision Ordinance Cede. V � G:D%VNTWNSP 73 Downtown Specific Plan Re�q*sed 2/06/02 e ORDINANCE NO. AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE CHAPTER 203-DEFINITIONS AND CHAPTER 241-CONDITIONAL USE PERMITS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 203.06 of Chapter 203 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to add the following new definitions: 203.06 Definitions Infill Lot Development. A lot contiguous to one or more existing single family residential units, excluding parcels separated by streets, a vacant parcel intended for single family development, or a parcel with an existing residential structure, which will have 50 percent or more square footage of habitable area removed in order to remodel or construct a detached single family unit. Neighborhood Notification. When no entitlements are required and the use requires such notification as stated in the Zoning and Subdivision Ordinance, this procedure shall notify adjacent property owners and tenants of an applicant's proposed project. Structure, Accessory. A structure that is appropriate, subordinate and customarily.incidental to the main structure of the site and which is located on the same site as the main structure, including swimming pools, garages, gazebos and patio covers. Structure, Minor Accessory. An accessory structure that does not exceed 64 square feet of the floor area, 80 square feet of the roof area and a height of six feet, including_ storage sheds, pet shelters, playhouses, and decorative elements. SECTION 2. Section 203.06 of Chapter 203 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to modify the definition of"Structure" as follows: Structure. Anything constructed or erected that requires a location on the ground, excluding patios,walks, access drives, or similar paved areas. SECTION 3. Section 241.02 of Chapter 241 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended by adding subsection E,to read as follows: 241.02 Procedures Established E. Neighborhood Notification is a procedure that shall notify adjacent property owners and tenants when no entitlement is required. 04ord/04zoninalchaps 203 and 24 V4/5/04 1 a SECTION 4. Section 241.04 of Chapter 241 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 241.04 Authority of Planning Commission and Zoning Administrator The Planning Commission or the Zoning Administrator,as the case may be, shall approve or conditionally approve applications for conditional use permits or variances upon finding that the proposed conditional use permit or variance is consistent with the General Plan, and all applicable requirements of the Municipal Code, consistent with the requirements of Section 241.10. The Planning Commission shall act on all variances except the Zoning Administrator may act on variances not exceeding twenty percent deviation from site coverage, separation between buildings, height, setback,parking, and landscape requirements. SECTION 5. Section 241.20 of Chapter 241 of the Huntington Beach Zoning and Subdivision Ordinance, Subpart B, is hereby amended to read as follows: B. Director. The Director shall act on temporary uses held for three or fewer consecutive days that do not include live entertainment. The Director shall approve, approve with conditions, or deny a complete application within a reasonable time. No notice or public hearing shall be required for uses which are held for 4 or fewer consecutive days. Such uses shall be approved with a temporary activity permit. SECTION 6. Section 241.24 is hereby added to Chapter 241 of the Huntington Beach Zoning and Subdivision Ordinance,said section to read as follows: 241.24 Neighborhood Notification When no entitlement is required and the use requires such notification as stated in the Zoning and Subdivision Ordinance, this procedure shall notify adjacent property owners and tenants of an applicant's proposed project. Notification requirements when no entitlement required. A. Notification. Ten(10) working days prior to submittal for a building permit or certificate of occupancy, applicant shall notice adjacent property owners and tenants by first class _ mail. B. Notice of Application. 1. Name of applicant. 2. Location of planned development or use, including address. 3. Complete description of the proposed development or use such that there is full disclosure in the notice. 4. Planning Department phone number and address of City Hall where plans may be reviewed. TO 04ord/04zoning/chaps 203 and 241/4/5/04 2 e 5. The date by which any comments must be received in writing by the Planning Department and City appeal procedures. 6. Planning Department shall receive entire list including name and address of those receiving the mailing. C. Appeals. The Director's decision may be appealed in accord with Chapter 248. SECTION 7. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2004. Mayor ATTEST: APPROVED AS TO FORM: City Clerk 46 &Ay Attorney L q !5 M REVIEWED AND APPROVED: INITIATED AND APPROVED: - City A ministrator Director of Planning 04ord/04zoning/chaps 203 and 241/4/5/04 3 ORDINANCE NO. (P AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE CHAPTER 203-DEFINITIONS AND CHAPTER 241-CONDITIONAL USE PERMITS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 203.06 of Chapter 203 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to add the following new definitions: 203.06 Definitions Infill Lot Development. A lot contiguous to one or more existing single family residential units, excluding parcels separated by streets, a vacant parcel intended for single family development, or a parcel with an existing residential structure, which will have 50 percent or more square footage of habitable area removed in order to remodel or construct a detached single family unit. Neighborhood Notification. When no entitlements are required and the use requires such notification as stated in the Zoning and Subdivision Ordinance, this procedure shall notify property owners and tenants within a 150 foot radius of an applicant's proposed project. Structure.Accessory: A structure that is appropriate; sub ordinate:and customarily uicidental to the main structure of the site and which is located on the same site as the main structure, including swimming pools, garages, gazebos and patio covers. Structure, Minor Accessory. An accessory structure that does not exceed 64 square feet of the floor area, 80 square feet of the roof area and a height of six feet, including storage sheds,pet shelters,playhouses, and decorative elements. SECTION 2. Section 203.06 of Chapter 203 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to modify the definition of"Structure" as follows: Structure. Anything constructed or erected that requires a location on the ground, excluding patios;walks, access drives, or similar paved areas. SECTION 3. Section 241.02 of Chapter 241 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended by adding subsection E, to read as follows: 241.02 Procedures Established E. Neighborhood Notification is a procedure that shall notify property owners and tenants within a 150 foot radius when no entitlement is required. ord/04zoning/chaps 203-241 commission/4004 1 / SECTION 4. Section 241.04 of Chapter 241 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 241.04 Authority of Planning Commission and Zoning Administrator The Planning Commission or the Zoning Administrator, as the case may be, shall approve or conditionally approve applications for conditional use permits or variances upon finding that the proposed conditional use permit or variance is consistent with the General Plan, and all applicable requirements of the Municipal Code, consistent with the requirements of Section 241.10. The Planning Commission shall act on all variances except the Zoning Administrator may act on variances not exceeding twenty percent deviation from site coverage, separation between buildings,height, setback,parking, and landscape requirements. SECTION 5. Section 241.20 of Chapter 241 of the Huntington Beach Zoning and Subdivision Ordinance, Subpart B, entitled "Director" is hereby amended to read as follows: B. Director. The Director shall act on temporary uses held for three or fewer consecutive days that do not include live entertainment. The Director shall approve, approve with conditions, or deny a complete application within a reasonable time. No notice or public hearing shall be required for uses which are held for 4 or fewer consecutive days. Such uses shall be approved with a temporary activity permit. SECTION 6. Section 241.24 is hereby added to Chapter 241 of the Huntington Beach_ Zoning and Subdivision Ordinance,said section to read as follows: _ 241.24 Neighborhood Notification When no entitlement is required and the use requires such notification as stated in the Zoning and Subdivision Ordinance,this procedure shall notify property owners and tenants within a 150 foot radius of an applicant's proposed project. Notification requirements when no entitlement required. A. Notification. Ten(10)working days prior to submittal for a building permit or certificate of occupancy,applicant shall notice adjacent property owners and tenants by first class mail. B. Notice of Application. 1. Name of applicant. 2. Location of planned development or use, including address. 3. Complete description of the proposed development or use such that there is full disclosure in the notice. 4. Planning Department phone number and address of City Hall where plans may be reviewed. 6 ord/04zoninJchaps 203-241 commission/45/04 2 5. The date by which any comments must be received in writing by the Planning Department and City appeal procedures. 6. Planning Department shall receive entire list including name and address of those receiving the mailing. C. ` At peals. .The Director's decision may be appealed in accord with Chapter 248. SECTION 7. This ordinance shall become effective immediately upon certification by the California Coastal Commission. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2004. Mayor ATTEST: APPROVED AS TO FORM: City Clerk �l City Att rney. REVIEWED AND APPROVED:' I ED IN AND APPROVED City Aaministrator Director of Planning ord/04zoning/chaps 203-241 commission/4/5/04 3 e March 16, 2004 LEGISLATIVE DRAFT ()-r'c9 —2S U ... • — �1�4 '` k� �Sr� f. ti may, ,u cy� _��� ♦y` � �'' .. Chapter 203 De rifiions � (3248-6/95,3334-6/97,3482-12/00,3520-2/02,356&9/02) Sections: 203.02 Applicability 203.04 Rules for Construction of Language 203.06 Definitions 203.02 Applicability The meaning and construction of words and phrases defined in this chapter shall apply throughout the zoning and subdivision ordinance, except where the context clearly indicates a different meaning or construction. 203.04 Rules for Construction of Language In addition to the General Provisions. Chapter 1.04 of the Municipal_Code, the following rules of construction shall,apply: A. The particular shall control the general. B. Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows: 1. "And" indicates that all connected words or provisions shall apply. 2. "Or" indicates that the connected words or provisions apply singly. 3. "Either . . . or" indicates that the connected words or provisions shall apply singly but not in combination. 4. !'And/or" indicates that the connected words or provisions may apply singly or in any combination- C. In case of conflict between the text and a diagram, the text shall control. D. All references to departments,commissions, boards, or other public agencies are to those of the City of Huntington Beach, unless otherwise indicated. E. All references to public officials are to those of the City of Huntington Beach, and include designated deputies of such officials,unless otherwise indicated. F. All references to days are to calendar days unless otherwise indicated. If a deadline falls on a weekend or City holiday, it shall be extended to the next working day. D I I Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-1 9/02 a G. Chapter and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of any section hereof. H. The words "activities" and :'facilities" include any part thereof. 203.06 Definitions Abutting. Having district boundaries or lot lines or combinations thereof in common. Access, Lateral. Public access along the coast. Access,Vertical. Public access from the nearest public roadway to the shoreline. Alley. A public or private way having an ultimate width of not less than 20 feet permanently reserved primarily for vehicular service access to the rear or side of properties otherwise abutting on a street. Alter. To make a change in the exterior appearance or the supporting members of a structure, such as bearing walls, columns,beams, or girders, that will prolong the life of the structure. Amendment. A change in the wording, context or substance of this ordinance, or a change in the district boundaries on the zoning map. Animal, Exotic. Any wild animal not customarily confined or cultivated by man for domestic or commercial purposes but kept as a pet or for display. Animal, Large. An animal larger than the largest breed of dogs. This term includes horses, cows, and other mammals customarily kept in corrals or stables. Animal, Small. An animal no larger than the largest breed of dogs. This term includes fish, birds, and mammals customarily kept in kennels. Antenna. Any structure, including but not limited to a monopole, tower, parabolic and/or disk shaped device in single or multiple combinations of either solid or mesh construction, intended for the purposes of receiving or transmitting communications to or from another antenna, device or orbiting satellite, as well as all supporting equipment necessary to install or mount the antenna. Antenna, Amateur Radio. An antenna array and its associated support structure, such as a mast or tower, that is used for the purpose of transmitting and receiving radio signals in conjunction with an amateur station licensed by the Federal Communications Commission. Antenna, Communication. All types of receiving and transmitting antenna, except satellite dish antenna, including but not limited to cable television antenna, wireless communication antenna, FM digital communication antenna, microwave telephone communication antenna, amateur radio antenna, and short-wave communication antenna and other similar antenna. (3568-9/02) Antenna Height. The distance from the property's grade to the highest point of the antenna and its associated support structure when fully extended. Huntington Beach Zoning and Subdivision Ordinance a Antenna, Satellite Dish. An antenna for the purpose of receiving or transmitting communications to or from an orbiting satellite. Antenna Whip. An antenna and its support structure consisting of a single, slender, rod-like .element which is supported only at or near its base. Approach-Departure Path. The flight track of the helicopter as itapproaches or departs from a designated takeoff and landing area, including a heliport, helipad, or hehstop. Architectural Projections or Appurtenances. Features on a building which provide visual variation and/or relief but do not serve as interior or exterior living or working space. Area, Net Lot. The total horizontal area within the property lines of a parcel of land exclusive of all rights-of-way or easements which physically prohibit the surface use of that portion of the property for other than vehicular ingress and egress. Street Area to be dedicated 250' .57 53 Bros"s acre. net acre 230' II 100' _I�09 203-area.BMP i LOT AREA Arterial. Any street, highway or road designated as an arterial street in the General Plan. Attached Structures. Two or more structures sharing a common wall or roof Balcony. A platform that projects from.the wallof a building,typically above the first level, and is surrounded by a rail balustrade or parapet. Basement. A story partly underground and having at least one-half of its height above the average adjoining grade. A basement shall be considered as a story if the vertical distance from the average adjoining grade to the ceiling is over four feet. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-3 6/97 s —r I I Roof Second Story First Story Finished • If this basement ceiling is more than 4'ft. from Grade l Basement average adjoining finished grade,the basement is considered a story. 201&1SE BASEMENT Bay Window. A window that projects out from an exterior wall. Bedroom. The term bedroom includes any room used principally for sleeping purposes, an all-purpose room, a study, a den, a room having 100 square feet or more of floor area or less than 50 percent of one wall open to an adjacent room or hallway. Blockface. The properties abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, unsubdivided land, watercourse, or city boundary. NI 1 - t HI 203-BLK BLOCKFACE Boarding House. A building with not more than five guest rooms where lodging and meals are provided for not more than 10 persons,,but shall not include rest homes or.convalescent homes. Guest rooms numbering s .or over shall be considered a hotel. Building. Any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, chattels, or property of any kind. Caretaker's quarters. A dwelling unit on the site of a commercial, industrial,public, or semipublic use, occupied by a guard or caretaker. Carport. A permanent roofed accessory structure with not more than two enclosed sides intended for vehicle storage. Cart/Kiosk. Any portable, non motorized unit used by a vendor as described in Section 230.94. (3248-6/95,3334-6/97;3482-12/00) r � Hun ington Beach Zoning and Subdivision Ordinance Chapter 203 9n,A-a a City. The City of Huntington Beach. Clinic. An establishment where patients, who are not lodged overnight, are admitted for examination and treatment by one or more of a group of physicians, dentists, optometrists, psychologists, or social workers practicing together. Coastal Zone. A geographic zone adjacent to the shoreline, the boundaries of which are determined by the California Coastal Act of 1976, as amended. Collection Containers. Containers or buildings with a gross floor area of 500 square feet or less used for the deposit and storage of household articles or recyclables. Commission. The Huntington Beach Planning Commission. Community Apartment Project. A project in which an individual interest inland is coupled with the right exclusively to occupy an individual unit, as provided in Section 11004 of the California Business and Professions Code. Completely Rebuilt. Rebuilding the nonconforming structure or use as it had legally existed immediately prior to its destruction. Conditional Use. A use of land that, due to the specific nature and unique characteristics of the use, requires special standards and discretionary review. Condominium. An estate in real property consisting of an undivided interest in common in a portion of a parcel of real;propertytogether with-a separate interior space in`'a:residential industrial or commercial building on the real property;such as•an apartment; office or store A condominium may include, in addition;'a separate interest in other portions of the real ' property. Conforming Building. A building that fully meets the requirements of Title 17 (Building Regulations) and also conforms to all property-development regulations and requirements prescribed for the district in which it is located. Convenience Market. A retail use in conjunction with gasoline sales in which the sales room exceeds 200 square feet. Court. An outdoor, unenclosed area intended to provide light, air, and privacy for individual dwelling units in multi-family projects. Coverage, Lot or Site. The percentage of a lot or site.covered by roofs,balconies fireplaces, architectural projections, or overhangs extending more than 2.5 feet from a wall, decks more than 42 inches in height above grade, and stairs. Deck. A platform, either free-standing or attached to a building, but without a roof, that is supported by pillars, posts, or walls (see also Balcony). Demolition. The deliberate removal or destruction of the frame or foundation of any portion of a building or structure for the purpose of preparing the site for new construction or otherwise. Densi!y Bonus. An increase in the proposed number of units of twenty-five percent(25%) or greater over the number permitted pursuant to the current zoning and general plan designation on the property. f Hur.t:ngton Beach Zoning and Subdivision Ordinance C"acter 203 203-5 6iS7 a Director. The Director of Planning or his or her designee. (3520-2102) Distribution Line. An electric power line bringing power from a distribution substation to consumers. . District. A portion of the city within which the use of land and structures and the location, height, and bulk of structures are governed by this ordinance. The zoning ordinance establishes "base zoning districts" for residential, commercial, industrial, public and open space uses, and "overlay districts," which modify base district provisions and standards. Drillin . The digging or boring of a new well into the earth for the purpose of exploring for, developing or producing oil, gas or other hydrocarbons, or for the purpose of injecting water, steam or any other substance into the earth. Dwelling, Multiple Unit. A building or buildings designed with two (2) or more dwelling units. Dwelling, Single Unit. A detached building designed primarily for use as a single dwelling, no portion of which is rented as a separate unit, except as permitted by this Code. Attached single family dwellings shall be considered as multi-family. Dwelling, Accessory Unit. A fully equipped dwelling unit which is ancillary and subordinate to a principle dwelling unit located on the same lot in the RL zone. Also known as second dwelling unit or"granny unit.". Dwelling, Studio Unit. A dwelling unit consisting of l .kitchen, I bathroom and 1 combination living room and sleeping room. The gross floor area shall not exceed 500 ' square feet, or it shall be considered as a one bedroom unit. Also known as a single, a bachelor, or an efficiency unit. Dwelling Unit. One or more habitable rooms with only one kitchen, and designed for occupancy as a unit by one or more persons living as a household unit with common access to all living, kitchen, and bathroom areas. Energy Facility. Any public or private processing,producing, generating, storing, transmitting, or recovering facility for electricity, natural gas,petroleum, coal, or other sources of energy. Environmental Impact Report(EIR). A report complying with the requirements of the California Environmental Quality Act(CEQA) and its implementing guidelines: Environmentally Sensitive (habitat) Area. A wetland or any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments. Exemption, Categorical. An exception from the requirements of the California Environmental Quality Act(CEQA) for a class of projects, which have been determined to not have a significant effect on the environment. Familv. A single individual or two or more persons living together as a single housekeeping unit in a dwelling unit. e Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors. (3334-6/97) Floor Area, Gross. The total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls,and including halls, stairways, elevators,shafts at each floor level, service and mechanical equipment rooms, and habitable basement or attic areas,but excluding area for vehicle parking and loading. Floor Area Ratio (FAR). Determined by dividing the gross floor area of all buildings on a lot by the area of that lot. FLOOR AREA RATIO FAR of 0.5 FAR of 1.0 FAR of 1.5 203-F4R FAR Frontage. The linear length of a building which contains a public entrance or a lot measured along the property line adjacent to a street or easement. Functional Capacity. The ability of an environmentally sensitive area to be self-sustaining and to maintain natural species diversity. General Plan. The City of Huntington Beach General Plan. Grade, Existing. The surface of the ground or pavement at a stated location as it exists prior to disturbance in preparation for a project regulated by this ordinance. Grade, Street. The top of the curb, or the top of the edge of the pavement or traveled way where no curb exists. b � y , Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-7 6/97 Guest House. Living quarters within a main or an accessory building for the sole purpose of providing for persons employed on the premises, or for temporary use by guests of the occupants of the premises. Such quarters shall have no kitchen facilities, and shall be limited to one room, no greater than 500 square feet in size with no more than three plumbing fixtures: Height of Building. A vertical dimension measured from,the top of the highest roof to the top of the subfloor/slab directly underneath. (See Section 230.72.) Helipad or Helistop. A heliport without auxiliary facilities such as waiting room, helicopter parking, fueling and maintenance equipment_ Heliport. An area, either at ground level or elevated on a structure, that is used or intended to be used for the takeoff and landing of helicopters, and includes some or all the various facilities useful to helicopter operations, including helicopter parking, waiting room, fueling and maintenance equipment. Home Occupation. Business activity conducted in a dwelling unit in a residential district that is incidental to the principal residential use of a lot or site. Illumination, Direct. Illumination by means of light that travels directly from its source to the viewer's eye. Illumination, Indirect. Illumination by means only of light cast upon an opaque surface from a concealed source: Incentives. Policies, programs or actions taken.by'the City designed to ensure that a _ development will be produced at a lower cost. Infill Lot Develo meat. A lot contiguous to one or more existing single family residential uni s, excluding parcels separated by streets, a vacant parcel intended for single family development, or a parcel with an existing residential structure, which will have 50 percent or more square footagge of habitable area removed in order to remodel or construct a detacIted single family unit. Junk Yard. The use of a lot, or contiguous lots, or any portion thereof for the storage of junk, including scrap metal, or other scrap materials, and/or for the dismantling or wrecking of automobiles or other vehicles or machinery. Kennel. Any premises where four or more dogs or cats at least four months,of age are kept for any purpose. Kitchenette or Kitchen. Any room or part of a room which is designed, built, used, or intended to be used for food preparation and dishwashing; but not including a bar, or similar room adjacent to or connected with a kitchen. Landscaping. An area devoted to or developed and maintained with native or exotic plantings, lawn, ground cover, gardens, trees, shrubs, and other plant materials, decorative outdoor landscape elements, pools, fountains,water features,paved or decorated surfaces of rock, stone, brick, block, or similar material (excluding driveways, parking, loading, or j bto rage areas), and sculptural elements. Plants on rooftops, porches or in boxes attached to uildings are not considered landscaping. Landscaping, Interior. A landscaped area or areas within the shortest circumferential line defining the perimeter or exterior boundary of the parking or loading area, or similar paved area, excluding driveways or walkways providing access to the facility(as applied to e Landscaping, Perimeter. A landscaped area adjoining the exterior boundary of a parking or loading area, or similar paved area, excluding driveways or walkways which provide access to the facility. Huntington.Beach Zoning and subdivision Ordinance . Chapter 203` 203-8. 6/97 Perimeter Landscape Interior Landscape Interior Landscape Interior Landscape 203+.a LANDSCAPING: PERI)VIETER INTERIOR Lodger Any.person other than a member of a family renting a room far.living or sleeptng purposes: . Lot. Any numbered or lettered parcel shown on a recorded final map,record of survey pursuant to an approved division of land, or a parcel map and abuts a street, alley or recorded access easement. STREET Reversed Comer Lot Interior Interior Interior Corner Lot . Lot .. Lot_ w Lot Throuah . Lot . Un Interior Flag Interior Interior Comer Lot Lot Lot Lot Lot Reversed Corner Lot STREET LOT TYPES 203-L07 Lot, Corner. A site bounded by two or more adjacent street lines that have an angle of intersection of not more than 135 degrees. Lot Depth. The horizontal distance from the midpoint of the front-lot line to the midpoint of the rear-lot line, or to the most distant point on any other lot line where there is no rear- lot line. a e Lot Fln. A lot with developable area connected to a street by a narrow strip of land that includes a driveway. Huntington Beach Zoning and Subdivision`Ordinance Chapter 203 203-9 .6/97 Lot or Property Line, Rear. A lot line, not a front lot line, that is parallel or approximately parallel to the front lot line. Where no lot line is within 45 degrees of being parallel to the front lot line, a line 10 feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, shall be deemed the rear lot line. Lot or Property Line, Front. The street property line adjacent to the front yard. Lot or Property Line, Interior. A lot line not abutting a street. Lot or Property Line, Side. Any lot line that is not a front lot line or a rear lot line. Lot or Property Line, Street. A lot line abutting a street. Lot, Reverse Corner. A corner lot, the side line of which is substantially a continuation of the front lot line of the lot to its rear. Lot, Street-Alley. An interior lot having frontage on a street and an alley. Lot, Through. A lot having frontage on two-dedicated parallel or approximately:parallel streets. Lot Width. The mean of the horizontal distance between the side lot lines measured at right angles to the lot depth at mid-points 20 feet from the front lot line and 20 feet from the rear lot line, or from the rearmost point of the lot depth in cases where there is no rear lot line. Front Lot Line Front Lot Line X Y Q 1J O J - - y Lot Width=(X+y)/2 ��` LOT WIDTH _L.0TW Lower Income Household. A household whose annual income is at or below eighty percent (80%) of Orange County median income as defined by the State of California Department of Housing and Community Development. Manufactured Home. A structure transportable in sections which is a minimum of 8 feet in width and 40 feet in length,built on a permanent chassis, and designed to be a dwelling with or without a permanent foundation. Manufactured home includes mobilehome. e Mezzanine. An intermediate floor within a room containing not more than 33 percent of the floor area of the room. Huntington Beach Zoning and Subdivision Ordinance chapter 203 .203-10 6/97 Mezzanine:maximum 33 percent of floor area below. Floor Below �..mz MEZZANINE Moderate Income Household. A household whose annual income is at or below one hundred twenty(120%) percent of Orange County median income as defined by the State of California Department of Housing and Community Development. Municipal Code. The Municipal Code of the City of Huntington Beach. Negative Declaration. A written statement briefly describing the reasons that a proposed, project will not have a significant impact on tfie`environment which meets the requirements of the California.Environmental Quality:Act_` ts3aaj Nei hborhood Notification. When no entitlements are required and the use requires such no cation as stated in the Zoning and Subdivision Ordinance, this procedure shall notify property owners and tenants within a 150 foot radius of an applicant's proposed project. Net Site Area. See Area,Net Lot. ` New «'ell. A new well bore or well hole established at the ground surface. RedrilEmg from the well bore or well hole of an existing well greater than 150 feet from the existing well bore shall constitute a new well. Nonconforming Structure. ,A structure that was lawfully erected but.which does not conform with the current development standards NonconforminyUse. A use of a structure or land that was lawfully established and maintained, but which does not conform with the current zoning ordinance. Off-Street Loading Facilities. A site or portion of a site devoted to the loading or unloading of motor vehicles or trailers, including loading berths, aisles, access drives, and landscaped areas. Off-Street Parking Facilities. A site or portion of a site devoted to the off-street parking of motor vehicles, including parking spaces, aisles, access drives, and landscaped areas. Oil operation. The use or maintenance of any installation, facility, or structure used, either directly or indirectly, to carry out or facilitate one or more of the following functions: drilling, rework, repair, redrilling, production,processing, extraction, assisted recovery, stimulation storage or shipping of oil gas or hydrocarbons from the subsurface of the earth. a Oil operation site. The physical location where an oil operation is conducted. Open Space, Common. A usable open space within a residential development reserved for the exclusive use of residents of the development and their guests. Open Space, Private. A usable open space adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests. . Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-11 12100 Open Space, Total. The sum of private and common open space. Open Space, Usable. Outdoor or unenclosed area on the ground, or on a balcony,deck, porch or terrace designed and accessible for outdoor living, recreation,pedestrian access or landscaping. Usable open space does not include parking facilities, driveways,utility or service areas, any required front or street side yard, any space with a dimension of less than 6 feet in any direction or an area of less than 60 square feet. min min min 6ft. �j 10ft. 10ft ' IPatio Terrace _ Balcony Front Yazd Private Open Space Private Open Space Common Open Space USABLE OPEN SPACE Oversize Vehicle..Any vehicle which exceeds twenty-five (25) feet in length, seven (7) in width, seven (7) in height, or a weight of 10,000.pounds, motorized or nonmotorized.` Oversize vehicle also includes any equipment or machinery regardless of size. Parking Structure. A structure used for parking or vehicles where parking spaces,turning radius, and drive aisles are incorporated within the structure. Patio. A paved court open to the sky. Permitted Use. A use of land that does not require approval of a conditional use permit or temporary use permit. Planned Unit Development(PUD). A large scale development of a parcel or of a combination of related parcels to be developed by a single owner or group of owners acting jointly, involving a related group of uses, planned as an entity and having a predominant developmental feature which serves to unify or organize development. a Porch. An open or covered platform, usually having a separate roof, at an entrance to a dwelling, or an open or enclosed gallery or room, which is not heated or cooled, that is attached to the outside of a building. Private Property.Property owned in fee by an individual, corporation, partnership, or a group of individuals as opposed to public property: ,(3N§-6/95 3334;3482-12/00) Project. Any proposal for new or changed use, or for new construction, alteration, or enlargement of any structure, that is subject to the provisions of this ordinance. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-12 12/00 Public Property. Property dedicated through acquisition or easement for public use which includes but is not limited to streets, alleys, parks,public right-of-ways, and sidewalks. (3249-6195,3334-6/97;3482-12/00) Qualifying Senior Resident. A person who is 62 years of age or older. (Section 51.2 of the California Civil Code.) Remodel. The upgrade of the interior or exterior faces of a building or structure without altering to any degree the structural integrity. Residential In fill Lot. A�residential infill lot:is a parcel of land:;which,at the,time o. application fora building permit,-is contiguous to one (1) or more existing developed single family residential properties and is: (3301-11/95,3334-6/97) 1. A vacant parcel intended for detached single family development, or (3301-11/95, 3334-6/97) 2. A parcel with an existing residential structure which will have fifty percent(50%) or more square footage of the habitable area removed in order to construct a remodeled or new multistory detached single family dwelling unit. (3301-11/95,3334-6/97) Room, Habitable. A room meeting the requirements of the Uniform Building Code for sleeping, living, cooking, or dining purposes, excluding such enclosed places as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, attics, foyers, storage spaces, utility rooms, garages, and similar spaces. . Senior Housing. Housing for a family in which:at least one person per unit is 60.years old or older, or for a single person who is 60 years old or older. Setback Line. A line across the front, side, rear of any private or public property which delineates an area adjoining a property line in which erection of a building, fence, or other structure is prohibited except as otherwise provided in the zoning ordinance. Significant Disruption. Having a substantial adverse effect upon the functional capacity. Single Ownership. Holding record title, possession under a contract to purchase, or possession under a lease,by a person, firm, corporation, or partnership, individually, jointly, in common, or in any other manner where the property is or will be under unitary or unified control. � I Site. A lot, or group of contiguous lots not divided by an alley, street, other right-of-way, or city limit, that is proposed for development in accord with the provisions of this ordinance, and is in a single ownership or has multiple owners, all of whom join in an application for �airatnnman* - Specific Event. A short term temporary use of public property as defined in Section 5.68.010. (3249-6/95,3334-6-97;3482-12100) Specific Plan. A plan for a defined geographic area that is consistent-with the General Plan and with the provisions of the California Government Code. Section.65450 et seq. (Specific Plans). Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-13 12/00 Stock Cooperative. A corporation formed for the primary purpose of holding title to, either in fee simple or for a term of years, any real property where the shareholders of the corporation receive a right of exclusive occupancy in a portion of such real property and where the right of occupancy is only transferable by the transfer of shares of stock in the corporation. Story. That portion of a building included between the surface of any floor and the surface of the floor or finished undersurface of the roof directly above it Structure. Anything constructed or erected that requires a location on the ground, ezcludin ^p"Ispatios, walks, access-drives, or similar paved areas. Structure Accessory. A structure that is appropriate, subordinate and customarily incidental to the main structure of the site and which is located on the same site as the main structure, including swimming pools, garages, gazebos and patio covers. Structure Minor Accessory. An accessory structure that does not exceed sqquare feeto the floor area, 80 square feet of the roof area and a height of six feet, including storage sheds, pet shelters, playhouses, and decorative elements. Takeoff and Landing Area. That area of the helicopter facility where the helicopter actually lands and takes off. Transmission Linea An electric power line bringing power to a receiving or distribution substation. Usable Satellite Signals. Satellite signals from all major communication satellites that, when viewed on a conventional television set, are at least equal in picture quality to those received from local commercial television stations or by way of cable televisions. Use, Accessory. A use that is appropriate, subordinate, and customarily incidental to the main use of the site and which is located on the same site as the main use. Value. The monetary worth of a structure determined by the valuation figures used by the Director for the purpose of calculating building permit fees. • Very Low Income Household. A household whose annual income is at or below fifty (50%) percent of Orange County median income as defined by the State of California Department of Housing and Community Development. a wetbar area shall not include a stove, range, or similar appliance usually found in a kitchen, and if such wetbar is located in a room or a portion of a room with a stove, hot plate, range, oven or other type of kitchen facility, it shall be deemed a separate kitchen. Wetland. Lands within the coastal zone which maybe covered periodically or permanently With shallow water.and include salt water marshes, fresh water marshes;open.or closed brackish water marshes, swamps„mudflats,and fens. Window, Required. An exterior opening in a habitable room meeting the area requirements of the Uniform Building Code. Yard. An open space on the same site as a structure,unoccupied and unobstructed by structures from the ground upward except as otherwise provided in this ordinance, including a front yard, side yard, or rear yard. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-14 12/00 Yard, Front. An area between the front lot line and the front setback line extending across the full width of a site. The front yard of a comer lot shall adjoin the shortest street property line along its entire length. Where one street property line is at least 75 percent of the length of the other street property line, the Director shall determine the location of the front yard. Yard, Rear. An area between the rear lot line and the rear setback line extending across the full width of a site :On a'corner lot the rear yard shall extend only to the side yard abutting the.street. Yard, Side. An area between the rear setback line and the front setback line and between the side property line and side setback line. The side yard on the street side of a comer.lot shall extend to the rear lot line. Zonint? Ordinance. The Zoning Ordinance of the City of Huntington Beach. (Rest of Page Not Used) Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-15 6/97 V 1 REAR YARD STREET r FRONT YARD LOT LINE ,,, LOT LINES W Q d _ H W Q W W y o w � W W I S N intic h 1 -/OF�P _} O Lu I h ~ I w _ WLu W W uj N _ _ __ _ - STREET FRONT YARD STREET FROM YARD STREET FROM YARD I CORNER LOT EXAMPLES �--REAR YARD- _ f.REAR YARD REAR YARD 1 77 I SIDE I > YAR QI I p I N N I i I . . _ I SIDEYARDS 1 STREET LFRONTYARD STREET LiRONT YARD STREET FRONTL YARD. INTERIOR LOT EXAMPLES J REAR YARD REAR YARD �-LOT LINES SIDE YAR _ LEGEND f� DDS''► ` - - -- I _ _ - BUILDING(ZONING)ENVELOPE STREET = L - - - (TWO DIMENSIONAL) LOT LINES FRONT YARD STREET FRONT YARD SIDE YARD ODD -SHAPED LOT EXAMPLES REQUIRED YARDS All Huntington Beach Zonino and Suhrliviginn Clrriinnnr•o March 16, 2004 LEGISLATIVE DRAFT Chapter 241 Conditional Use Permits'and Variances-; " . ' K Temporary_Use Permits; Waiver:of Development.Stanc ads (3334-6197,3410-3/99,3528E-2/02) Sections: 241.02 Procedures Established 241.04 Authority of Planning Commission and Zoning Administrator 241.06 Initiation 241.08 Notice and Public Hearing 241.10 Required Findings 241.12 Conditions of Approval 241.14 Effective Date;Appeals 241.16 Time Limit; Transferability; Discontinuance; Revocation 241.18 Changed Plans;New Application 241.20 Temporary Use Permits 241.22 Waiver of Development Standards 241.02 Procedures Established This chapter establishes procedures for approval, conditional approval, or disapproval of applications for conditional use permits, and variances, temporary use permits, and waivers = of development standards. A. Conditional use permits are required for use classifications typically having unusual site development features or operating characteristics requiring special consideration so that they may be designed, located, and operated compatibly with uses on adjoining properties and in the surrounding area. ZD B. Variances may be granted to resolve practical difficulties or unnecessary physical hardships that may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from geographic, topographic, or other physical conditions on the site or in the immediate vicinity; or from street locations or traffic conditions in the immediate vicinity of the site. Variances may be granted with respect to fences; walls, landscaping, screening, site area, site dimensions, yards, height of structures, distances between structures, open space, off-street parking and off-street loading, and performance standards. C. Temporary use permits may be granted for temporary use classifications and for other uses of a temporary nature. D. Waivers of certain development standards may be granted to improve project design, subject to limitations. E. Neighborhood Notification is a procedure that shall notify pro.perty owners and tenants within a 150 foot radius when no entitlement is required. (` - Huntington Beach Zoning and Subdivision Ordinance 7 Chapter 241 241-1 i 2/02 e 241.04 Authority of Planning Commission and Zoning Administrator The Planning Commission or the Zoning Administrator, as the case may be, shall approve or conditionally approve applications for conditional use permits or variances upon finding that the proposed conditional use permit or variance is consistent with the General Plan, and all applicable requirements of the Municipal Code, consistent with the requirements of Section. 241.10. The Planning Commission shall act on all variances except the Zoning Administrator may act on variances not exceeding�twenty percent deviation from site coverage, separation between buildings, height, setback, parking, and landscape requirements. (3334-6/97, 3410-3/99) 241.06 Initiation Applications for conditional use permits and variances shall be initiated by submitting an application and necessary accompanying data as prescribed by the Director and the required fee. 241.08 Notice and Public Hearing A. Public Hearing and Notice Required. The Planning Commission or Zoning Administrator shall hold a duly-noticed public hearing on an application for a conditional use permit or variance consistent with the requirements of Chapter 248. B. Multiple Applications. When applications for multiple conditional use permits or variances on a single site are filed at the same time, the Director may - - schedule a combined public hearing. 241.10 Required Findings An application for a conditional use permit or variance may be approved or conditionally approved if, on the basis of the application, plans, materials, and testimony submitted, the Planning Commission or Zoning Administrator finds that: A. For All Conditional Use Permits. 1. The establishment, maintenance and operation of the use will not be . detrimental to the general welfare of persons working or residing in the ., vicinity nor detrimental to the value of the property and improvements_ in the neighborhood; 2. The granting of the conditional use permit will not adversely affect the General Plan; 3. The proposed use will comply with the provisions of the base district and other applicable provisions in Titles 20-25 and any specific condition required for the proposed use in the district in which it would 3 S— be located. • Huntington Beach Zoning and Subdivision Ordinance Chapter241 241-2 3/99 a B. For Variances. l. The granting of a variance will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. 2. Because of special circumstances applicable.to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification and is consistent with the General Plan. C. Mandatory Denial. Failure to make all the required findings under(A)or(B) shall require denial of the application. 241.12 Conditions of Approval In.approving a conditional use permit or variance, conditions may be imposed as.necessary:. to: A. To make it consistent with the General Plan; B. Protect the public health, safety, and general welfare; or C. Ensure operation and maintenance of the use in a manner compatible,%ith existing and potential uses on adjoining properties or in the surrounding area. 241.14 Effective Date; Appeals A conditional use permit or variance shall become effective ten days after action by the Planning Commission or Zoning Administrator, unless appealed in accord with Chapter 248. 241.16 Time Limit; Transferability, Discontinuance; Revocation A. Time Limit. A conditional use permit or variance shall become null and void one year after its date of approval or at an alternative time specified as a condition of approval after its date of approval unless: 1. Construction has commenced or a Certificate of Occupancy has been issued, whichever comes first; or 2. The use is established; or 3. The conditional use permit or variance is extended. ?6 • Huntington Beach Zoning and Subdivision Ordinance Chapter 241 241-3 5/97 e B. Transferability. The validity of a conditional use permit shall not be affected by changes in ownership or proprietorship provided that the new owner or proprietor applies to the Director for a transfer. No notice or public hearing on a transfer shall be required. C. Discontinuance. A conditional use permit shall lapse if the exercise of rights granted by it is discontinued for_12 consecutive months. D. Revocation. A conditional use permit that is exercised in violation of a condition of approval or a provision of this ordinance may be revoked, as provided in Section 249.06. E. Extension of Time. A conditional use permit or variance may be extended by the Director for a one year period without notice or public hearing, if the findings required by Section 241.10 remain valid. 241.18 Changed Plans; Ne-tv Application A. Chant ed Plans. A request for changes in conditions of approval of a conditional use permit or variance, or a change to development plans that would affect a condition of approval shall be treated as a new application. A request for changes to plans which will not affect a condition of approval may be approved by the Director if the change is not substantial, use of property remains the.same, the revision results in an improved development, and the . density remains the same. Notice of the_Director's approval shall be posted and distributed to the Planning Commission and the City Council within 48 hours of such decision. B. New Application. If an application for a conditional use permit or variance is disapproved, no new application for the same, or substantially the same, conditional use permit or variance shall be filed within one year of the date of denial of the initial application, unless the denial is made without prejudice. 241.20 Temporary Use Permits A temporary use permit authorizing certain temporary use classifications, as defined in Chapter 204 and as listed in the land-use controls for the base districts in which the use will be located, and use of manufactured homes for temporary construction offices, shall be . subject to the following provisions: A. Application and Fee. A completed application form and the required fee shall be submitted to the Director. The Director may request any other plans and materials necessary to assess the potential impacts of the proposed temporary use. B. Director. The Director shall act on temporary uses held for three or fewer consecutive days that do not include live entertainment. The Director shall approve, approve with conditions, or deny a complete application within a reasonable time. No notice or public hearing shall be required for uses which are held for-3 4 or fewer consecutive days. Such uses shall be approved with a temporary activity permit. (3528B-2ro2) Huntington Beach Zoning and Subdivision Ordinance Chapter 241 241-4 2/02 s C. Duties of the Zoning Administrator. The Zoning Administrator shall act on temporary uses held for more than three days or that include live entertainment. The Zoning Administrator shall approve, approve with conditions, or deny a complete application within a reasonable time. (3528B- 2/02) D. Required Findings. The application shall be approved as submitted, or in modified form, if the Director or Zoning Administrator finds: (3528B-2/02) 1. That the proposed temporary use will be located, operated and maintained in a manner consistent with the policies of the General Plan, and if located within the coastal zone, consistent with the policies of the Local Coastal Program, and the provisions of this chapter; and (3334-6/97) 2. That approval of the application will not be detrimental to property or improvements in the surrounding area or to the public health, safety or general welfare. E. Conditions of Approval. In approving a temporary use permit, the Director or the Zoning Administrator may impose•reasonable conditions necessary to: (3528B-2/02) , 1. To be consistent with the General Plan and in the coastal zone to be consistent with the Local Coastal Program (3334-6/97) 2. Protect the public health, safety, and general welfare;or ' 3. Ensure operation and maintenance of the temporary use in a manner compatible with existing uses on adjoining properties and in the surrounding area. F. Bond for Temporary Uses. A $500 cash bond shall be required to guarantee removal of any structure, clean up of site upon termination of the temporary use, and to guarantee maintenance of the property. A $1,000 cash bond shall be required for a subdivision sales office and each model home to guarantee compliance with all provisions of Titles 17 and 20 through 25. (3528B-2/02) G. Effective Date; Duration; Appeals. An approved temporary(conditional) use permit shall be effective.10 days after the date of its approval, unless appealed in accord with Chapter 248. The permit shall be valid for a specified time period not to exceed 30 days unless a longer period is granted by the Zoning Administrator. A temporary use permit shall lapse if not used within the dates approved and may be revoked by the Zoning Administrator effective immediately upon verbal or written notice for violation of the terms of the permit. Verbal notice shall be confirmed by written notice mailed to the permit holder,.N-ithin 48 hours. The Zoning Administrator may approve changes in a temporary use permit. (3528B-2/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 241 241-5 2/02 241.22 Waiver of Development Standards A. Standards Which Can be Waived. The Director may waive development standards for setbacks, open space, separation between buildings, height of buildings or fences, site coverage and landscaping without a conditional use permit or a variance, only if he finds that such a waiver improves project design and does not exceed 10 percent deviation. No other standards shall be subject to this waiver provision. (3528B-2/02) B. Time Limit. A waiver shall become null and void six months after date of approval. C. Extensions. A waiver shall not be extended for more than one year unless the applicant demonstrates that no circumstances relevant to the approval of the waiver, including other development in the neighborhood, have changed from the time of approval. D. Limitations. A waiver may not be granted if the waiver would in any way degrade the environment or result in any changes to classification of land use or to height density. Also,projects not otherwise subject to discretionary review (i.e., conditional use permit, variance, coastal development permit, or subdivision approval) may not apply for«-giver. E. Decisions and Appeals. The Director's decision may be appealed in accord with Chapter.248. .The Director's decision shall be distributed to the City . Council, Planning Commission,and Zoning Administrator within 48 hours of such decision: 241.24 Neighborhood Notification When no entitlement is required and the use requires such notification as stated in the Zoning and Subdivision Ordinance, this procedure shall notify property owners and tenants within a 150 foot radius of an applicant's proposed project. Notification requirements when no entitlement required. A. Notification. Ten (10) working days prior to submittal for a building permit or certificate of occupancy,.applicant shall notice adjacent property owners and tenants by first class mail. B. Notice of AuDlication. T. Name of applicant. 2. Location ofp planned development or use, including address. 3. Complete description of the proposed development or use such that there is full disclosure in the notice. 4. Planning Department phone number and address of City Hall where plans may be reviewed. 5. The date by which any comments must be received in writing by the Planning Department and 6ty appeal procedures. 6. Planning Department shall receive entire list including name and address of those receiving the mailing. C. _ Appeals. The Director's decision may be.appealed in accord wi apter 248.',: Huntington Beach Zoning and Subdivision Ordinance Chapter 241 241-6 2/02 e 6. Planning Department shall receive entire list including name and address of those receiving the mailing. C. Appeals. The Director's.decision maybe,appealed in accord . wR Cl apter 248.. Huntington Beach Zoning and Subdivision Ordinance Chapter 241 241-6 2/02 Ci t CI-Ekk CITY OF November 1, 2004 HUNTINGTON BEACH, CA Z004 NOV - I P 3: 4 q Honorable Mayor and City Council Members C/O Joan Flynn, The Honorable City Clerk 2000 Main Street, Huntington Beach, CA 926486 Subject: Agenda Item D-3 - "Approve Zoning Text Amendment No. 03-02 (Entitlement Streamlining Phase II), Ordinance Nos. 3668A, 3669-3682. Dear Mayor Green and City Council Members: I am writing to ask the City Council to approve the subject Streamlining Ordinance as passed by the City Planning Commission without revision on a one year trial basis. If upon the one year review, Council decides that there needs to be some adjustments, they could then be made based on the actual trial results. My longstanding goal for our city entitlement process is to make it more "customer friendly" and time efficient providing a "yes or no" answer to applicants in a shorter time frame and at less cost. The City of Huntington Beach has for more than a decade had the longest processing timeframe of any other city in Orange and Los Angles counties. Although impossible to calculate, the accumulative cost to both the applicants and the city are considerable. For example, let's say a downtown building owner has a retail vacancy, he receives strong interest from a restaurant user which requires a CUP to the Planning Commission (quoted as 4-6 months processing time). If approved, the tenant will then begin the design and plan check process (3 additional months) then add on another 3 months of actual construction time and at least one full year has passed. That is 12 months that the building owner has not collected rent, the restaurant owner has not had his restaurant open providing jobs and generating sales tax revenues to the City coffers. In addition to the above stated cost & time saving and revenue generating benefits, staff will have more time to process even more applications in a timely manner as staff reports for the ZA and Planning Director are not as time consuming as those for the Planning Commission and City Council. One of the overriding concerns I heard from the City Council during the public hearing on October 18th was a concern that surrounding property owners would not be properly noticed. I have no problem with expanding the noticing requirements to insure all pertinent neighbors are made aware of requests, and if there are concerns residents can address them and of course if they are not happy with the outcome they or the City Council itself can always appeal the item. I thank you for your consideration of my comments. Sincerely, Keith Bohr August 24,2004 LEGISLATIVE DRAFT- aye- [Chapter 204 Use Classifications (3334-6/97,3378-2/98,3521-2/02, 3568-9/02) Sections: 204.02 Applicability 204.04 Uses Not Classified 204.06 Residential Use Classifications 204.08 Public and Semipublic Use Classifications 204.10 Commercial Use Classifications 204.12 Industrial Use Classifications 204.14 Accessory Use Classifications 204.16 Temporary Use Classifications 204.02 Applicability Use classifications describe one or more uses having similar characteristics, but do not list every use or activity that may appropriately be within the classification. The Director shall determine whether a specific use shall be deemed to be within one or more use classifications or not within any classification in this Title. The Director may determine that a specific use shall not be deemed to be within a classification, if its characteristics are substantially different than those typical of uses named within the classification. The Director's decision may be appealed to the Planning Commission. (3334-6/97) 204.04 Uses Not Classified Any new use, or any use that cannot be clearly determined to be in an existing use classification, may be incorporated into the zoning provisions by a Zoning and Subdivision Ordinance text amendment, as provided in Chapter 247. Such an incorporation shall not be effective unless certified by the Coastal Commission as a Local Coastal Program amendment. (3334-6/97) 204.06 Residential Use Classifications A. Day Care, Limited (or Small-Family). Non-medical care and supervision of six or fewer persons, or eight or ewer persons if two of the persons are six years of age or older, on a less than 24-hour basis. Children under the age of 10 years who reside in the home shall be counted for purposes of these limits. This classification includes nursery schools, preschools, and day-care centers for children and adults. (3334-6/97) B. Group Residential. Shared living quarters without separate kitchen or bathroom facilities for each room or unit. This classification includes boarding houses, but excludes residential hotels or motels. (3334-6/97) C. Multifamily Residential. Two or more dwelling units on a site. This classification includes manufactured homes. (3334-6/97) August 24,2004 Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-2 9/02 D. Residential Alcohol Recovery, Limited. Twenty-four-hour care for no more than six persons suffering from alcohol problems in need of personal services, supervision, protection or assistance. This classification includes only those facilities licensed by the State of California. (3334-6/97) E. Residential Care, Limited. Twenty-four-hour non-medical care for 6 or fewer persons in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living. This classification includes only those services and facilities licensed by the State of California.(3334-6/97) F. Single-Family Residential. Buildings containing one dwelling unit located on a single lot. This classification includes manufactured homes. (3334-6/97) 204.08 Public and Semipublic Use Classifications A. Cemetery. Land used or intended to be used for the burial of human remains and dedicated for cemetery purposes. Cemetery purposes include columbariums, crematoriums, mausoleums, and mortuaries operated in conjunction with the cemetery, business and administrative offices, chapels, flower shops, and necessary maintenance facilities. (3334-6/97) B. Clubs and Lodges. Meeting, recreational, or social facilities of a private or nonprofit organization primarily for use by members or guests. This classification includes union halls, social clubs and youth centers. (3334-6/97) C. Community and Human Service Facilities. 1. Drug Abuse Centers. Facilities offering drop-in services for persons suffering from drug abuse, including treatment and counseling without provision for on-site residence or confinement. (3334-6/97) 2. Primary Health Care. Medical services, including clinics, counseling and referral services, to persons afflicted with bodily or mental disease or injury without provision for on-site residence or confinement. (3334-6/97) 3. Emergency Kitchens. Establishments offering food for the "homeless" and others in need. (3334-6/97) 4. Emergency Shelters. Establishments offering food and shelter programs for "homeless" people and others in need. This classification does not include facilities licensed for residential care, as defined by the State of California, which provide supervision of daily activities. (3334-6/97) 5. Residential Alcohol Recovery, General. Facilities providing 24-hour care for more than six persons suffering from alcohol problems, in need of personal services, supervision, protection or assistance. These facilities may include an inebriate reception center as well as facilities for treatment, training, research, and administrative services for program participants and employees. This classification includes only those facilities licensed by the State of California. (3334-6/97) August 24,2004 Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-2 6/97 6. Residential Care, General. Twenty-four-hour non-medical care for seven or more persons, including wards of the juvenile court, in need of personal services, supervision,protection, or assistance essential for sustaining the activities of daily living. This classification includes only those facilities licensed by the State of California.(3334- 6/97) D. Convalescent Facilities. Establishments providing care on a 24-hour basis for persons requiring regular medical attention, but excluding facilities providing surgical or emergency medical services. (3334-6/97) E. Cultural Institutions. Nonprofit institutions displaying or preserving objects of interest in one or more of the arts or sciences. This classification includes libraries, museums, and art galleries. (3334-6/97) F. Day Care, Large-Family. Pr-o isie,, of-nNon-medical care and supervision for 7 to 12 ehildr-en persons, or up to 14 persons if two of the persons are six years of age or older on a less than 24- hour basis. Children under the age of 10 years who reside in the home shall be counted for purposes of these limits. (3334-6/97) G. Day Care, General. Pfevision e Nnon-medical care for 13 or more persons on a less than 24-hour basis. This classification includes nursery schools, preschools, and day-care centers for children or adults. (3334-6/97) H. Emergency Health Care. Facilities providing emergency medical service with no provision for continuing care on an inpatient basis. (3334-6/97) I. Government Offices. Administrative, clerical, or public contact offices of a government agency, including postal facilities, together with incidental storage and maintenance of vehicles. (3334-6/97) J. Heliports. Pads and facilities enabling takeoffs and landings by helicopter. (3334- 6/97) K. Hospitals. Facilities providing medical, surgical,psychiatric, or emergency medical services to sick or injured persons, primarily on an inpatient basis. This classification includes incidental facilities for out-patient treatment, as well as training, research, and administrative services for patients and employees. (3334-6/97) L. Maintenance and Service Facilities. Facilities providing maintenance and repair services for vehicles and equipment, and materials storage areas. This classification includes corporation yards, equipment service centers, and similar facilities. (3334-6/97) M. Marinas. A boat basin with docks, mooring facilities, supplies and equipment for small boats. (3334-6/97) N. Park and Recreation Facilities. Noncommercial parks, playgrounds, recreation facilities, and open spaces. (3334-6/97) August 24,2004 O. Public Safety Facilities. Facilities for public safety and emergency services, including police and fire protection. (3334-6/97) P. Religious Assembly. Facilities for religious worship and incidental religious education, but not including private schools as defined in this section. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-3 6/97 Q. Schools, Public or Private. Educational institutions having a curriculum comparable to that required in the public schools of the State of California. (3334- 6/97) R. Utilities, Major. Generating plants, electrical substations, above-ground electrical transmission lines, switching buildings, refuse collection, transfer, recycling or disposal facilities, flood control or drainage facilities, water or wastewater treatment plants, transportation or communications utilities, and similar facilities of public agencies or public utilities. (3334-6/97) S. Utilities, Minor. Utility facilities that are necessary to support legally established uses and involve only minor structures such as electrical distribution lines, underground water and sewer lines, and recycling and collection containers. (3334-6/97) 204.10 Commercial Use Classifications A. Ambulance Services. Provision of emergency medical care or transportation, including incidental storage and maintenance of vehicles as regulated by Chapter 5.20. (3334-6/97,3378-2/98) 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. (3334-6/97) 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. (3334-6/97) 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. (3334-6/97) 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. (3334-6/97) 5. Equestrian Centers. Establishments offering facilities for instruction in horseback riding, including rings, stables, and exercise areas. (3334-6/97) August 24,2004 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. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-4 2/98 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. (3334-6/97) 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. (3334-6/97,3378-2/98) 1. With Drive-up Service. Institutions providing services accessible to persons who remain in their automobiles. (3334-6/97) 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. (3334-6/97,3378-2/98) 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.) (3334-6/97,3378-2/98) 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) (3334-6/97,3378-2/98) H. Commercial Recreation and Entertainment. Provision of participant or spectator recreation or entertainment. This classification includes theaters, sports stadiums and arenas, amusement parks, bowling alleys, billiard parlors and poolrooms as regulated by Chapter 9.32; dance halls as regulated by Chapter 5.28; ice/roller skating rinks, golf courses, miniature golf courses, scale-model courses, shooting galleries, tennis/racquetball courts, health/fitness clubs, pinball arcades or electronic games centers, cyber cafe having more than 4 coin-operated game machines as regulated by Chapter 9.28; card rooms as regulated by Chapter 9.24; and fortune telling as regulated by Chapter 5.72. (3334-6/97,3378-2/98) 1. Limited. Indoor movie theaters, game centers and performing arts theaters and health/fitness clubs occupying less than 2,500 square feet. (3334-6/97) 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. (3334-6/97,3378-2/98,3568-9/02)) August 24,2004 J. Eating and Drinking Establishments. Businesses serving prepared food or beverages for consumption on or off the premises. (3334-6/97,3378-2/98) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-5 9/02 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. (3334-6/97) a. Drive-through. Service from a building to persons in vehicles through an outdoor service window. (3334-6/97) b. Limited. Establishments that do not serve persons in vehicles or at a table. (3334-6/97) 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. (3334-6/97) K. Food and Beverage Sales. Retail sales of food and beverages for off-site preparation and consumption. Typical uses include groceries, liquor stores, or delicatessens. Establishments at which 20 percent or more of the transactions are sales of prepared food for on-site or take-out consumption shall be classified as Catering Services or Eating and Drinking Establishments. (3334-6/97,3378-2/98) 1. With Alcoholic Beverage Sales. Establishments where more than 10 percent of the floor area is devoted to sales, display and storage of alcoholic beverages. (3334-6/97) L. Food Processing. Establishments primarily engaged in the manufacturing or processing of food or beverages for human consumption and wholesale distribution. (3334-6/97,3378-2/98) 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. (3334-6/97,3378-2/98) N. Horticulture. The raising of fruits, vegetables, flowers, trees, and shrubs as a commercial enterprise. (3334-6/97,3378-2/98) 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. (3334-6/97,3378-2/98) P. Maintenance and Repair Services. Establishments providing appliance repair, office machine repair, or building maintenance services. This August 24,2004 classification excludes maintenance and repair of vehicles or boats; see (Vehicle/Equipment Repair). (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-6 2/98 Q. Marine Sales and Services. Establishments providing supplies and equipment for shipping or related services or pleasure boating. Typical uses include chandleries, yacht brokerage and sales, boat yards, boat docks, and sail-making lofts. (3334-6/97,3378-2/98) R. Nurseries. Establishments in which all merchandise other than plants is kept within an enclosed building or a fully screened enclosure, and fertilizer of any type is stored and sold in package form only. (3334-6/97,3378-2/98) S. Offices, Business and Professional. Offices of firms or organizations providing professional, executive, management, or administrative services, such as architectural, engineering, graphic design, interior design, real estate, insurance, investment, legal, veterinary, and medical/dental offices. This classification includes medical/dental laboratories incidental to an office use, but excludes banks and savings and loan associations. (3334-6/97,3378-2/98) T. Pawn Shops. Establishments engaged in the buying or selling of new or secondhand merchandise and offering loans secured by personal property and subject to Chapter 5.36 of the Municipal Code. (3334-6/97,3378-2/98) U. Personal Enrichment Services. Provision of instructional services or facilities, including photography, fine arts, crafts, dance or music studios, driving schools, business and trade schools, and diet centers, reducing salons,and fitness studios, yoga or martial arts studios, and massage in conjunction with Personal Services business. (3334- 6/97,3378-2/98) V. Personal Services. Provision of recurrently needed services of a personal nature. This classification includes barber and beauty shops, seamstresses, tailors, shoe repair shops, dry-cleaning businesses (excluding large-scale bulk cleaning plants), photo-copying, and self-service laundries. (3334-6/97,3378- 2/98) W. Research and Development Services. Establishments primarily engaged in industrial or scientific research, including limited product testing. This classification includes electron research firms or pharmaceutical research laboratories, but excludes manufacturing, except of prototypes, or medical testing and analysis. (3334-6/97,3378-2/98) X. Retail Sales. The retail sale of merchandise not specifically listed under another use classification. This classification includes department stores, drug stores, clothing stores, and furniture stores, and businesses retailing the following goods: toys, hobby materials, handcrafted items,jewelry, cameras, photographic supplies, medical supplies and equipment, electronic equipment, records, sporting goods, surfing boards and equipment, kitchen utensils, hardware, appliances, antiques, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive parts and accessories (excluding service and installation). (3334- 6/97,3378-2/98) August 24,2004 Y. Secondhand Appliances and Clothing. 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. (3334-6/97,3378-2/98) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-7 2/98 Z. Sex Oriented Businesses. Establishments as regulated by Chapter 5.70; baths, sauna baths and massage establishments, as regulated by Chapter 5.24; and figure model studios as regulated by Chapter 5.60. (3378-2/98) AA. Swap Meets, Indoor/Flea Markets. An occasional, periodic or regularly scheduled market held within a building where groups of individual vendors offer goods for sale to the public. (3334-6/97) BB. 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. (3334-6/97) CC. Tattoo Establishment. Premises used for the business of marking or coloring the skin with tattoos as regulated by Chapter 8.70. (3334-6/97) DD. Travel Services. Establishments providing travel information and reservations to individuals and businesses. This classification excludes car rental agencies. (3334-6/97) EE. Vehicle/Equipment Sales and Services. 1. Automobile Rentals. Rental of automobiles, including storage and incidental maintenance, but excluding maintenance requiring pneumatic lifts. (3334-6/97) 2. Automobile Washing. Washing, waxing, or cleaning of automobiles or similar light vehicles. (3334-6/97) 3. Commercial Parking Facility_. Lots offering short-term or long-term parking to the public for a fee. (3334-6/97) 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. (3334-6/97) 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. (3334-6/97) August 24,2004 a. Limited. Light repair and sale of goods and services for vehicles, including brakes, muffler, tire shops, oil and lube, and accessory uses, but excluding body and fender shops, upholstery,painting, and rebuilding or reconditioning of vehicles. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-8 2/98 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. (3334-6/97) 7. Vehicle Storage. Storage of operative or inoperative vehicles. This classification includes storage of parking tow-aways, impound yards, and storage lots for automobiles, trucks, buses and recreational vehicles, but does not include vehicle dismantling. (3334-6/97) FF. 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. (3334-6/97) 2. Hotels and Motels. Establishments offering lodging on a weekly or less than weekly basis. Motels may have kitchens in no more than 25 percent of guest units, and "suite" hotels may have kitchens in all units. This classification includes eating, drinking, and banquet service associated with the facility. (3334-6/97) GG. Warehouse and Sales Outlets. Businesses which store large inventories of goods in industrial-style buildings where these goods are not produced on the site but are offered to the public for sale. (3334-6/97) HH. Quasi Residential 1. Residential Hotels. Buildings with 6 or more guest rooms without kitchen facilities in individual rooms, or kitchen facilities for the exclusive use of guests, and which are intended for occupancy on a weekly or monthly basis. (3334-6/97) 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. (3334-6/97) 3. Time-Share Facilities. A facility in which the purchaser receives the right in perpetuity, for life or for a term of years, to the recurrent exclusive use or occupancy of a lot, parcel, unit or segment of real property, annually or on some other periodic basis for a period of August 24,2004 time that has been or will be allocated from the use or occupancy periods into which the plan has been divided. A time-share plan may be coupled with an estate in the real property or it may entail a license or contract and/or membership right of occupancy not coupled with an estate in the real property. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-9 6/97 204.12 Industrial Use Classifications A. Industry, Custom. Establishments primarily engaged in on-site production of goods by hand manufacturing involving the use of hand tools and small-scale equipment. (3334-6/97) 1. Small-scale. Includes mechanical equipment not exceeding 2 horsepower or a single kiln not exceeding 8 kilowatts and the incidental direct sale to consumers of only those goods produced on- site. Typical uses include ceramic studios, candle-making shops, and custom jewelry manufacture. (3334-6/97) B. Industry, General. Manufacturing of products, primarily from extracted or raw materials, or bulk storage and handling of such products and materials. Uses in this classification typically involve a high incidence of truck or rail traffic, and/or outdoor storage of products, materials, equipment, or bulk fuel. This classification includes chemical manufacture or processing, food processing and packaging, laundry and dry cleaning plants, auto dismantling within an enclosed building, stonework and concrete products manufacture (excluding concrete ready-mix plants), small animal production and processing within an enclosed building, and power generation. (3334-6/97) C. Industry, Limited. Manufacturing of finished parts or products, primarily from previously prepared materials; and provision of industrial services, both within an enclosed building. This classification includes processing, fabrication, assembly, treatment, and packaging, but excludes basic industrial processing from raw materials and Vehicle/Equipment Services, but does allow food processing for human consumption. (3334-6/97) D. Industry, Research and Development. Establishments primarily engaged in the research, development, and controlled production of high-technology electronic, industrial or scientific products or commodities for sale, but prohibits uses that may be objectionable in the opinion of the Director, by reason of production of offensive odor, dust, noise, vibration, or in the opinion of the Fire Chief by reason of storage of hazardous materials. Uses include aerospace and biotechnology firms, and non-toxic computer component manufacturers. (3334-6/97) This classification also includes assembly, testing and repair of components, devices, equipment, systems, parts and components such as but not limited to the following: coils,tubes, semi-conductors; communication, navigation, guidance and control equipment; data processing equipment; filing and labeling machinery; glass edging and silvering equipment; graphics and art equipment; metering equipment; optical devices and equipment; photographic equipment; radar, infrared and ultraviolet equipment; radio and television equipment. (3334-6/97) August 24,2004 This classification also includes the manufacture of components, devices, equipment, parts and systems which includes assembly, fabricating, plating and processing, testing and repair, such as but not limited to the following: machine and metal fabricating shops, model and spray painting shops, environmental test, including vibration analysis, cryogenics, and related functions, plating and processing shops, nuclear and radioisotope. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-10 6/97 This classification also includes research and development laboratories including biochemical and chemical development facilities for national welfare on land, sea, or air; and facilities for film and photography, metallurgy; pharmaceutical, and medical and x-ray research. (3334-6/97) E. Wholesaling, Distribution and Storage. Storage and distribution facilities without sales to the public on-site or direct public access except for recycling facilities and public storage in a small individual space exclusively and directly accessible to a specific tenant. This classification includes mini-warehouses. (3334-6/97) 204.14 Accessory Use Classifications Accessory Uses and Structures. Uses and structures that are incidental to the principal permitted or conditionally permitted use or structure on a site and are customarily found on the same site. This classification includes detached or attached garages, home occupations, caretakers' units, and dormitory type housing for industrial commercial workers employed on the site, and accessory dwelling units. (3334-6/97) 204.16 Temporary Use Classifications A. Animal Shows. Exhibitions of domestic or large animals for a maximum of seven days. (3334-6/97) B. Festivals, Circuses and Carnivals. Provision of games, eating and drinking facilities, live entertainment, animal exhibitions, or similar activities in a tent or other temporary structure for a maximum of seven days. This classification excludes events conducted in a permanent entertainment facility. (3334-6/97) (3521-2/02) C. Commercial Filming, Limited. Commercial motion picture or video photography at a specific location six or fewer days per quarter of a calendar year. (See also Chapter 5.54, Commercial Photography) (3334-6/97) D. Personal Prope . Sales. Sales of personal property by a resident ("garage sales") for a period not to exceed 48 consecutive hours and no more than once every six months. (3334-6197) E. Real Estate Sales. An office for the marketing, sales, or rental of residential, commercial, or industrial development. This classification includes "model homes." (3334-6/97) August 24,2004 F. Retail Sales, Outdoor. Retail sales of new merchandise on the site of a legally established retail business for a period not to exceed 4-9 96 consecutive hours (four days) no more than once every 3 months. (3334-6/97) G. Seasonal Sales. Retail sales of seasonal products, including Christmas trees, Halloween pumpkins and strawberries. (3334-6/97) H. Street Fairs. Provision of games, eating and drinking facilities, live entertainment, or similar activities not requiring the use of roofed structures. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-11 2/02 I. Trade Fairs. Display and sale of goods or equipment related to a specific trade or industry for a maximum period of five days per year. (3334-6/97) J. Temporary Event. Those temporary activities located within the coastal zone that do not qualify for an exemption pursuant to Section 245.08. (3334- 6/97) K. Tent Event. Allows for the overflow of religious assembly for a period not to exceed 72 consecutive hours and not more than once every 3 months. (3521- 2/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-12 2/02 t August 24, 2004 LEGISLATIVE DRAFT Dra!, /tle- 3,55'73 Chapter 214 TS Public-Semipublic District (3334-6/97, 3524-2/02, 3553-5/02,3568-9/02) Sections: 214.02 Public-Semipublic District Established 214.04 Applicability 214.06 PS District: Land Use Controls 214.08 PS District: Development Standards 214.10 Review of Plans 214.02 Public-Semipublic District Established The PS Public-Semipublic District is established by this chapter. This district provides areas for large public or semipublic uses. The intent of this district in the coastal zone is to implement the Public, Quasi-Public, and Institutional land use designation of the certified Local Coastal Program Land Use Plan. (3334-6/97) 214.04 Applicability The PS District shall be the base district for the use classifications listed in Section 214.06 where these have a contiguous site area of 2 acres or more, including alleys, streets, or other rights-of-way. This requirement does not apply to Public-Semipublic use classifications in commercial districts. Public-semipublic use classifications on sites of less than 2 acres shall be subject to the provisions of the base and overlay districts in which they are located. (3553-5/02) 214.06 PS District: Land Use Controls In the following schedule, letter designations are used as follows: "P" designates use classifications permitted in PS districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" which follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "TU" designates use classifications allowed on approval of a temporary use permit. "P/U" for an accessory use mean that the use is permitted on the site of a permitted use but requires a conditional use permit on the site of a conditional use. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the zoning ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. Huntington Beach Zoning and Subdivision Ordinance Chapter 214 214-1 9/02 August 24, 2004 PS DISTRICT: P = Permitted LAND USE CONTROLS L = Limited (see Additional Provisions) PC = Conditional use permit approved by Planning Commission TU = Temporary Use Permit P/U = Requires conditional use permit on site of a conditional use Additional PS Provisions Public and Semipublic Cemetery PC Cultural Institutions PC Day Care, General PC Government Offices L-1 Hospitals PC Maintenance & Service Facilities L-1 Park& Recreation Facilities PC Public Safety Facilities PC Religious Assembly ZA (3524-2/02) Residential Care, General PC Schools, Public or Private PC Utilities, Major PC Utilities, Minor P Commercial Uses Commercial Parking Facility L-3 Communication Facilities L-4 (3568-9/02) Eating and Drinking Establishments L-2 Vehicle/Equipment Sales and Services L-1 Accessory Uses Accessory Uses and Structures P/U Temporary Uses (A) Animal Shows TU Circuses and Carnivals TU Commercial Filming, Limited TU Trade Fairs Ti.�P Nonconforming Uses (B) Huntington Beach Zoning and Subdivision Ordinance Chapter 214 214-2 9/02 August 24, 2004 PS District: Additional Provisions L-1 City-owned facilities are permitted; all other facilities require a conditional use permit from the Planning emmissionZoning Administrator. L-2 Permitted as an accessory use in a cultural, educational, hospital, or medical institution occupying no more than 5,000 square feet, only if there is no separate entrance or sign. L-3 Public parking permitted, but commercial parking facilities on City-owned land require a conditional use permit from the Planning Gammissie Zoning Administrator. L-4 Only wireless communication facilities permitted subject to Section 230.96 Wireless Communication Facilities. (3568-9/02) (A) See Section 241.20: Temporary Use Permits. (B) See Chapter 236: Nonconforming Uses and Structures. 214.08 PS District: Development Standards The following schedule prescribes development standards for the PS district. The first column prescribes basic requirements for permitted and conditional uses in the district. Letters in parentheses in the "Additional Requirements" column refer to standards following the schedule or located elsewhere in the zoning ordinance. In calculating the maximum gross floor area as defined in Chapter 203, the floor area ratio is calculated on the basis of net site area. Fractional numbers shall be rounded down to the nearest whole number. All required setbacks shall be measured from ultimate right-of-way and in accordance with definitions set forth in Chapter 203 Definitions. (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 214 214-3 9/02 August 24, 2004 PS DISTRICT DEVELOPMENT STANDARDS PS Additional Requirements Nonresidential Development (A) Minimum Lot Area 2 ac Minimum Lot Width (ft.) 100 Minimum Setbacks Front (ft.) 10 (B)(C)(M) Side (ft.) 0 (D) Street Side (ft.) 10 (C) Rear(ft.) 0 (D) Maximum Height of Structures (ft.) 50 (D)(E)(N) (3334-6197) Maximum Floor Area Ratio (FAR) 1.5 Minimum Site Landscaping (%) 8 (F)(G) Building Design Standards (L)(M) Fences and Walls (H)(I) Off-Street Parking/Loading (J) Outdoor Facilities See Section 230.74 (K) Screening of Mechanical Equipment See Section 230.76 (K) Refuse Storage Areas See Section 230.78 Underground Utilities See Chapter 17.64 Performance Standards See Section 230.82 Nonconforming Structures See Chapter 236 Signs See Chapter 233 PS District: Additional Development Standards (A) See Section 230.62: Building Site Required. (B) See Section 230.68: Building Projections into Yards and Required Open Space. Double- frontage lots shall provide front yards on each frontage. (C) A minimum 50-foot setback is required along Beach Boulevard, Edinger Avenue, and Pacific Coast Highway or 25 foot setback with the setback area entirely landscaped. (D) Along a side or rear property line abutting an R district, a 10-foot setback is required, and structures within 45 feet of the district boundary shall not exceed 18 feet in height. (E) See Section 230.70: Measurement of Height and Section 230.72: Exceptions to Height Limits. Huntington Beach Zoning and Subdivision Ordinance Chapter 214 214-4 6/97 (F) Planting: August 24, 2004 (1) Required side and rear yards shall be planting areas or shall be enclosed by a solid concrete or masonry wall at least 6 feet in height. (2) A 10-foot wide landscaped strip shall be provided along all street frontages, except for necessary driveways and walks. (G) See Chapter 232: Landscape Improvements. (H) See Section 230.88: Fencing and Yards. (1) A solid masonry or concrete wall at least 6 feet in height shall adjoin the site of an existing ground-floor residential use. However, where the portion of the site within 10 feet of the front property line is occupied by planting area or by a building having no openings except openings opposite a street property line, the Director may grant an exception to this requirement. A wall within 15 feet of a street property line shall not exceed 3.5 feet in height. (J) See Chapter 231: Off-Street Parking and Loading. (K) See Section 230.44 Recycling Operations and Section 230.80: Antennae (L) A front or street side wall surface shall be no longer than 100 feet without a break, a recess or offset measuring at least 20 feet in depth and one-quarter of the building length, or a series of offsets, projections or recesses, at intervals of not more than 40 feet that vary the depth of the building wall by a minimum of 4 feet. The Director may grant exceptions or allow these standards to be modified for exceptional or unique structures subject to Design Review, Chapter 244. (M) On frontages adjacent to major or primary arterials at least 40 percent of a building surface may be located at the minimum setback line if additional landscaping is provided on the site. (N) In the coastal zone, the maximum allowable height of structures shall be reduced as necessary to retain compatibility with the established physical scale of the area and to preserve and enhance public visual resources. (3334-6/97) 214.10 Review of Plans All applications for new construction and exterior alterations and additions shall be submitted to the Community Development Department for review. Discretionary review shall be required for projects requiring conditional use permits. Design Review shall be required for all projects except temporary uses. A Coastal Development Permit is required for projects in the Coastal Zone unless the project is exempt (see Chapter 245). Huntington Beach Zoning and Subdivision Ordinance Chapter 214 214-5 6197 f August 24,2004 LEGISLATIVE DRAFT Oi,o& A o. 3,(n Chapter 222 FP Floodplain Overlay District (-FP1, -FP2=-FP3) (3285-7/95,3334-6/97) Sections: 222.02 Floodplain Overlay District Established 222.04 Zoning Map Designator; Establishment of Hazard Areas 222.06 Definitions 222.08 Methods of Reducing Flood Hazards 222.10 General Provisions 222.12 Land Use Controls 222.14 Development Standards and Standards of Construction 222.16 Variances/Appeals 222.02 Floodplain Overlay District Established The FP Floodplain Overlay District is established and applies to all areas of special flood hazard within the City. If not controlled, periodic inundation results in loss of life and property, health and safety hazards, disruption of commerce and government services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss. 222.04 Zoning Map Designators; Establishment of Hazard Areas A. The areas of special flood hazard identified by the Federal Emergency Management Agency(FEMA) in the Flood Insurance Study for the City of Huntington Beach dated August 16, 1982 and delineated on the Flood Insurance Rate Map (FIRM) dated February 16, 1983 (revised September 16; 1989) and the Orange County, County-wide FIRM dated November 3, 1993 and all subsequent revisions and/or amendments are hereby adopted by reference and declared to be a part of this chapter. FEMA's most recent FIRM and flood insurance study(on file with the Director) may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the City Council by the Director. Huntington Beach Zoning and Subdivision Ordinance Chapter 222 222-1 5/97 August 24,2004 B. Three subdistricts of the FP Overlay District are designated for purposes of flood hazard provisions. 1. -FP1 Subdistrict shall apply to that area designated as a floodway or right-of-way necessary for implementation of the Santa Ana River Channel Plan by the U.S. Army Corps of Engineers. 2. -FP2 Subdistrict shall apply to FIRM areas A, AE, AO, and AH and any other area determined by the Director to be subject to similar flood hazards. 3. -FP3 Subdistrict shall apply to FIRM areas V or VE and any other area determined by the Director to be subject to similar flood hazard. C. The -FP District boundaries shall be delineated on the Zoning Map by adding a "-FP" designator to the base district designator for the area affected, followed by the appropriate subdistrict designation(1, 2, or 3). 222.06 Definitions Except where the context clearly indicates otherwise, the definitions given in this section shall govern the provisions of this chapter. A. Appeal. A request for review of the Director's interpretation of any provision of this chapter, or a request for a variance. B. Area of shallow flooding. A designated AO or AH zone on the Flood Insurance Rate Map (FIRM)prepared by the Federal Emergency Management Agency (FEMA). The base flood depths range from one to three feet; a clearly-defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. C. Area of special flood hazard. The land in the floodplain within a community subject to a 1 percent or greater chance of flooding in any given year. This area is designated as Zone A, AO, AH, AE, V, and VE on the FIRM. D. Base flood. A flood having a 1 percent chance of being equaled or exceeded in any given year(also called the 100-year flood). E. Basement. Any area of a building having its floor subgrade on all sides. F. Breakaway wall. Any type of wall, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic, or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action Huntington Beach Zoning and Subdivision Ordinance Chapter 222 222-2 5/97 August 24,2004 without damage to the structural integrity of the building on which it is used or any building to which it might be carried by flood waters. A breakaway wall shall have a safe design loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls must be certified by a California-registered engineer or architect and shall meet the following conditions: 1. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and 2. The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of a base flood. G. Coastal high hazard area. The area subject to high velocity waters including, but not limited to, coastal and tidal inundation or tsunamis. The area is designated on a FIRM as Zone V and VE and as -FP3 in this Chapter. H. Development. Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavating, or drilling operations. 1. Existing manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities including utilities, final grading or paving of pads and the construction of streets was completed before the effective date of the City's floodplain management regulation. J. Expansion to an existing manufactured home park or subdivision. The preparation of additional manufactured home sites in an existing manufactured home park or subdivision beyond those that had been completed prior to the effective date of the provisions in this chapter. K. Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation of runoff of surface waters from any source; mudslides; and condition resulting from flood-related erosion. L. Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map. The official maps on which areas of special flood hazard, the risk premium zones and the floodway applicable to the community are delineated. M. Flood Insurance Study. The "Flood Insurance Study for the City of Huntington Beach," prepared by the Federal Insurance Administration (FIA), providing flood profiles, the Flood Insurance Rate Maps, the Flood Boundary and Floodway Maps and the water surface elevations of the base flood. Huntington Beach Zoning and Subdivision Ordinance Chapter 222 222-3 5/97 n August 24,2004 N. Floodplain. Any land area susceptible to being inundated by water from any source. O. Floodplain management. The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management control. P. Floodplain management regulations. Zoning and subdivision ordinances, building codes, health regulations, special purpose ordinances (such as floodplain, grading and erosion control) and other applications of police power. This term describes federal, state or local regulations in any combination thereof which provide standards for the purpose of preventing and reducing flood damage and loss. Q. Floodproofing. Any combination of structural and nonstructural additions, changes or adjustments to nonresidential structures which reduce or eliminate flood damage to real estate or improved real property, water, and sanitary facilities, structures, and their contents. R. Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 1 foot. S. Functionally dependent use. A use which cannot perform its intended purposes unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. T. Hi h�adjacent grade. The highest natural elevation of the ground surface next to the proposed walls of a structure prior to construction. U. Lowest Floor. The lowest floor of the lowest enclosed area(including basement). An unfinished or flood-resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter. V. Mean Sea Level. The National Geodetic Vertical Datum of 1929 or other datum, to which base flood elevations shown on the FIRM are referenced. W. New construction. Structures for which the "start of construction" commenced on or after the effective date of the City's floodplain management control (February 16, 1983). Huntington Beach Zoning and Subdivision Ordinance Chapter 222 222-4 5/97 August 24,2004 X. Sand dunes. Naturally occurring accumulations of sand in ridges or mounds landward of the beach. Y. Start of construction. The date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation such as clearing, grading, and filling; or does it include the installation of streets and/or walkways; or does it include excavation for a basement, footings, piers, or foundations of the erection of temporary forms; or does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. Z. Substantial damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to the condition existing before damage would equal or exceed 50 percent of the market value before the damage occurred. AA. Substantial improvement. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before such repair, reconstruction, or improvement. This term includes structures which have incurred "substantial damage,"regardless of the actual repair work performed. This term does not, however, include: (3285-7/95,3334-6/97) 1. Any improvement to a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to ensure safe living conditions; or 2. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places that will not preclude the structure's continued designation. (3265-7/96,3334-6/97) "Market value" of a structure, as used herein, shall be the replacement cost as determined by its replacement value according to the valuation figures in use by the Director prior to such repair, reconstruction, or improvement. In the alternative, the applicant may submit a report by a qualified real estate appraiser which indicates the "replacement cost" of the structure. (3265-7/95,3334-6/97) "Cost" for a repair, reconstruction, or improvement project, as used herein, shall be determined by valuation figures in use by the Director. Huntington Beach Zoning and Subdivision Ordinance Chapter 222 222-5 5/97 August 24,2004 BB. Variance: A grant of relief from the requirements of this chapter which permits construction in a manner which would otherwise be prohibited. (3285-7/95,3334-6/97) 222.08 Methods of Reducing Flood Hazards Methods and provisions for reducing flood hazard include: A. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities; B. Requiring that uses and structures vulnerable to floods be protected against flood damage at the time of initial construction; C. Controlling the alteration of natural floodplain, stream channels, and natural protective barriers, which help accommodate or channel flood waters; D. Controlling filling, grading, dredging, and other development which may increase flood damage; E. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas; and F. Any methods and provisions for reducing flood hazard within the coastal zone shall be consistent with the Coastal Conservation District. (3334-6/97) 222.10 General Provisions A. Compliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable provisions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter or another chapter, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. B. Warning and Disclaimer of Liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. As a consequence, floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damage. This chapter shall not create liability on the part of the incidental parcels which do not front a sandy beach, which have bulkheads and are not adjacent to Huntington Beach Zoning and Subdivision Ordinance Chapter 222 222-6 5/97 August 24,2004 recreation or public use areas and other existing or proposed lateral or vertical easements, or when development is proposed on an existing subdivided single-family residential lot between developed residential parcels. C. Director -- Responsibilities. The duties and responsibilities of the Director in enforcing the provisions of this chapter shall include, but not be limited to: 1. Reviewing building permits to determine that the permit requirements of this chapter have been satisfied, that all other required state and federal permits have been obtained, and that the site is reasonably safe from flooding. 2. Reviewing building permits to determine that the proposed development, when considered with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than 1 foot at any point. 3. Making interpretations where needed as to the exact location of the boundaries of areas of special flood hazard. 4. Obtaining and maintaining for public inspection flood insurance policy information concerning the certified elevation for residential developments and subdivisions, and the certification required for floor elevations, for developments located in areas where shallow flooding is likely to occur; for floodproofing of nonresidential developments; for coastal high hazard areas; for anchoring of manufactured homes; and for floodway encroachments. 5. Notifying adjacent communities and responsible staff and federal agencies prior to any alteration or relocation of a watercourse. The Director shall further ensure that the flood-carrying capacity is maintained for any watercourse, or portion thereof, which has been altered or relocated. 6. Taking action to remedy violations of this chapter as provided in Chapter 249. D. Building Permit Review. Application for building permit shall include: 1. Proposed elevations in relation to mean sea level, of the lowest floor of all structures; in-FP2, elevation of highest adjacent grade and proposed elevation of lowest floor of all structures; 2. Proposed elevations in relation to mean sea level and the FIRM design flood to which any structure will be floodproofed; and 3. A description of the extent to which any watercourse will be altered or relocated as a result of proposed development. 4. All appropriate certifications required in Section 222.14. Huntington Beach Zoning and Subdivision Ordinance Chapter 222 222-7 5/97 August 24,2004 222.12 Land Use Controls A. -FPl Subdistrict 1. Permitted Uses a. Flood control channels, levees, spreading grounds and basins, roads, bridges and storm drains. b. Agricultural uses which require no permanent structures, landfill, storage of materials or equipment, or stream alteration that would result in any increase in flood levels within the regulatory floodway. 2. Uses Requiring a Conditional Use Permit from the Zoning Administrator a. Minor Utilities. b. Temporary structures which can be readily removed in the time available after flood warning. c. Recreation areas, parks, campgrounds,playgrounds, riding and hiking trails, parking lots, wildlife and natural preserves, and similar open space uses that do not have substantial permanent structures. 23. Uses Requiring a Conditional Use Permit from the Planning Commission a. Major of miner utilities. 3 4. Prohibited Uses a. Landfills, excavations, improvements, developments, or encroachments that will obstruct waterflow, cause any cumulative increase in the elevation of the design flood water profile by more than one (1) foot at any point, tend to broaden direct flood flows out of the floodway, impair the design flood conveyance capability of the floodway, or otherwise create a potential hazard to life or property resulting from flood flows. b. All encroachments, including fill, new construction, substantial improvements, and other development unless a California-registered civil engineer demonstrates to the satisfaction of the Director that such encroachments will not result in any increase in flood levels within the floodway. c. Permanent structures. Huntington Beach Zoning and Subdivision Ordinance Chapter 222 222-8 5/97 August 24,2004 d. Storage of substances or materials capable of floating which could add to the debris load of a flood. e. Storage of chemicals, explosives, flammable liquids, toxic materials, or anything of a nature which could create a potential danger to the public health and welfare. B. -FP2 Subdistrict 1. Permitted Uses a. Excavation and removal of rock, sand gravel, and other materials, providing that the flood-carrying capacity of the watercourse is preserved and the excavation area is designed to receive and release floodwaters, and such excavations will not create a potential hazard to adjacent properties resulting from flood or erosion conditions. b. Landfills that do not cause floodwaters to be diverted onto adjacent properties, are protected against erosion from floodwaters, and do not increase the elevation of the design flood by more than one (1) foot at any point, or that can fully provide for the design flood by means of watercourse improvements. c. New structures and improvements permitted by the base district or allowed with a conditional use permit including manufactured homes, which comply with the applicable standards of construction of this chapter. 2. Prohibited Uses a. Landfills, excavations, improvements, developments, or encroachments that will obstruct waterflow, cause a cumulative increase in the elevation of the design floodwater profile by more than 1 foot at any point,tend to broaden or direct flood flows out of the natural floodplain, or otherwise cause a potential hazard to life or property resulting from flood flows. C. -FP3 Subdistrict All uses permitted or conditionally permitted in the base district with which the -FP3 district is combined are permitted subject to approval of a building permit and compliance with the standards of construction of this chapter, except for the following uses which are prohibited: 1. The placement of manufactured homes except in existing parks or subdivisions. Huntington Beach Zoning and Subdivision Ordinance Chapter 222 222-9 5/97 August 24, 2004 2. Man-made alteration of sand dunes which would increase potential flood damage. 3. Fill used for structural support of buildings. (3265-7/95,3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 222 222-10 5/97 August 24,2004 222.14 Development Standards and Standards of Construction Development standards for the -FP Overlay District shall be specified by a conditional use permit or shall be those of the base district with which the -FP district is combined, provided that the following standards of construction shall apply in the -FP2 and -FP3 subdistricts. A. -FP2 Standards of Construction. 1. Anchoring. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. All manufactured homes shall comply with the anchoring standards of Section 222.14A5. 2. Construction Materials and Methods. All new construction and substantial improvements shall use construction methods and practices that minimize flood damage, and shall utilize materials and utility equipment resistant to flood damage. Adequate drainage paths around structures on slopes shall be provided to guide flood waters around and away from proposed structures. 3. Elevation and Floodproofing. a. New residential construction and substantial improvement of any residential structure shall have the lowest floor including basement elevated one foot above the base flood elevation except: (3285-7/95,3334-6/97) 1. In an AO zone the lowest floor including basement shall be elevated one foot above the highest adjacent grade to a height exceeding the depth number on the FIRM by one foot or at least three (3) feet if no depth number is specified, and (3285-7/95,3334-6/97) 2. In an A zone, the lowest floor including basement shall be elevated one foot above the base flood elevation as determined by the City. (3285-7/95,3334-6/97) Upon completion of the structure, the elevation of the lowest floor including basement shall be certified by a California-registered architect, engineer, or surveyor. The elevation certificate shall be submitted to the Director. 1( 1/97) b. Nonresidential construction shall be either elevated to comply with subsection 3a or together with attendant utility and sanitary facilities be floodproofed below the level stated in subsection 3a so that the structure is watertight with walls substantially impermeable to the passage of water and be capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A floodproofing certificate shall be completed and certified by a California registered engineer or architect and submitted to the Director. Huntington Beach Zoning and Subdivision Ordinance Chapter 222 222-11 5/97 August 24,2004 c. Space Below the Lowest Floor. All new construction and substantial improvement with fully enclosed areas below the lowest floor(excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. All proposals for using space below the lowest floor shall exceed the following requirements: (1) Be certified by a California registered engineer or architect; or (2) Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration, Federal Emergency Management Agency, or (3285-7/95,3334-6/97) (3) Have a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers,valves or other coverings or devices provided they permit the automatic entry and exit of floodwaters. (3285-7/95) d. All preliminary development proposals shall identify the flood hazard area, the elevation of the base flood, and be consistent with the need to minimize flood damage. All developments shall provide adequate drainage to reduce exposure to flood hazards. e. All final subdivision plans shall provide the elevation of proposed structures and pads. The lowest floor and pads shall be certified by a California registered engineer or surveyor and submitted to the Director. (3285-7/95,3334-6/97) 4. Standards for Utilities and Mechanical Equipment. a. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters. b. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. c. All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. Huntington Beach Zoning and Subdivision Ordinance Chapter 222 222-12 5/97 August 24,2004 d. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed in a floodproof manner. 5. Standards for Manufactured Homes. a. All new and replacement manufactured homes and substantial improvements to manufactured homes on sites located (3285-7/95,3334-6/97) 1. outside of a manufactured home park or subdivision, (3285-7/95,3334-6/97) 2. in a new manufactured home park or subdivision, (3285-7/95,3334-6/97) 3. in an expansion to an existing manufactured home park or subdivision, or (3285-7/95,3334-6/97) 4. in an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred substantial damage as a result of a flood . (3285-7/95,3334-6/97) shall be elevated on a permanent foundation so that the lowest floor is elevated one foot above the base flood elevation. (3285-7/95,3334-6/97) b. All manufactured homes to be placed or substantially improved in an existing manufactured home park or subdivision shall be elevated to have the lowest floor one foot above the base flood elevation or the manufactured home chassis supported by reinforced piers or other foundation elements of equivalent strength that are a minimum of 3 feet above grade. Where a site upon which a manufactured home has incurred substantial damage as the result of a flood, subsection 5a shall apply. c. All manufactured homes shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. B. -FP3 Standards of Construction 1. Location of Buildings a. All new construction shall be located on the landward side of the reach of the mean high tide. (3285-7/95,3334-6/97) 2. Construction Methods: a. Elevation. All new construction and substantial improvement shall have the lowest floor free of obstructions or constructed with breakaway walls as defined in Section 222.06. Such enclosed space shall not be used for human Huntington Beach Zoning and Subdivision Ordinance Chapter 222 222-13 5/97 August 24,2004 habitation but may be used for parking, building access or storage.(3265-7/95, 3334-6/97) b. Structural Support. All new construction and substantial improvements shall be elevated on adequately anchored pilings or columns so that the bottom of the lowest horizontal portion of the structural member of the lowest floor (excluding the pilings or columns) is elevated at or above the base flood level. The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall comply with standards adopted by the City. (3255-7/95,3334-6/97) 3. Certification. A California-registered engineer or architect shall certify to the satisfaction of the Director that the proposed structure complies with the requirements of this section. The Director shall obtain and maintain records of the elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor(excluding pilings or columns) of all new and substantially improved structures, and whether such structures contain a basement. (3285-7/95,3334-6/97) C. Standards for Recreational Vehicles. All recreational vehicles placed on a site within a flood hazard zone shall be fully licensed and ready for highway use, restricted to a maximum stay on site of 180 days unless the elevation and anchoring of the recreational vehicle complies with the Standards for Manufactured Homes. All recreational vehicles placed in coastal high hazard areas (V and VE zones) shall also comply with-FP3 standards for construction. (3265-7/95,3334-6/97) 222.16 Variances/Appeals A. General Provisions. The Planning Commission shall hear and decide requests for variances from the standards of this chapter as well as requests for appeals when it is alleged there is an error in any requirement, decision, or determination made by the Director in the enforcement or administration of this chapter in accord with the procedures established in Chapter 241 and 248. 1. Variances may be issued for new construction and substantial improvements on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below base flood level, providing the standards listed in this chapter are considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variances increases. 2. Variances may be granted for new construction and substantial improvement and for other development necessary for the conduct of a functionally dependent Huntington Beach Zoning and Subdivision Ordinance Chapter 222 222-14 5/97 August 24,2004 use provided that the provisions of Chapter 222 are satisfied and that the structure or other development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety or public nuisance. 3. Variances may be issued for the repair or rehabilitation of historic structures which are listed on a local or state inventory, determined by the Secretary of the Interior to be historic, or listed on the National Register of Historic Places provided the proposed repair or rehabilitation is necessary to preserve the historic character and design of the structure and allow the continued designation as an historic structure. 4. Any applicant to whom a variance is granted shall be provided written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk. A copy of the notice shall be recorded by the Director in the office of the Orange County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. B. Factors to be Considered. In reviewing applications, the Planning Commission shall consider all relevant factors, including technical evaluations, this section, and other standards specified in this chapter. In reaching a decision on an appeal or variance, the Commission- shall consider the: (3255-7/95) 1. Danger that materials may be swept onto other lands to the injury of others; 2. Danger of life and property due to flooding or erosion damage; 3. Importance of the services provided to the community by the proposed facility; 4. Necessity of waterfront location for the facility, if applicable; 5. Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; 6. Compatibility of the proposed use with existing and anticipated developments; 7. Relationship of the proposed use to the General Plan, Local Coastal Program, and the floodplain management program for that area; 8. Safety of access to the property in time of flood for ordinary and emergency vehicles; Huntington Beach Zoning and Subdivision Ordinance Chapter 222 222-15 5/97 August 24,2004 9. Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and 10. Cost of providing government services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electric and water services, and streets and bridges. C. Findings. When granting a variance,the Planning Commission shall make the following findings in addition to the findings contained in Chapter 241. 1. The project provides the minimum deviation to afford relief from the provisions of Chapter 222. 2. The proposed project will not result in increased flood heights, additional threats to public safety or extraordinary public expense; create a nuisance, cause fraud or victimization of the public, or conflict with existing local laws or ordinances. D. Authority to Impose Additional Conditions. In addition to the authority to impose conditions under Section 241.14, the Planning Commission may attach conditions to the granting of variances as deemed necessary. E. Records. The Director shall maintain a record of all variance actions and findings to justify their issuance, and report such variances to FEMA and FIA upon request. (3285-7/95,3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 222 222-16 5/97 November 2,2004 LEGISLATIVE DRAFT (J� Chapter 231 Off-Street Parking and Loading Provisions 71 (3334-6/97,3378-2/98,3494-5/01,3526-2/02) Sections: 231.02 Basic Requirements for Off-Street Parking and Loading 231.04 Off-Street Parking and Loading Spaces Required 231.06 Joint Use Parking 231.08 Reduced Parking for Certain Uses 231.10 Parking In-Lieu Payments Within Downtown Specific Plan Area 231.12 Parking Spaces for the Handicapped 231.14 Parking Space Dimensions 231.16 Application of Dimensional Requirements 231.18 Design Standards 231.20 Compact Parking 231.22 Driveways; Visibility 231.24 Landscape Improvements 231.26 Parking Area Plan Required 231.28 Oceanside or On-Street Parking within the Coastal Zone 231.02 Basic Requirements for Off-Street Parking and Loading A. When Required. At the time of initial occupancy of a site, construction of a structure, or major alteration or enlargement of a site or structure, off-street parking facilities and off-street loading facilities shall be provided in accord with this chapter and parking area landscaping shall be provided in accord with Chapter 232. For the purposes of these requirements, "major alteration or enlargement" shall mean a change of use, an expansion of greater than 50 percent of the existing space in a non-residential building or an addition of bedrooms or units in a residential building. A change in occupancy that does not involve a change in the use classification is not considered a change in use for purposes of this requirement unless the change in occupancy involves an intensification of use or an increase in parking demand. (3334-6/97) B. Nonconforming Parking or Loading. No existing use of land or structure shall be deemed to be nonconforming solely because of the lack of off-street parking or loading facilities required by this chapter, provided that facilities being used for off-street parking and loading as of the date of adoption of this chapter shall not be reduced in number to less than that required by this chapter. Expansion of a use with nonconforming parking shall be subject to the following requirements: (3334-6/97) 1. A multi-family residential use with nonconforming parking may be expanded by adding bedrooms or additional units provided that the expansion complies with current standards contained in this chapter; (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-1 2/02 November 2,2004 2. A single-family residence with nonconforming parking may be expanded by adding bedrooms provided the dwelling complies with current standards contained in this chapter; and (3334-6/97) 3. A nonresidential use with nonconforming parking may be expanded less than 50 percent of the existing square footage or intensified if additional parking is provided for the expansion or intensification. Expansions of 50 percent or more of the existing square footage require the site to be in total compliance with the current parking standards contained in this chapter. (3334-6/97) C. Spaces Required for Alteration or Enlar ems. The number of parking spaces or loading spaces required for an alteration or enlargement of an existing use or structure, or for a change of occupancy, shall be in addition to the number of spaces existing prior to the alteration, enlargement, or change of occupancy unless the preexisting number is greater than the number prescribed in this chapter. In this case, the number of spaces in excess of the prescribed minimum shall be counted in determining the required number of parking or loading spaces. (3334-6/97) D. Spaces Required for Multiple Uses. If more than one use is located on a site, the number of off-street parking spaces and loading spaces to be provided shall be equal to the sum of the requirements prescribed for each use. This requirement applies not only to multiple uses under separate ownership but also to multiple uses in the same ownership. If the gross floor area of individual uses on the same site is less than that for which a loading space would be required by Section 231.06A, but the aggregate gross floor area of all uses is greater than the minimum for which loading spaces would be required, the aggregate gross floor area shall be used in determining the required number of loading spaces. (3334-6197) E. Location and Ownership. Parking facilities required by this chapter shall be on the same site as the use served, except that an adjacent lot may be used which is in the same person's possession as the structure or use. Such possession may be by deed or long- term lease, approved as to form by the City Attorney, and recorded in the Office of the County Recorder. A copy of the recorded document stipulating the reservation of the property for parking purposes shall be filed with the City prior to issuance of a building permit and/or certificate of occupancy, whichever occurs first. No use shall be continued if the parking is removed from the adjacent lot unless substitute parking is provided. Parking facilities provided by a parking district or parking authority are not subject to these locational requirements. (3334-6/97) 1. Parking in Yards in R Districts. The parking of motor vehicles,trailers, campers and boats shall be prohibited on all landscaped areas within the front one-half of the lot except as provided below. (3334-6/97) (a) Oversized vehicles (see Definitions Chapter 203), campers,trailers and boats on trailers may be parked on the paved driveway area or on a paved area between the driveway and the nearest side property line provided that they do not project over any property line and that the area is kept free of trash, debris and parts. (3334-6/97) (b) Commercial oversized vehicles (see Definitions Chapter 203) or special purpose machines shall be prohibited in any yard area. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-2 6/97 I November 2,2004 2. Parking in Yards in C or I Districts. Required yards may be used for required parking, subject to the landscaping standards of Chapter 232. (3334-6197) 3. Access. When a lot abuts an arterial highway and a local street, access to on-site parking shall be from the local street. When a lot abuts an alley, then access to parking shall be provided from the alley unless the Planning Commission approves a different access. When a lot abuts two arterial highways or two local streets, access shall be subject to the approval of the Director of Public Works. (3334-6/97) 4. Non-residential Parking in R Districts. Non-residential parking serving adjacent commercial or industrial uses shall not be located in any R zoned property. (3334-6/97) F. Computation of Spaces Required. If, in the application of the requirements of this chapter, a fractional number is obtained, one additional parking space or loading space shall be required. (3334-6/97) G. Other Requirements. 1. Any off-street parking or loading facility which is permitted but not required shall comply with all provisions of this chapter governing location, design, improvement and operation. (3334-6/97) 2. Any motor vehicle incapable of movement by its own power and/or not licensed to operate on California streets shall be stored either in an enclosed building or entirely screened from view. (3334-6/97) 231.04 Off-Street Parking and Loading Spaces Required A. Non-residential uses shall provide one loading space (minimum fourteen [14] feet in width, twenty [20] feet in length, and fourteen [14] feet in height) for each 20,000 square feet, or fraction thereof, of gross floor area; however, a maximum of three (3) such spaces are required for buildings exceeding 60,000 square feet. No loading space is required for non-residential uses with less than 20,000 square feet of gross floor area. (3334-6/97) B. Off-street parking spaces shall be provided in accord with the following schedule. References to spaces per square foot are to be computed on the basis of gross floor area, unless otherwise specified. (3334-6/97) Where the use is undetermined,the approving body shall determine the probable use and the number of parking and loading spaces required. In order to make this determination, the Director may require the submission of survey data prepared by a state-registered traffic engineer for the applicant or collected at the applicant's expense. Parking spaces over and above the minimum number specified in this section may be required by the body responsible for reviewing the use itself based on the intensity of the use. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-3 6/97 November 2,2004 C. The Director may allow a parking reduction for a change of use if the increase in the required parking is not more than five (5) spaces. The change of use request must be on a site with two or more uses, have minimum of 50 existing parking spaces and provide an upgrade of existing landscaping. This same reduction may be considered for uses complying with State Handicap Regulations as mandated by State Law and applicable to parking requirements. (3526-2/02) (rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-4 2102 November 2,2004 OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (3334-6/97) Use Classification Spaces Residential Single-family Dwellings New construction 0-4 bedrooms 2 enclosed and 2 open 5 or more bedrooms 3 enclosed per unit and 3 open per unit Existing Dwellings 0-4 bedrooms 2 enclosed and 2 open' 5 or more bedrooms 2 enclosed per unit and 3 open per unit' In the RMH-A district 2 enclosed spaces per unit with up to three bedrooms, and 1 space for each additional bedroom; 1 additional space per dwelling where no on-street parking is allowed Multi-family Dwellings Studio/one bedroom 1 enclosed space per unit 2 bedrooms 2 spaces (1 enclosed)per unit 3 or more bedrooms 2.5 spaces (1 enclosed)per unit Guests 0.5 space per unit 'Open spaces may be behind any required spaces and/or on a street adjacent to the property. On-street parking may not be reserved for residents and/or guests but must be available to the general public on a first-come, first-serve basis. (rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-5 6/97 November 2,2004 OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (continued)(3334-6197) Use Classification Off-Street Parking Spaces Senior Studio/one bedroom 1 covered space per unit Two bedrooms 1.5 spaces per unit (1 covered) Manufactured Homes 2 spaces per unit; one covered, and one may be behind the first Guest 1 per 3 manufactured homes Rooming House 1 space per guest room plus 1 space per owner/manager plus 1 space per each 10 guest rooms Residential Care, Limited 1 per 3 beds Public and Semi-public Clubs and Lodges 1 per 35 sq. ft. used for assembly purposes of 1 per 3 fixed seats (18 inches = one seat), whichever is greater Cultural Facilities 1 per 300 sq. ft. gross floor area Day Care, General 1 per staff member plus one per classroom Government Offices 1 per 250 sq. ft. gross floor area Heliports As specified by use permit Hospitals 1 per 1.5 beds Maintenance and Service Facilities 1 per 500 sq. ft. Park and Recreation Facilities As specified by conditional use permit for private facilities Public Safety Facilities As specified by the conditional use permit Religious Assembly 1 per 35 sq. ft. of public assembly area, or 1 per 3 fixed seats (18 inches= 1 seat), whichever is greater Residential Care, General 1 per 3 beds; plus additional spaces, as specified by conditional use permit Schools, Public or Private Preschools, nursery day care 1 per staff member, plus one per classroom Elementary,junior high 1.5 per classroom High school/college 7 per classroom Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-6 6/97 November 2,2004 OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (continued)(3334-6197) Use Classification Off-Street Parking Spaces Schools, Public or Private-cont. Trade schools, music 1 per 35 sq. ft. of instruction area conservatories Utilities, Major As specified by conditional use permit Commercial Ambulance Services 1 per 500 sq. ft.; plus 2 storage spaces Animal Sales and Services Animal boarding 1 per 200 sq. ft. Animal grooming 1 per 200 sq. ft. Animal hospitals 1 per 200 sq. ft. Animal, retail sales 1 per 200 sq. ft. Artists' Studios 1 per 1,000 sq. ft. Banks and Savings & Loans 1 per 200 sq. ft. Drive-Up Service Queue space for 5 cars per teller Building Materials and Services 1 per 1,000 sq. ft. of lot area; minimum 10 plus 1/300 sq. ft. office area Catering Services 1 per 400 sq. ft. Commercial Recreation and Entertainment Bowling Alleys 3 per lane, plus 1 per 250 sq. ft. of public assembly and retail areas Electronic Game Centers 1 per 200 sq. ft. Health Clubs 1 per 200 sq. ft. except that area designated for group instruction shall be parked at a ratio of 1 per 100 sq. ft. Stables 1 per 3 corrals plus 1 horse trailer space for each 10 corrals plus 2 for caretaker's unit Tennis/Racquetball 3 per court Theaters 1 per 3 fixed seats, or 1 per 35 sq. ft. seating area if there are no fixed seats Other Commercial As specified by the Zoning Administrator or Recreation and Entertainment Planning Commission Communications Facilities 1 per 500 sq. ft. Eating and Drinking Establishments with less than 12 seats 1 per 200 sq. ft. with more than 12 seats 1 per 60 sq. ft. or 1 per 100 sq. ft. when on a site with 3 or more uses Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-7 6/97 November 2,2004 OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (continued)(3334-6/97) Use Classification Off-Street Parking Spaces Eating and Drinking Establishments- cont with dancing Plus 1 per 50 sq. ft. of dancing area with drive through service Plus queue space for 5 cars per service window Food and Beverage Sales 1 per 200 sq. ft. Furniture and Appliance Stores 1 per 500 sq. ft. excluding areas used for storage or loading, but not less than 5 Funeral and Interment Services 1 per 35 sq. ft. of seating space Hardware Stores 1 per 200 sq. ft. excluding areas used for storage or loading, but not less than 5 Horticulture, Limited 1 per 2 acres Laboratories 1 per 500 sq. ft. Maintenance and Repair Services 1 per 500 sq. ft. Marine Sales and Services 1 per 500 sq. ft. Nurseries 1 per 1,000 sq. ft. of indoor/outdoor sales and/or display lot area accessible for public viewing, but no less than 10; plus 1 per 300 sq. ft. office area Offices, Business and Professional 1 per 250 sq. ft. for less than 250,000 sq. ft.; 1 per 300 sq. ft. for 250,000 sq. ft. or more Offices, Medical and Dental 1 per 175 sq. ft. (includes out-patient medical/surgery centers) Pawn Shops 1 per 200 sq. ft. Personal Enrichment Services 1 per 35 sq. ft. of instruction area; or Maximum 1 per 200 sq. ft. provided the number of students per classroom does not exceed required number of parking spaces, plus instruction area does not exceed 75 percent of floor area. Personal Services 1 per 200 sq. ft. Research and Development Services 1 per 500 sq. ft. Retail Sales Not Listed Under Another 1 per 200 sq. ft. Use Classification Sex Oriented Business (3378-2/98) Cabaret with less than 12 seats, 1 per 200 sq. ft.; with 12 seats or more, 1 per 60 sq. ft. or 1 per 100 sq. ft. if on a site with three or more uses (3378-2198) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-8 2/98 November 2,2004 OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (continued)(3334-6197) Use Classification Off-Street Parking Spaces Sex Oriented Business (cont.) Encounter center 1 per 35 sq. ft. of instruction area (3378-2/98) Escort bureau 1 per 250 sq. ft. (3378-2/98) Hotel/Motel 1.1 per guest room; plus 1 per passenger transport vehicle (minimum of 2 stalls) and 2 spaces for any manager's unit and parking for other uses as required by this schedule (3378-2/98) Mini-motion picture theater, 1 per 3 fixed seats, or 1 per 35 sq. ft. seating area motion picture theater or if there are no fixed seats (3378-2/98) motion picture arcade Retail sales 1 per 200 sq. ft. (3378- 2/98) Swap Meets, Indoor/Flea Markets 1/100 sq. ft. except as may be modified by the Planning Commission through the conditional use permit process, after submittal, review and approval of a traffic engineering study Vehicle/Equipment Sales and Services Automobile Rentals 1 per 1,000 sq. ft. of indoor/outdoor sales and/or display lot area accessible for public viewing, but no less than 10; plus 1/300 sq. ft. office area; 1/200 sq. ft. auto service area Automobile Washing (Car Wash) Full-service (attended) 10 With fuel sales 12 Self-service (unattended) 1.5 per wash stall Service Stations full-serve/repair garage 1 per 500 sq. ft. but no less than 5 self-serve 2 with convenience markets 1 per 200 sq. ft. of retail space but no less than 8 with self-serve car wash 4 with self-serve car wash 10 and convenience market Vehicle/Equipment Repair 1 per 200 sq. ft. but no less than 5 Vehicle/Equipment Sales 1 per 1,000 sq. ft. of indoor/outdoor sales and/or and Rentals display lot area accessible for public viewing, but no less than 10; plus 1 per 300 sq. ft. office area; 1 per 200 sq. ft. auto service area Vehicle Storage 1 per 5,000 sq. ft. lot area; no less than 5 Visitor Accommodations: Bed and Breakfast 1 per guest room plus 1 guest and 1 manager/owner space Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-9 2/98 November 2,2004 OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (continued) (3334-6/97) Use Classification Off-Street Parking Spaces Visitor Accommodations (cont.) Hotels, Motels 1.1 per guest room; plus 1 per passenger transport vehicle (minimum of 2 stalls) and 2 spaces for any manager's unit and parking for other uses as required by this schedule Single Room Occupancy, 1.0 per unit, 10% shall be designated as visitor Residential Hotels parking; 1 per passenger transport vehicle (minimum of 1 stall) one loading space, and 2 spaces for any manager's unit, plus 0.5 per all remaining personnel (3494-5/01) Warehouse and Sales Outlets 1 per 200 sq. ft. Industrial Speculative buildings 1 per 500 sq. ft. (maximum 10%office area) Manufacturing, research assembly, 1 per 500 sq. ft. packaging Wholesaling, warehousing and 1 per 1,000 sq. ft. distributing space Offices 1 per 250 sq. ft. if office area exceeds 10 percent of gross floor area Outside uses: Storage, wrecking/ 1 per 5,000 square feet of lot area, but no less salvage and lumber yards than 5 Mini-storage facilities Single-story 1 per 5,000 square feet Each additional story 1 per 2,000 square feet plus 2 spaces for any caretaker's unit 231.06 Joint Use Parking In the event that two (2) or more uses occupy the same building, lot or parcel of land, the total requirement for off-street parking shall be the sum of each individual use computed separately except as provided in this section. (3334-6/97) The Planning Commission or Zoning Administrator may grant a reduction in the total number of required spaces as part of the entitlement for the use or uses, or by conditional use permit when no other entitlement is required, when the applicant can demonstrate that the various uses have divergent needs in terms of daytime versus nighttime hours or weekday versus weekend hours. Such joint use approvals shall be subject to the following: (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-10 5/01 November 2,2004 1. The maximum distance between the building or use and the nearest point of the parking spaces or parking facility shall be 250 feet; and (3334-6/97) 2. There shall be no conflict in the operating hours based on parking space requirements for the different uses on the parcel; and (3334-6/97) 3. Evidence of an agreement for such joint use shall be provided by proper legal instrument, approved as to form by the City Attorney. The instrument shall be recorded in the Office of the County Recorder and shall be filed with the City prior to issuance of building permit and/or certificate of occupancy, whichever occurs first. (3334-6/97) 231.08 Reduced Parking for Certain Uses A. The Planning Commissie Zoning Administrator may approve a conditional use permit to reduce the number of parking spaces to less than the number required per Schedule "A" in Section 231.04, provided that the following findings are made: (3334- 6/97,3526-2/02) 1. The parking demand will be less than the requirement in Schedule A; and (3334- 6/97,3526-2/02) 2. The proposed use of the building or structure, will not generate additional parking demand; and (3334-6/97,3526-2/02) 3. A Transportation Demand Management plan which exceeds the minimum required by Section 230.36 has been approved by the Director. (3334-6/97) B. The Plafining Genffnissie Zoning Administrator may consider survey data prepared by a state-registered traffic engineer and submitted by an applicant or collected at the applicant's request and expense as a basis for approval of a reduction in required parking. (3334-6/97,3526-2/02) 231.10 Parking In-Lieu Payments Within Downtown Specific Plan Area Parking requirements for private property uses within the Downtown Specific Plan Area may be met by payment of an "in-lieu" fee for providing parking in a parking facility subject to conditional use permit approval by the Planning Commission. Said fee may be paid in multiple installments. The first installment in an amount established by City Council Resolution for each parking space shall be paid prior to the issuance of building permits or of a certificate of occupancy, whichever comes first. Any successive installments shall be paid and secured by a mechanism established in the conditions of approval. (3334-6/97) 231.12 Parking Spaces for the Handicapped New and existing parking facilities shall comply with the State Handicapped Regulations as mandated in State law. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-11 2102 November 2,2004 231.14 Parking Space Dimensions (3334-6/97) Required parking spaces shall have the following minimum dimensions in feet. Striping requirements are depicted in Diagram A. Directional signs and/or pavement markings shall be provided in any facility in which one-way traffic is established. (3334-6/97) Angle of Stall Stall Aisle Width' Parking Width Depth 1-way 2-way 00 9 19 (with 8 ft. Striped 12 20 (Parallel) maneuvering area between every 2 spaces) 300 9 19 14 20 450 9 19 15 20 600 9 19 20 20 900 9 19 26 26 Residential 9 19 25 25 Compact 8 17 subject to Section 231.20 'Minimum 24 feet when determined by Fire Department to be a fire lane. (rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-12 6/97 November 2,2004 300 ,450 & 60° Parking � 2 O- /� \ �9Al t i 78 Oi e4qs ots~z°p 900 Parking 24 In. Exterior i Dimension AL A � 19 Ft. j 18 In. Interior Dimension i Parallel Parking AL 9 ft. ham_ 19 ft. 19 ft. g ft� r.ADN9DRAWM1 STRP.BM STRIPING REQUIREMENTS DIAGRAM A Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-13 6/97 November 2,2004 231.16 Application of Dimensional Requirements A. Relation to Walls and Posts/Columns. A parking space on a site with more than five (5) parking spaces and which is adjacent to a wall over twelve (12) inches in height shall be increased in width by three (3) feet. Post/columns may be permitted along the side of each space only within three (3) feet of the head and foot of each stall. (3334-6/97) B. Vertical Clearance. Vertical clearance for parking spaces shall be 7 feet, except that an entrance may be 6.67 feet. When handicapped parking is provided, vertical clearance shall comply with California Code of Regulations (Title 24, Part 2, Chapter 2-71). (3334-6/97) For residential uses, non-structural improvements including wall-mounted shelves, storage surface racks, or cabinets may encroach into the vertical clearance, provided a minimum 4.5 feet vertical clearance is maintained above the finished floor of the garage within the front 5 feet of a parking space. (3334-6/97) C. Wheel Stops. All spaces shall have wheel stops 2.5 feet from a fence, wall, building or walkway. (3334-6/97) D. Parking Space Dimension Reduction. When a parking space abuts a landscape planter, the front 2 feet of the required 19 foot length for a parking space may overhang the planter as provided in Chapter 232. (3334-6/97) 231.18 Design Standards A. Public Works Requirements. Drive entrances on arterial highways shall be located in a manner to coordinate with future median openings and in accord with Department of Public Works standards. The paved surface of driveways and drive entrances shall comply with Department of Public Works specifications. Parking facilities shall be prepared, graded, and paved to ensure that all surface waters will drain into a public street, alley, storm drain, or other drainage system approved by the Department of Public Works. Aisle ways without adjacent parking shall be a minimum 24 feet in width. (3334-6/97) B. Circulation Design. All off-street parking spaces shall have access to a public street or alley, and shall have internal circulation, safe entrances and exits, drives, and aisles in conformance with City standards. Every required parking space shall have unobstructed access from an aisle without moving another vehicle. All parking spaces, except residential garages and carports for single-family dwellings and duplexes, shall have forward travel to and from parking facilities when access is to a dedicated street. Traffic circulation shall be designed so that no vehicle need enter a public street in order to progress from one aisle to any other aisle within the same development. (3334- 6/97) Commercial centers which have 200 parking spaces or more shall have at least one main entrance designed as depicted in Diagram B. (3334-6/97) (rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-14 6/97 November 2,2004 i I I I I I I 100, I I 4ft. I I 24ft 24ft. 4ft. ' G:I MORAWI WENTBM COMMERCIAL CENTER MAIN ENTRANCE FOR PARKING LOTS WITH OVER 200 SPACES DIAGRAM B A minimum 3-foot-by-3-foot-wide maneuvering area shall be provided at the end of dead-end parking aisles less than 150 feet in length. A vehicle turnaround space shall be provided at the end of all dead-end parking aisles which exceed 150 feet in length (measured from the closest intersecting aisle with complete circulation). The maneuvering area and turnaround space shall be designed as depicted in Diagram C. Other turnaround arrangements providing the same maneuverability are subject to approval by the Director. 2 ft. Wheel I Maneuvering �� 19 ft. i�, stop area I 9 ft. L 26 ft. I 3ft aft. 12"Step off area _UV9DPAVA23I MD.BMP TURN-AROUND SPACE AND MANEUVERING AREA DIAGRAM C Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-15 6/97 November 2,2004 C. Illumination. All parking area lighting shall be energy-efficient and designed so as not to produce glare on adjacent residential properties. Security lighting shall be provided in areas accessible to the public during nighttime hours, and such lighting shall be on a time-clock or photo-sensor system. (3334-6/97) D. Residential parking. (3334-6/97) 1. Garages and Carports. All required garages and carports, permitted as accessory structures, shall be constructed at the same time as the main building and shall be used only by persons residing on the premises for storage of personal vehicles and other personal property. (3334-6/97) 2. Assignment of Spaces. Each studio and one bedroom dwelling unit shall have a minimum of one assigned parking space and each two or more bedroom units shall have a minimum of two assigned parking spaces. Each dwelling unit shall have an enclosed, assigned space which shall be within 200 feet walking distance of that unit and designated as such. The assigned spaces shall be provided with the rental of a dwelling unit without any additional cost. All unassigned spaces provided on site shall be open and only used for the parking of vehicles by persons residing on the property or their guests. (3334-6/97) 3. Turning Radius. The minimum turning radius for any garage, carport or open parking space, entered directly from an alley or driveway, shall be 25 feet. (See Diagram D) (3334-6/97) STREET GA AGE ---- - - - --- - - - - -AtLEY- RDRIVWAY STREET STREET GAD IV9DRAVM31-TU RN.BMP TURNING RADIUS DIAGRAM D Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-16 6197 November 2,2004 4. Driveway Width. (3334-6/97) Length of Drive Minimum Driveway Width 150 feet or less 10 ft. for single family dwellings 20 ft. for multi-family dwellings -Greater than 150 feet 20 feet clear width Exception: when designated as fire lane, all Fire Department requirements shall apply. 5. Guest Parking. All guest parking shall be fully accessible. (3334-6/97) 6. Coastal Zone. Each dwelling unit located in the Coastal Zone shall have a minimum of 2 on-site parking spaces. If the total coastal parking requirements exceed the total minimum parking as required by this chapter, the additional required parking spaces may be in tandem with enclosed spaces, provided the tandem space is assigned to an enclosed space and complies with the required turning radius. (3334-6/97) 7. Planned Residential Developments. In a planned residential development where a garage is constructed a minimum of 20 feet from the curb, the driveway in front of the garage may be used to provide one of the required uncovered spaces. (3334-6/97) 8. Privacy gates may be installed without a conditional use permit provided there is compliance with the following criteria prior to the issuance of building permits: (3526-2/02) 1) Fire Department approval for location and emergency entry. (3526-2/02) 2) Postmaster approval of location for mail boxes or entry for postal carrier. (3526-2/02) 3) Shall provide a driveway within a minimum of twenty (20) feet for vehicle stacking. (3526-2/02) 9. Driveway Air Space. The air space above all driveways which exceed 150 feet in length shall remain open to the sky, except that eaves or roof overhangs with a maximum 4-foot projection may be permitted above a height of 14 feet. (3334-6/97, 3526-2/02) 10. Storage Space. 100 cubic feet of enclosed storage space for each unit shall be provided in a secured parking area where there is no private garage. (3334-6/97,3526- 2/02) 11. Accessory Dwelling. One additional off-street parking space shall be required for an accessory dwelling, except that in the coastal zone there shall be a minimum of four(4) parking spaces on-site.(3334-6/97,3526-2/02) E. Non-residential Parking and Loading. (3334-6/97) 1. Designated Parking. Parking spaces within an integrated, non-residential complex shall not be designated for exclusive use of any individual tenant except as authorized by a parking management plan approved by the Director. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-17 2/02 November 2,2004 2. Parking Controls. Parking controls, such as valet service, or booths, and/or collection of fees may be permitted when authorized by conditional use permit approval by the Planning Genmnissie Zoning Administrator. Privacy gates may be installed without a conditional use permit provided there is compliance with the following criteria prior to the issuance of building permits: (3334-6/97,3526- 2102) 41)Fire Department approval for location and emergency entry. (3526-2/02) -52)Postmaster approval of location for mail boxes or entry for postal carrier. (3526-2/02) 63)Shall provide a driveway with a minimum of twenty(20) feet for vehicle stacking. (3526-2/02) 3. Minimum Driveway Widt . 25 feet when providing access to the rear of a structure. (3334-6/97) 4. Reciprocal Access. Reciprocal ingress/egress access with adjacent properties shall be provided for all commercial properties. (3334-6/97) 5. Loading Location. On a site adjoining an alley, a required loading space shall be accessible from the alley unless alternative access is approved by the Director. An occupied loading space shall not prevent access to a required parking space. Truck or rail loading, dock facilities, and doors for such facilities shall not face or be located within 45 feet of property zoned or general planned residential. (3334- 6197) 6. Loading Design. Any loading facility shall be designed and located so that vehicles need not extend onto the public sidewalks, streets or alleys during loading activities. (3334-6/97) 7. Landscape Buffer. Where the side or rear yard of a parcel is used for loading activities and abuts an R District, a landscaped buffer along the property line shall be provided. (3334-6/97) F. Seasonal and Temporary Parking Lots. Seasonal and temporary parking lots may be allowed upon approval of a conditional use permit by the Zoning Administrator. Seasonal lots may operate only from Memorial Day through the third weekend in September and shall be located within 1,000 yards of the mean high tide line of the Pacific Ocean. Temporary and seasonal commercial parking lots may be permitted for a maximum of five years. The design and layout of seasonal and temporary parking lots shall comply with this chapter, Fire Department requirements, and the following standards: (3334-6/97) 1. Paving shall be 2 inches of asphalt over compacted native soil, or as approved by the Department; except seasonal parking lots shall be surfaced to meet minimum specifications for support of vehicles and to provide dust control as required by the Zoning Administrator. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-18 2/02 November 2,2004 2. Boundaries of such lots shall be marked off and secured by chain or cable, with posts a minimum of 3 feet in height, solidly built. At a minimum, posts shall consist of 4" x 4" wood or equivalent metal posts a minimum of 1-1/2 inches in diameter securely set in the ground and placed 8 feet on center. The posts shall be connected with at least 1 strand of 1/2-inch cable or chain securely fastened to each post. An opening shall be provided to accommodate vehicle access during business hours. Seasonal lots shall be secured to prevent overnight parking between the closing hour on one business day and the opening hour the following business day. (3334-6/97) 3. Temporary parking lots shall have landscaped planters with an inside dimension of 3 feet along street-side property lines excluding driveways. Landscaping shall be protected from vehicle and pedestrian damage by wheel bumpers (asphalt, concrete, or wood), or asphalt or concrete curbs, or any other design that will provide adequate protection. (3334-6/97) 4. Seasonal parking lots are exempt from landscaping requirements of Chapter 232. (3334-6/97) 5. Directional and informational signs shall be displayed on-site to identify the entrance(s), fees, and hours of operation. Such signs shall be located at the entrance of the parking lot and shall not exceed 12 square feet and shall be 6 feet high. Signs for seasonal parking lots shall be removed from the site each season no later than the third weekend in September. (3334-6/97) 6. Automatic entry devices or fee collection points shall be set back a minimum of 20 feet from the public right-of-way, or at a distance recommended by the Department of Public Works and approved by the Director. (3334-6/97) 7. An attendant shall be on duty at all times during business hours of seasonal parking lots. (3334-6/97) 8. An approved fire extinguisher shall be provided on the premises during business hours. (3334-6/97) 9. The site shall be maintained in a clean condition, free from trash and debris. Trash containers shall be placed on the site to accommodate and store all trash that accumulates on the lot. (3334-6/97) For seasonal parking lots, a certificate of insurance for combined single limit bodily injury and/or property damage including products liability in the amount of$1,000,000 per occurrence shall be filed with the Department of Administrative Services. A hold harmless agreement holding the City harmless shall also be filed with the Department of Administrative Services. (3334-6/97) Subsequent to approval of an application for any seasonal or temporary parking lot, the applicant shall meet all standards and requirements and install all improvements. The parking lot shall then be inspected and approved by the Director prior to issuance of a Certificate to Operate. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-19 6/97 November 2,2004 G. Parking Structures. Parking structures above or below grade shall be subject to conditional use permit approval by the Planning Commission when no other entitlement is required. In addition, parking structures proposed within the coastal zone shall be subject to approval of a coastal development permit. All parking structures shall comply with the following requirements:(3334-6/97) 1. Transition ramps which are also used as back-up space for parking stalls shall have a maximum slope of 5 percent. The maximum slope for transition ramps with no adjacent parking spaces shall be 10 percent. A ramp used for ingress and egress to a public street shall have a transition section at least 16 feet long and a maximum slope of 5 percent. (3334-6/97) 2. Parking structures with over 300 spaces shall provide secondary circulation ramps and additional ingress and egress if deemed necessary by a traffic study prepared by a state-registered traffic engineer. (3334-6/97) 3. Parking structures shall be provided with a minimum 10-foot-wide perimeter landscape planter at ground level. Parked cars shall be screened on each level through landscape planters or trellises and/or decorative screening wall or railings. The Design Review Board shall approve the landscaping plan. (3334-6/97) 4. All parking structures shall be architecturally compatible with existing or proposed structures and shall be subject to review and approval by the Design Review Board prior to hearing. The Design Review Board shall consider the following factors in reviewing a proposal: bulk, scale, proportion, building materials, colors, signage, architectural features, and landscaping. (3334-6/97) 5. All parking structures proposed for conversion to a fee parking arrangement shall be subject to conditional use permit approval by the Planning Commission. Public parking structures within the coastal zone proposed for conversion to a fee parking arrangement shall be subject to approval of a coastal development permit. (3334-6/97) 231.20 Bicycle Parking ring-(&i34-&974 1. Bicycle Parking Requirements: a. Non-Residential Uses: 1) Buildings up to 50,000 square feet of gross building area: One bicycle space for every twenty-five (25) automobile parking spaces required; minimum of three (3). 2) Buildings over 50,000 square feet of gross building area: The Director shall determine the number of bicycle spaces based upon the type of use(s) and number of employees. b. Multiple-Family Residential Uses: One bicycle space for every four units. 2. Facility design standards: Bicycle parking facilities shall include provision for locking of bicycles, either in lockers or in secure racks in which the bicycle frame and wheels November 2,2004 may be locked by the user. Bicycle spaces shall be conveniently located on the lot, close to the building entrance as possible for patrons and employees, and protected from damage by automobiles. is the review body, may allow use of eefnpac4 par-king to satisfy a peffion of the require-, eir-ettlatien paRefa and par-king layout and enhanee the general appear-anee of the pafkif- I I a-ve the same aisle width as fiall size spaees. Compaet spaees shall be lie "GOMDACT-2 en the feet of the stall. The er-pefmit4ed shall be subjeet to the following standar-ds--(&3a4-&9-74 (tea&97) guest par-king spaees as eempaet provided that an equitable system of assigfunent and di-strilttiea has been established (&334-&/ Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-20 6/97 231.22 Driveways; Visibility Visibility of a driveway crossing a street or alley property line or of intersecting driveways shall be consistent with the requirements of Section 230.88. (3334-6/97) 231.24 Landscape Improvements Landscape, planting and irrigation plans shall be prepared consistent with the requirements of Chapter 232. (3334-6/97) 231.26 Parking Area Plan Required Prior to the construction, reconstruction, or restriping of an off-street parking area, a parking area plan shall be submitted to the Director for the purpose of indicating compliance with the provisions of this section. This plan shall include: (3334-6/97) A. Location and description of fencing and architectural screen walls. (3334-6/97) B. Location and placement of parking stalls, including bumpers, striping and circulation, all dimensioned to permit comparison with approved parking standards. (3334-6/97) C. Location and placement of lights provided to illuminate the parking area. (3334-6/97) D. A drainage plan showing drainage to a public way in accordance with accepted standards or practices. (3334-6/97) November 2,2004 E. A landscape, planting and irrigation plan prepared consistent with the requirements of Chapter 232. (3334-6/97) F. Existing off-street parking areas that were approved at a reduced dimension (e.g. width, length, aisle width) may be reconstructed and re- striped or only re-striped at their previous reduced dimension. G. When re-striping, parking stalls shall be as depicted in Section 231.14, Diagram A. H. If a.parking area is proposed to only be re-striped; no landscape, drainage, or lighting plan is required. Single-family dwellings on pre-existing lots are exempt from this requirement. (3334-6/97) 231.28 Oceanside or On-Street Parking within the Coastal Zone If any existing oceanside or on-street parking within the coastal zone is removed, it shall be replaced on a one for one basis in an area that would not result in the loss of any sandy beach area and within walking distance of the existing site. Replacement parking shall be assured prior to the issuance of the coastal development permit and shall be provided before any existing parking is removed so that there will be no reduction in the number of parking spaces available.(3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 231. 231-21 6/97 following factors in reviewing a proposal: bulk, scale, proportion, building materials, colors, signage, architectural features, and landscaping. 5. All parking structures proposed for conversion to a fee parking arrangement shall be subject to conditional use permit approval by the Planning Commission. Public parking structures within the coastal zone proposed for conversion to a fee parking arrangement shall be subject to approval of a coastal development permit. 2 .20 Compact Parking The oning Administrator or Director may allow use of compactparking to satisfy a portion of the quired parking upon finding that compact parking will yesult in a more effective and efficien irculation pattern and parking layout and enhance the general appearance of the developm t and its surroundings. Compact spaces shall be/distributed throughout the parking are and have the same aisle width as full-size sp�ces. Compact spaces shall be marked "CO ACT" on the foot of the stall. The number permitted shall be subject to the- following Stan al-ds: A. Non-residentia evelopments with a minimum/of20 spaces shall be permitted to have 20 percent of the tot paces as compact parkingf B. Residential develop ents with a mmimur f 50 units may have 20 percent of the non- guest parking spaces as compact provided that an equitable system of assignment and_ . distribution has been established. 231.22 Driveways; Visibility Visibility of a driveway crossing\a5treet or alley property line or of intersecting driveways shall be consistent with the require ents of Section 230.88. 231.24 Landscape/prove ents Landscape, planting and i igation plans s all be prepared consistent with the requirements of Chapter 232. 231.26 Par ng Area Plan Required Prior to the construction, reconstruction, or restripi of an off-street parking area, a parking area plan shall be submitted to the Director for the p\en dicating compliance with the provisions of thivsection. This plan shall include: A. Location/and description of fencing and architen walls. B. Locat'On and placement of parking stalls, inclu , striping and circulation, all dimensioned to permit comparison with appin tandards. C. Location and placement of lights provided to ile park g area. D. A/ rainage plan showing drainage to a public waance with ccepted standards pf practices. 6 E. A landscape, planting and irrigation plan prepared consistent with the requirements of Chapter 232. ord/04zoning/chap 231/8/23/04 18 August 24,2004 LEGISLATIVE DRAFT ��-C� • 3 7 Chapter 231 Off-Street Parking and Loading Provision (3334-6/97,3378-2/98,3494-5/01, 3526-2/02) Sections: 231.02 Basic Requirements for Off-Street Parkin and Loading 231.04 Off-Street Parking and Loading Spaces equired 231.06 Joint Use Parking 231.08 Reduced Parking for Certain Uses 231.10 Parking In-Lieu Payments Within owntown Specific Plan Area 231.12 Parking Spaces for the Handica ed 231.14 Parking Space Dimensions 231.16 Application of Dimensional equirements 231.18 Design Standards 231.20 Compact Parking 231.22 Driveways; Visibility 231.24 Landscape Improvem is 231.26 Parking Area Plan R quired 231.28 Oceanside or On-S eet Parking within the Coastal Zone 231.02 Basic Requirement for Off-Street Parking and Loading A. When Required. At the time f initial occupancy of a site, construction of a structure, or major alteration or enlar ment of a site or structure, off-street parking facilities and off-street loading facilities hall be provided in accord with this chapter and parking area landscaping shall be rovided in accord with Chapter 232. For the purposes of these requirements, "in 'or alteration or enlargement" shall mean a change of use, an expansion of greater t 50 percent of the existing space in a non-residential building or an addition of bedr oms or units in a residential building. A change in occupancy that does not involv a change in the use classification is not considered a change in use for purposes of this equirement unless the change in occupancy involves an intensification of e or an increase in parking demand. (3334-6/97) B. Nonconformina arking or Loading. No existing use of land or structure shall be deemed to be Onconforming solely because of the lack of off-street parking or loading facilities requir d by this chapter, provided that facilities being used for off-street parking and to ding as of the date of adoption of this chapter shall not be reduced in numb/ee than that required by this chapter. Expansion of a use with noncg parking shall be subject to the following requirements: (3334-6/97) 1. family residential use with nonconforming parking may be expanded by edrooms or additional units provided that the expansion complies with tandards contained in this chapter; (3334-6/97) Huntington Beach Zubdivision Ordinance Chapter 231 231-1 2/02 August 24,2004 2. A single-family residence with nonconforming parking may be expanded by adding bedrooms provided the dwelling complies with current standards contained in this chapter; and (3334-6/97) 3. A nonresidential use with nonconforming parking may be expanded less than 50 percent of the existing square footage or intensified if additional-parking is provided for the expansion or intensification. Expansions of,50 percent or more of the existing square footage require the site to be in total,compliance with the current parking standards contained in this chapter. (3334,6i97) C. Spaces Required for Alteration or Enlargement. The number of parking spaces or loading spaces required for an alteration or enlargement f an existing use or structure, or for a change of occupancy, shall be in addition to t number of spaces existing prior to the alteration, enlargement, or change of occupan unless the preexisting number is greater than the number prescribed in this chapter n this case, the number of spaces in excess of the prescribed minimum shall be coun d in determining the required number of parking or loading spaces. (3334-6/97) D. Spaces Required for Multiple Uses. If mo than one use is located on a site, the number of off-street parking spaces and 1 ading spaces to be provided shall be equal to the sum of the requirements prescribed or each use. This requirement applies not only to multiple uses under separate owner ip but also to multiple uses in the same ownership. If the gross floor area o individual uses on the same site is less than that for which a loading space would b required by Section 231.06A, but the aggregate gross floor area of all uses is gre er than the minimum for which loading spaces would be required, the aggregate gros floor area shall be used in determining the required number of loading spaces. (33 a-6197) E. Location and Ownership. arking facilities required by this chapter shall be on the same site as the use sery , except that an adjacent lot may be used which is in the same person's possession as t e structure or use. Such possession may be by deed or long- term lease, approved to form by the City Attorney, and recorded in the Office of the County Recorder. A opy of the recorded document stipulating the reservation of the property for parkin purposes shall be filed with the City prior to issuance of a building permit and/or cert' icate of occupancy, whichever occurs first. No use shall be continued if the rking is removed from the adjacent lot unless substitute parking is provided. Parki g facilities provided by a parking district or parking authority are not subject to thes locational requirements. (3334-6/97) 1. Parkin in Yards in R Districts. The parking of motor vehicles,trailers, campers and b is shall be prohibited on all landscaped areas within the front one-half of the 1 except as provided below. (3334-6/97) (a) Oversized vehicles (see Definitions Chapter 203), campers, trailers and boats on trailers may be parked on the paved driveway area or on a paved area between the driveway and the nearest side property line provided that they do not project over any property line and that the area is kept free of trash, debris and parts. (3334-6/97) (b) Commercial oversized vehicles (see Definitions Chapter 203) or special purpose machines shall be prohibited in any yard area. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-2 6/97 August 24,2004 2. Parking in Yards in C or I Districts. Required yards may be used f required parking, subject to the landscaping standards of Chapter 232. (33 -6/97) 3. Access. When a lot abuts an arterial highway and a local str et, access to on-site parking shall be from the local street. When a lot abuts an ley,then access to parking shall be provided from the alley unless the Pla ng Commission approves a different access. When a lot abuts two arte al highways or two local streets, access shall be subject to the approval of th irector of Public Works. (3334-6/97) 4. Non-residential Parking in R Districts. Non-r idential parking serving adjacent commercial or industrial uses shall not be to ated in any R zoned property. (3334-6/97) F. Computation of Spaces Required. If, in the a lication of the requirements of this chapter, a fractional number is obtained, on additional parking space or loading space shall be required. (3334-6/97) G. Other Requirements. 1. Any off-street parking or load' g facility which is permitted but not required shall comply with all provisions o this chapter governing location, design, improvement and operatio . (3334-6/97) 2. Any motor vehicle inca ble of movement by its own power and/or not licensed to operate on Californi streets shall be stored either in an enclosed building or entirely screened fro view. (3334-6/97) 231.04 Off-Street rking and Loading Spaces Required A. Non-residential uses all provide one loading space (minimum fourteen [14] feet in width,twenty [20] f et in length, and fourteen [14] feet in height) for each 20,000 square feet, or frac on thereof, of gross floor area; however, a maximum of three (3) such spaces are re uired for buildings exceeding 60,000 square feet. No loading space is required for no -residential uses with less than 20,000 square feet of gross floor area. (3334-6/97) B. Off-street par ng spaces shall be provided in accord.with the following schedule. References t spaces per square foot are to be computed on the basis of gross floor area, unless othe ise specified. (3334-6/97) Where the se is undetermined, the approving body shall determine the probable use and the n ber of parking and loading spaces required. In order to make this determin tion, the Director may require the submission of survey data prepared by a state-re stered traffic engineer for the applicant or collected at the applicant's expense. Parkin spaces over and above the minimum number specified in this section may be require by the body responsible for reviewing the use itself based on the intensity of the use. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-3 6/97 August 24,2004 C. The Director may allow a parking reduction for a change of use if the i rease in the required parking is not more than five (5) spaces. The change of use quest must be on a site with two or more uses, have minimum of 50 existing parking sp ces and provide an upgrade of existing landscaping. This same reduction may be con dered for uses complying with State Handicap Regulations as mandated by Sta Law and applicable to parking requirements. (3526-2/02) (rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter231 231-4 2/02 August 24,2004 OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A 334-6/97) Use Classification Spaces Residential Single-family Dwellings New construction 0-4 bedrooms 2 enclosed and open 5 or more bedrooms 3 enclosed p unit and 3 open per unit Existing Dwellings 0-4 bedrooms 2 enclo d and 2 open' 5 or more bedrooms 2 encl sed per unit and 3 open per unit' In the RMH-A district 2 closed spaces per unit with up to three b drooms, and 1 space for each additional edroom; 1 additional space per dwelling where no on-street parking is allowed Multi-family Dwellings Studio/one bedroom 1 enclosed space per unit 2 bedrooms 2 spaces (1 enclosed)per unit 3 or more bedrooms 2.5 spaces (1 enclosed) per unit Guests 0.5 space per unit 'Open spaces maybe behind an required spaces and/or on a street adjacent to the property. On-street parking may not be r served for residents and/or guests but must be available to the general public on a first-come first-serve basis. (rest of page not used) Huntington Beach Zoning a d Subdivision Ordinance Chapter 231 231-5 6/97 August 24,2004 OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (continued)(3334-6/97) Use Classification Off-Street Parking Spaces Senior Studio/one bedroom 1 covered space per unit Two bedrooms 1.5 spaces per unit (1 vered) Manufactured Homes 2 spaces per unit; o covered, and one may be behind the first Guest 1 per 3 manufac red homes Rooming House 1 space per g st room plus 1 space per wner/manager plus 1 space p each 10 guest rooms Residential Care, Limited 1 per 3 eds Public and Semi-public Clubs and Lodges 1 er 35 sq. ft. used for assembly purposes of 1 er 3 fixed seats (18 inches=one seat), whichever is greater Cultural Facilities 1 per 300 sq. ft. gross floor area Day Care, General 1 per staff member plus one per classroom Government Offices 1 per 250 sq. ft. gross floor area Heliports As specified by use permit Hospitals 1 per 1.5 beds Maintenance and Service F cilities 1 per 500 sq.,ft. Park and Recreation Fac' ities As specified by conditional use permit for private facilities Public Safety Faciliti As specified by the conditional use permit Religious Assembly 1 per 35 sq. ft. of public assembly area, or 1 per 3 fixed seats (18 inches = 1 seat), whichever is greater Residential Care General 1 per 3 beds; plus additional spaces, as specified by conditional use permit Schools, Publ' or Private Pre chools, nursery day care 1 per staff member, plus one per classroom El entary,junior high 1.5 per classroom Hi h school/college 7 per classroom Huntington Beach Zon band Subdivision Ordinance Chapter 231 231-6 6/97 August 24,2004 OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A ( ntinued)(3334-6/97) Use Classification Off-Street Parking Space Schools, Public or Private-cont. Trade schools, music 1 per/ft.; ction area conservatories Utilities, Major As spon, use permit Commercial Ambulance Services 1 per storage spaces Animal Sales and Services Animal boarding 1 per Animal grooming 1 pe 200 sq. ft. Animal hospitals 1 er 200 sq. ft. Animal, retail sales per 200 sq. ft. Artists' Studios 1 per 1,000 sq. ft. Banks and Savings & Loans 1 per 200 sq. ft. Drive-Up Service Queue space for 5 cars per teller Building Materials and Services 1 per 1,000 sq. ft. of lot area; minimum 10 plus 1/300 sq. ft. office area Catering Services 1 per 400 sq. ft. Commercial Recreation a d Entertainment Bowling Alle s 3 per lane, plus 1 per 250 sq. ft. of public assembly and retail areas Electronic ame Centers 1 per 200 sq. ft. Health Cl s 1 per 200 sq. ft. except that area designated for group instruction shall be parked at a ratio of 1 per 100 sq. ft. Stables 1 per 3 corrals plus 1 horse trailer space for each 10 corrals plus 2 for caretaker's unit Tenni /Racquetball 3 per court Theat rs 1 per 3 fixed seats, or 1 per 35 sq. ft. seating area if there are no fixed seats Oth Commercial As specified by the Zoning Administrator or Rec eation and Entertainment Planning Commission Communica ons Facilities 1 per 500 sq. ft. Eating and rinking Establishments th less than 12 seats 1 per 200 sq. ft. ith more than 12 seats 1 per 60 sq. ft. or 1 per 100 sq. ft. when on a site with 3 or more uses Huntington Beach Zo ing and Subdivision Ordinance Chapter 231 231-7 6/97 August 24,2004 i OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (continued)(3334-6/97) Use Classification Off-Street Parking S aces Eating and Drinking Establishments- cont with dancing Plus 1 per 50 zcefor f dancing area with drive through service Plus queue s 5 cars per service window Food and Beverage Sales 1 per 200 sq. ft. Furniture and Appliance Stores 1 per 500/4 ft. excluding areas used for storage or loading but not less than 5 Funeral and Interment Services 1 per 5 sq. ft. of seating space Hardware Stores 1 per 200 sq. ft. excluding areas used for storage or ading,but not less than 5 Horticulture, Limited 1 per 2 acres Laboratories 1 per 500 sq. ft. Maintenance and Repair Services 1 per 500 sq. ft. Marine Sales and Services 1 per 500 sq. ft. Nurseries 1 per 1,000 sq. ft. of indoor/outdoor sales and/or display lot area accessible for public viewing, but no less than 10;plus 1 per 300 sq. ft. office area Offices, Business and P ofessional 1 per 250 sq. ft. for less than 250,000 sq. ft.; 1 per 300 sq. ft. for 250,000 sq. ft. or more Offices, Medical an Dental I per 175 sq. ft. (includes out-patient medical/surgery centers) Pawn Shops 1 per 200 sq. ft. Personal Enric ent Services 1 per 35 sq. ft. of instruction area; or Maximum 1 per 200 sq. ft. provided the number of students per classroom does not exceed required number of parking spaces, plus instruction area does not exceed 75 percent of floor area. Personal S rvices 1 per 200 sq. ft. Research d Development Services 1 per 500 sq. ft. Retail S les Not Listed Under Another 1 per 200 sq. ft. Use Cl sification Sex Orien d Business (3378-2/98) Cabaret with less than 12 seats, 1 per 200 sq. ft.; with 12 seats or more, 1 per 60 sq. ft. or 1 per 100 sq. ft. if on a site with three or more uses (3378-2/98) Huntington Beach Zoning and Subdivision Ordinance Chapter231 231-8 2/98 August 24,2004 OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (continued.r(3334-6/97) Use Classification Off-Street Parking Spaces Sex Oriented Business (cont.) Encounter center 1 per 35 sq. ft. of instructio area (3378-2/98) Escort bureau 1 per 250 sq. ft. (3378-2/98) Hotel/Motel 1.1 per guest room; plus per passenger transport vehicle (minimum of 2 alls) and 2 spaces for any manager's unit an parking for other uses as required by this sch ule (3378-2/98) Mini-motion picture theater, 1 per 3 fixed seats or 1 per 35 sq. ft. seating area motion picture theater or if there are no f ed seats (3378-2/98) motion picture arcade Retail sales 1 per 200 s ft. (3378- 2/98) Swap Meets, Indoor/Flea Markets 1/100 q. ft. except as maybe modified by the Pla ing Commission through the conditional use pe it process, after submittal, review and approval of a traffic engineering study Vehicle/Equipment Sales and Services Automobile Rentals 1 per 1,000 sq. ft. of indoor/outdoor sales and/or display lot area accessible for public viewing, but no less than 10; plus 1/300 sq. ft. office area; 1/200 sq. ft. auto service area Automobile Washin (Car Wash) Full-service ttended) 10 With fuel s es 12 Self-service (un ttended) 1.5 per wash stall Service Statio full-serve/r pair garage 1 per 500 sq. ft. but no less than 5 self-serve 2 with co emence markets 1 per 200 sq. ft. of retail space but no less than 8 with se -serve car wash 4 with s f-serve car wash 10 and c nvenience market Vehicl /Equipment Repair 1 per 200 sq. ft. but no less than 5 Vehic e/Equipment Sales 1 per 1,000 sq. ft. of indoor/outdoor sales and/or and entals display lot area accessible for public viewing, but no less than 10; plus 1 per 300 sq. ft. office area; 1 per 200 sq. ft. auto service area V icle Storage 1 per 5,000 sq. ft. lot area; no less than 5 Visitor Ac ommodations: Bed and Breakfast 1 per guest room plus 1 guest and 1 manager/owner space Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-9 2/98 August 24,2004 OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A(Conti ed) (3334-6/97) Use Classification Off-Street Parking Spaces Visitor Accommodations (cont.) Hotels, Motels 1.1 per guest room; plu 1 per passenger transport vehicle (minimum of stalls) and 2 spaces for any manager's unit parking for other uses as required by this sch dule Single Room Occupancy, 1.0 per unit, 10% shall be designated as visitor Residential Hotels parking; 1 per passenger transport vehicle (minimum of if stall) one loading space, and 2 spaces for arty manager's unit, plus 0.5 per all remaining personnel (3494-5/01) Warehouse and Sales Outlets 1 per 2 0 sq. ft. Industrial Speculative buildings per 500 sq. ft. (maximum 10%office area) Manufacturing, research assembly, 1 per 500 sq. ft. packaging Wholesaling, warehousing and 1 per 1,000 sq. ft. distributing space Offices 1 per 250 sq. ft. if office area exceeds 10 percent of gross floor area Outside uses: Storage, wre ing/ 1 per 5,000 square feet of lot area, but no less salvage and lumber yards than 5 Mini-storage facilities Single-story 1 per 5,000 square feet Each additio al story 1 per 2,000 square feet plus 2 spaces for any caretaker's unit 231.06 Joi t Use Parking In the event that t o (2) or more uses occupy the same building, lot or parcel of land, the total requirement or off-street parking shall be the sum of each individual use computed separately ex cep as provided in this section. (3334-6/97) The Planning ommission or Zoning Administrator may grant a reduction in the total number of required sp ces as part of the entitlement for the use or uses, or by conditional use permit when no othe entitlement is required, when the applicant can demonstrate that the various uses have di ergent needs in terms of daytime versus nighttime hours or weekday versus weekend ho rs. Such joint use approvals shall be subject to the following: (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-10 5/01 August 24,2004 1. The maximum distance between the building or use and the near st point of the parking spaces or parking facility shall be 250 feet; and (3334-6/ ) 2. There shall be no conflict in the operating hours based on p rking space requirements for the different uses on the parcel; and (3334 /97) 3. Evidence of an agreement for such joint use shall be pro ided by proper legal instrument, approved as to form by the City Attorney. e instrument shall be recorded in the Office of the County Recorder and sh be filed with the City prior to issuance of building permit and/or certificat of occupancy, whichever occurs first. (3334-6/97) 231.08 Reduced Parking for Certain Uses A. The Planning Commission Zoning Admini rator may approve a conditional use permit to reduce the number of parking space to less than the number required per Schedule "A" in Section 231.04, provided t at the following findings are made: (3334- 6/97,3526-2/02) 1. The parking demand will be less t an the requirement in Schedule A; and (3334- 6/97,3526-2/02) 2. The proposed use of the buil ' g or structure, will not generate additional parking demand; and (3334-6/97,3526-2 2) 3. A Transportation Deman anagement plan which exceeds the minimum required by Section 230. 6 has been approved by the Director. (3334-6/97) B. The Planning Genunission oning Administrator may consider survey data prepared by a state-registe d traffic engineer and submitted by an applicant or collected at the applicant's request d expense as a basis for approval of a reduction in required parking. (3334-6/97,3526-2/0 ) 231.10 Parking -Lieu Payments Within Downtown Specific Plan Area Parking requirements fo private property uses within the Downtown Specific Plan Area may be met by payment of a "in-lieu" fee for providing parking in a parking facility subject to conditional use permit pproval by the Planning Commission. Said fee may be paid in multiple installments. The first installment in an amount established by City Council Resolution for each rking space shall be paid prior to the issuance of building permits or of a certificate of occu ancy, whichever comes first. Any successive installments shall be paid and secured by a in chanism established in the conditions of approval. (3334-6/97) 231.12 arking Spaces for the Handicapped New and existi g parking facilities shall comply with the State Handicapped Regulations as mandated in S ate law. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-11 2/02 August 24,2004 231.14 Parking Space Dimensions (3334-6/97) Required parking spaces shall have the following minimum dimensions i feet. Striping requirements are depicted in Diagram A. Directional signs and/or pave ent markings shall be provided in any facility in which one-way traffic is established. (333 -6/97) Angle of Stall Stall Aisle Width' Parking Width Depth 1- ay 2-way 00 9 19 (with 8 ft. Striped 12 20 (Parallel) maneuvering area between every 2 spaces) 300 9 19 14 20 450 9 19 15 20 600 9 19 20 20 900 9 19 26 26 Residential 9 19 25 25 Compact 8 17 subject to Section 231.20 'Minimum 24 feet when determined by Fir Department to be a fire lane. (res of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter231 231-12 6/97 August 24,2004 300 ,450 & 60 Parking 79 i0 i � 78 p�jSiO p~ip� 90° Parking 24 In. Exterior i Dimension w 19 Ft. j 18 In. Interior Dimension Paralle Parking 9 ft. 8 19 ft. 19 ft. 8 ft G:UDV9DRAVVMl STRP.BM STRIPING REQUIREMENTS DIAGRAM A Huntington Beach Zoning and Subdivision Ordinance Chapter231 231-13 6/97 August 24,2004 231.16 Application of Dimensional Requirements j A. Relation to Walls and Posts/Columns. A parking space on a site tth more than five (5)parking spaces and which is adjacent to a wall over twelve (1 ) inches in height shall be increased in width by three (3) feet. Post/columns may e permitted along the side of each space only within three (3) feet of the head and fo of each stall. (3334-6/97) B. Vertical Clearance. Vertical clearance for parking spaces sh I be 7 feet, except that an entrance may be 6.67 feet. When handicapped parking is ovided, vertical clearance shall comply with California Code of Regulations (Title 24, P rt 2, Chapter 2-71). (3334-6/97) For residential uses, non-structural improvements i uding wall-mounted shelves, storage surface racks, or cabinets may encroach i o the vertical clearance,provided a minimum 4.5 feet vertical clearance is maintai d above the finished floor of the garage within the front 5 feet of a parking space. (333 /97) C. Wheel Stops. All spaces shall have whee tops 2.5 feet from a fence, wall, building or walkway. (3334-6/97) D. Parking Space Dimension Reductio When a parking space abuts a landscape planter, the front 2 feet of the required 19 f of length for a parking space may overhang the planter as provided in Chapter 23 . (3334-6/97) 231.18 Design Standard A. Public Works Requirement . Drive entrances on arterial highways shall be located in a manner to coordinate with ture median openings and in accord with Department of Public Works standards. he paved surface of driveways and drive entrances shall comply with Departme of Public Works specifications. Parking facilities shall be prepared, graded, and ved to ensure that all surface waters will drain into a public street, alley, storm dr in, or other drainage system approved by the Department of Public Works. Aisle ays without adjacent parking shall be a minimum 24 feet in width. (3334-6/97) B. Circulation Desi . All off-street parking spaces shall have access to a public street or alley, and shall h e internal circulation, safe entrances and exits, drives, and aisles in conformance wi City standards. Every required parking space shall have unobstructed ac ess from an aisle without moving another vehicle. All parking spaces, except resident al garages and carports for single-family dwellings and duplexes, shall have forward avel to and from parking facilities when access is to a dedicated street. Traffic circul tion shall be designed so that no vehicle need enter a public street in order to prog ess from one aisle to any other aisle within the same development. (3334- 6/97) Commerci centers which have 200 parking spaces or more shall have at least one main entra ce designed as depicted in Diagram B. (3334-6/97) (rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-14 6/97 August 24,2004 i I I I I 100, / I I /4ft. I I 24ft 24ft. Oft GION9DRAM31-ENTH COMMERCIAL ENTER MAIN ENTRANCE FOR PARKING OTS WITH OVER 200 SPACES DIAGRAM B A minimum 3-foot-by-3-fo t-wide maneuvering area shall be provided at the end of dead-end parking aisles le s than 150 feet in length. A vehicle turnaround space shall be provided at the end o all dead-end parking aisles which exceed 150 feet in length (measured from the clo st intersecting aisle with complete circulation). The maneuvering area and maround space shall be designed as depicted in Diagram C. Other turnaround arr gements providing the same maneuverability are subject to approval by the Dire tor. 2 ft. Wheel Maneuvering 19 ft. h, stop I area I I *9 h, I L 26 ft. I 3 ft 12"Step off area G\DMDR VA231-RND.BMP TURN-AROUND SPACE AND MANEUVERING AREA DIAGRAM C Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-15 6/97 August 24,2004 C. Illumination. All parking area lighting shall be energy-efficient and designed so as not to produce glare on adjacent residential properties. Security lighting shall be provided in areas accessible to the public during nighttime hours, and such lighting shall be on a time-clock or photo-sensor system. (3334-6/97) D. Residential parking. (3334-6/97) l. Garages and Carports. All required garages and carports, permitted as accessory structures, shall be constructed at the same time as the main building and shall be used only by persons residing on the premises for storage of personal vehicles and other personal property. (3334-6/97) 2. Assignment of Spaces. Each studio and one bedroom dwelling unit shall have a minimum of one assigned parking space and each two or more bedroom units shall have a minimum of two assigned parking'spaces. Each dwelling unit shall have an enclosed,'assigned space which shall be within 200 feet walking distance of that unit and designated as such. The signed spaces shall be provided with the rental of a dwelling unit without any additional cost. All unassigned spaces provided on site shall be open and onl used for the parking of vehicles by persons residing on the property or t it guests. (3334-6/97) 3. Turning Radius. The minimum t ing radius for any garage, carport or open parking space, entered directly f in an alley or driveway, shall be 25 feet. (See Diagram D) (3334-6/97) STREET GA AGE - - - - -- - J7 751 DRIV WAY STREET STREET GAD NO DRAVA231-TU R N.BMP TURNING RADIUS DIAGRAM D Huntington Beach Zoning and Subdivision Ordinance Chapter231 231-16 6/97 August 24,2004 4. Driveway Width. (3334-6/97) Length of Drive Minimum Driveway Width 150 feet or less 10 ft. for single family dwellings 20 ft. for multi-family dwelli s Greater than 150 feet 20 feet clear width Exception: when desig ted as fire lane, all Fire Department require nts shall apply. 5. Guest Parking. All guest parking shall be fully ccessible. (3334-6/97) 6. Coastal Zone. Each dwelling unit located ' the Coastal Zone shall have a minimum of 2 on-site parking spaces. If e total coastal parking requirements exceed the total minimum parking as r uired by this chapter, the additional required parking spaces may be in to em with enclosed spaces, provided the tandem space is assigned to an encl sed space and complies with the required turning radius. (3334-6/97) 7. Planned Residential Develo nts. In a planned residential development where a garage is c/na ted a mini m of 20 feet from the curb, the driveway in front of the garagee used to ovide one of the required uncovered spaces. (3334-6/97) 8. Privacy gay be in alled without a conditional use permit provided there is compliancthe fo owing criteria prior to the issuance of building permits: (3526-2/02) 1) Fire nt approval for location and emergency entry. (3526-2/02) 2) Postpproval of location for mail boxes or entry for postal carrier. (3526-3) Shale a driveway withi-a a minimum of twenty (20) feet for vehicle stack526-2/02)9. Drivewaace. The air space above all driveways which exceed 150 feet in length sh 1 remain open to the sky, except that eaves or roof overhangs with a maximu 4-foot projection may be permitted above a height of 14 feet. (3334-6/97, 3526-2/02 10. Stor e S ace. 100 cubic feet of enclosed storage space for each unit shall be pro ded in a secured parking area where there is no private garage. (3334-6/97,3526- 7cessorv 11. Dwelling. One additional off-street parking space shall be required for an accessory dwelling, except that in the coastal zone there shall be a minimum of four(4)parking spaces on-site.(3334-6/97,3526-2/02) E. Non-residential Parking and Loading. (3334-6/97) 1. Designated Parking. Parking spaces within an integrated, non-residential complex shall not be designated for exclusive use of any individual tenant except as authorized by a parking management plan approved by the Director. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-17 2/02 August 24,2004 2. Parking Controls. Parking controls, such as valet service, or booths, and/or collection of fees may be permitted when authorized by conditional use permit approval by the Zoning Administrator. Privacy gates may be installed without a conditional use permit provided there is compliance with the following criteria prior to the issuance of building permits: (3334-6/97,3526- 2102) 41)Fire Department approval for location and e ergency entry. (3526-2/02) -52)Postmaster approval of location for mail b xes or entry for postal carrier. (3526-2/02) 63)Shall provide a driveway with a mini in of twenty (20) feet for vehicle stacking. (3526-2/02) 3. Minimum Driveway Width. 25 feet hen providing access to the rear of a structure. (3334-6/97) 4. Reciprocal Access. Reciprocal ' gress/egress access with adjacent properties shall be provided for all co rcial properties. (3334-6/97) 5. Loading Location. On a sit adjoining an alley, a required loading space shall be accessible from the alley less alternative access is approved by the Director. An occupied loading space s all not prevent access to a required parking space. Truck or rail loading, d k facilities, and doors for such facilities shall not face or be located within 45 f t of property zoned or general planned residential. (3334- 6/97) 6. Loading Design. y loading facility shall be designed and located so that vehicles need not xtend onto the public sidewalks, streets or alleys during loading activitie . (3334-6/97) 7. Landscape Bu er. Where the side or rear yard of a parcel is used for loading activities andbuts an R District, a landscaped buffer along the property line shall be pro V1ded�1,633 34-6/97) F. Seasonal and Tora Parking Lots. Seasonal and temporary parking lots may be allowed upon proval of a conditional use permit by the Zoning Administrator. Seasonal lots ay operate only from Memorial Day through the third weekend in September d shall be located within 1,000 yards of the mean high tide line of the Pacific Oce . Temporary and seasonal commercial parking lots may be permitted for a maximu of five years. The design and layout of seasonal and temporary parking lots shall com y with this chapter, Fire Department requirements, and the following standards (3334-6/97) 1. Paving shall be 2 inches of asphalt over compacted native soil, or as approved by the Department; except seasonal parking lots shall be surfaced to meet minimum specifications for support of vehicles and to provide dust control as required by the Zoning Administrator. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-18 2/02 August 24,2004 2. Boundaries of such lots shall be marked off and secured by chain-'or cable, with posts a minimum of 3 feet in height, solidly built. At a minimum, posts shall consist of 4" x 4" wood or equivalent metal posts a minimum'of 1-1/2 inches in diameter securely set in the ground and placed 8 feet on center. The posts shall be connected with at least 1 strand of 1/2-inch cable or chain securely fastened to each post. An opening shall be provided to accommodate vehicle access during business hours. Seasonal lots shall be secured to prevent overnight parking between the closing hour on one business day an /the opening hour the following business day. (3334-6/97) 3. Temporary parking lots shall have landscap d planters with an inside dimension of 3 feet along street-side property lines e eluding driveways. Landscaping shall be protected from vehicle and pedestria damage by wheel bumpers (asphalt, concrete, or wood), or asphalt or cone to curbs, or any other design that will provide adequate protection. (3334-6/9 4. Seasonal parking lots are exempt rom landscaping requirements of Chapter 232. (3334-6/97) 5. Directional and information signs shall be displayed on-site to identify the entrance(s), fees, and hour of operation. Such signs shall be located at the entrance of the parking to and shall not exceed 12 square feet and shall be 6 feet high. Signs for seasona arking lots shall be removed from the site each season no later than the third eekend in September. (3334-6/97) 6. Automatic entry devices or fee collection points shall be set back a minimum of 20 feet from the pu lic right-of-way, or at a distance recommended by the Department of Pu is Works and approved by the Director. (3334-6/97) 7. An attendant sh 1 be on duty at all times during business hours of seasonal parking lots. (3 34-6/97) 8. An approve fire extinguisher shall be provided on the premises during business hours. (3334- /97) 9. The site s all be maintained in a clean condition, free from trash and debris. Trash co tainers shall be placed on the site to accommodate and store all trash that ace ulates on the lot. (3334-6/97) For seasona parking lots, a certificate of insurance for combined single limit bodily injury and/ property damage including products liability in the amount of$1,000,000 per occurr ce shall be filed with the Department of Administrative Services. A hold harmless reement holding the City harmless shall also be filed with the Department of Administrative Services. (3334-6/97) Subseque t to approval of an application for any seasonal or temporary parking lot, the applicant shall meet all standards and requirements and install all improvements. The parking lot shall then be inspected and approved by the Director prior to issuance of a Certificate to Operate. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-19 6/97 August 24,2004 G. Parking Structures. Parking structures above or below grade shall be subject to conditional use permit approval by the Planning Commission when no other entitlement is required. In addition, parking structures proposed within the coastal zone shall be subject to approval of a coastal development permit. All parking stfuctures shall comply with the following requirements:(3334-6/97) 1. Transition ramps which are also used as back-up spac for parking stalls shall have a maximum slope of 5 percent. The maxim slope for transition ramps with no adjacent parking spaces shall be 10 perce A ramp used for ingress and egress to a public street shall have a transition s tion at least 16 feet long and a maximum slope of 5 percent. (3334-6/97) 2. Parking structures with over 300 spaces s 1 provide secondary circulation ramps and additional ingress and egress if dee d necessary by a traffic study prepared by a state-registered traffic engineer. (3 4-6/97) 3. Parking structures shall be provide ith a minimum 10-foot-wide perimeter landscape planter at ground level. arked cars shall be screened on each level through landscape planters or tre ises and/or decorative screening wall or railings. The Design Review Board sha approve the landscaping plan. (3334-6/97) 4. All parking structures shall e architecturally compatible with existing or proposed structures and sh I be subject to review and approval by the Design Review Board prior to he ing. The Design Review Board shall consider the following factors in revi wing a proposal: bulk, scale, proportion, building materials, colors, signa5 e, architectural features, and landscaping. (3334-6/97) 5. All parking structure proposed for conversion to a fee parking arrangement shall be subject to Condit' nal use permit approval by the Planning Commission. Public parking st tures within the coastal zone proposed for conversion to a fee parking arrange nt shall be subject to approval of a coastal development permit. (3334-6/97) 231.20 Compac Parking (3334-6/97) The ' , Zoning Administrator or Director whieheve ;s the review body, in allow use of compact parking to satisfy a portion of the required parking upon finding at compact parking will result in a more effective and efficient circulation pattern a parking layout and enhance the general appearance of the development and its surroundings. Compact spaces shall be distributed throughout the parking area and h e the same aisle width as full-size spaces. Compact spaces shall be marked "COMPA T" on the foot of the stall. The number permitted shall be subject to the following stand S: (3334-6/97) A. Non-reside ial developments with a minimum of 20 spaces shall be permitted to have 20 percent of t e total spaces as compact parking. (3334-6/97) B. Residential developments with a minimum of 50 units may have 20 percent of the non- guest parking spaces as compact provided that an equitable system of assignment and distribution has been established. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-20 6/97 August 24,2004 231.22 Driveways; Visibility Visibility of a driveway crossing a street or alley property line or of intersecting driveways shall be consistent with the requirements of Section 230.88. (3334=6/97) 231.24 Landscape Improvements Landscape, planting and irrigation plans shall be pre ed consistent with the requirements of Chapter 232. (3334-6/97) 231.26 Parking Area Plan Require Prior to the construction, reconstruction, o restriping of an off-street parking area, a parking area plan shall be submitted to the Direct r for the purpose of indicating compliance with the provisions of this section. This plan sh 1 include: (3334-6/97) A. Location and description of fe ing and architectural screen walls. (3334-6/97) B. Location and placement of p rking stalls, including bumpers, striping and circulation, all dimensioned to permit mparison with approved parking standards. (3334-6/97) C. Location and placement f lights provided to illuminate the parking area. (3334-6/97) D. A drainage plan showin drainage to a public way in accordance with accepted standards or practices. (3334-6/97) E. A landscape, plantin and irrigation plan prepared consistent with the requirements of Chapter 232. (3334-6/ 7) F. Existing off-st eet parking areas that were approved at a reduced dimension (e. . width, length, aisle width) may be reconstructed and re- striped or o y re-striped at their previous reduced dimension. G. When re-st iping, parking stalls shall be as depicted in Section 231.14, Diagram H. If a.par 'ng area is proposed to only be re-striped; no landscape, drainag , or lighting plan is required. Single-famil dwellings on pre-existing lots are exempt from this requirement. (3334-6/97) 231.28 Oceanside or On-Street Parking within the Coastal Zone If any existing oceanside or on-street parking within the coastal zone is removed, it shall be replaced on a one for one basis in an area that would not result in the loss of any sandy beach area and within walking distance of the existing site. Replacement parking shall be assured prior to the issuance of the coastal development permit and shall be provided before any existing parking is removed so that there will be no reduction in the number of parking spaces available.(3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-21 6/97 August 24,2004 LEGISLATIVE DRAFT 604 3 7� Chapter 236 Nonconforming Uses and Structures (3254-10/94, 3378-2/98,3528A-2/02) Sections: i 236.02 General Provisions. 236.04 Destruction of a Nonconforming Structure or Use. 236.06 Alterations to a Nonconforming Structure or Use. 236.08 Sex Oriented Businesses. 236.02 General Provisions A. A nonconforming structure or use shall not be enlarged, increased or intensified except as provided in this chapter. If any such use ceases, the subsequent use of such land, structure or building site shall be in conformance with the regulations specified by this code. (3254-10/94) B. A nonconforming use shall not be resumed, reestablished, or reopened after it has been abandoned, discontinued or changed to a conforming use. (3254-10/94) C. A nonconforming use shall be deemed to be discontinued or abandoned when such use has ceased to operate or to exist for a period of six (6) months. (3254-10/94) D. A nonconforming use which is not housed in any structure, but occupies a lot or portion of a lot, shall not be enlarged or extended to any other portion of the lot or any other lot not so occupied at the time the use became classified as nonconforming. (3254-10/94) E. A nonconforming use occupying either a conforming structure or nonconforming structure or portion thereof shall not be extended to any portion of the structure not so occupied at the time the use became nonconforming. (3254-10/94) 236.04 Destruction of a Nonconforming Structure or Use These provisions shall govern reconstruction of the nonconforming structures and/or uses listed below after such structure or use is destroyed by fire, explosion, act of nature or act of the public enemy by the percentage of value specified. (3254-10/94) A. Nonconforming structures and nonconforming uses destroyed 50% or less of the value prior to damage may be completely rebuilt. (3254-10/94) B. Nonconforming residential uses consisting of 10 or less units destroyed more than 50% of the value may be completely rebuilt. (3254-10/94) Huntington Beach Zoning and Subdivision Ordinance Chapter 236 236-1 2/02 August 24,2004 C. Nonconforming residential uses consisting of more than 10 units destroyed more than 50% of the value may be completely rebuilt subject to conditional use permit approval by the Planning Commission provided current requirements for setback and parking are met. (3254-10/94) 236.06 Alterations to a Nonconforming Structure or Use A. Interior alterations and/or repairs may be made which do not enlarge the square footage or increase the height of a nonconforming use. Reroofing for health and safety purposes may also be permitted. (3254-10/94) B. A structure for a nonconforming use shall not be enlarged or altered on the exterior in any mariner unless: (3254-10/94) 1. All aspects of the existing structure and the proposed addition are made to conform to applicable provisions of this Code, or (3254-10/94) 2. The Zoning Administrate Director permits such alteration subject to Neighborhood otification pursuant to Chapter 241 and the following findings: (3254-10/94,3528A-2/02) a. That the alteration is necessary to secure added safety or reduce the fire hazard or to improve the aesthetic appearance of the structure's architecture by bringing the design into greater conformance with the surrounding neighborhood. (3254-10/94) b. That the alteration or addition will not increase the number of stories. (3254-10/94) C. That the alterations will not cause the floor area to exceed more than ten (10%)percent of the floor area the structure contained at the time the use became nonconforming. (3254-10/94) C. Nonconforming structures may be altered or enlarged provided that the alteration or enlargement is in conformance with applicable provisions of Titles 21 and 22. (3254-10/94) D. Additions to nonconforming structures proposed to be constructed at the existing nonconforming yard setbacks shall be subject to Director approval and Neighborhood Notification pursuant to Chapter 241 of a ,.,,ndit;,,,,�� use ofmit by the Zoning n a.,.mist«-,+.«. (3254-10/94) E. The area of enlargement to a nonconforming structure in any five year period shall not exceed 50% of the area of the structure as it exists on the effective date of this ordinance. (3254-10/94) Huntington Beach Zoning and Subdivision Ordinance Chapter 236 236-2 2/02 August 24,2004 236.08 Sex Oriented Businesses A. Any sex oriented business lawfully operating on the effective date of the Ordinance No. 3378 that is in violation of Section 212.04 of this Code shall be deemed a nonconforming use. A nonconforming use will be permitted to continue for a period of three years with possible one year extensions (maximum extensions of five (5)years)to be granted by the Planning Commission only upon a convincing showing by the applicant of extreme financial hardship which is defined as the recovery of the initial financial investment in the nonconforming use, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty(30) days or more. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two (2) or more sex oriented businesses are within 750 feet of one another and otherwise in a permissible location, the sex oriented business which was first established and continually operating at the particular location is the conforming use and the later established business(es) is nonconforming. (3378- 2/98) B. A sex oriented business lawfully operating as conforming use is not rendered a nonconforming use by the location, subsequent to the grant of a sex oriented business zoning permit, of a building used for religious assembly, school,park and recreational facility or any property zoned RL, RM, RMH, RH, RMP, and any properties with equivalent designations under any specific plan within five hundred feet (500') of the sex oriented business. (3378-2/98) C. Any application for a building permit to operate a sex oriented business in a location that is in violation of Section 212.04 that is filed prior to, but approved after the effective date of Ordinance No. 3378 shall be deemed a nonconforming use pursuant to Section A. Any such building permit shall be in effect subject to the applicable zoning regulations in effect prior to the effective date of Ordinance No. 3378. (3378-2/98) Huntington Beach Zoning and Subdivision Ordinance Chapter 236 236-3 2/98 August 24,2004 LEGISLATIVE DRAFT ) QdA- w /l)o-36J"0 Chapter 244 Design Review Sections: 244.02 Applicability 244.04 Duties of the Design Review Board 244.06 Scope of Review 244.08 Required Plans and Materials 244.02 Applicability Design review is required for projects in redevelopment areas, and applicable specific plans areas designated by the City Council, and for projects abutting or adjoining PS districts. 244.04 Duties of the Design Review Board The Design Review Board shall assist the Director, Planning Commission and Zoning Administrator in reviewing development plans and architectural drawings within designated geographic areas of the City and to undertake such other review and approval as provided by this code. A. Organization. The Board shall consist of five members appointed by and responsible to the City Council. The membership shall consist of the following: l. Two (2) At-large members, consisting of current City residents chosen by the City Council. Alternate City residents may be designated by the City Council. 2. One (1) current Planning Commissioner chosen by the Planning Commission. An alternate Commissioner may be designated by the Planning Commission. 3. The Director of his/her designee. 4. The Public Works Director or his/her designee. B. Terms of Office. 1. At-large Members. The term of office for At-large members shall be our (4)years, except as hereinafter provided. One At-large member shall be appointed in 1994, and each fourth year thereafter. One At-large Chapter 244 244-1 10/3/94 August 24,2004 member shall be appointed in 1994 for a two year term, and each fourth year thereafter. No At-large member shall serve more than two (2) consecutive terms, except that the current At-large member may be appointed for the two year term mentioned herein. At-large members may serve until their respective successors and appointed and qualified. An At-large member may be removed prior to the expiration of his/her term by a motion adopted by the City Council. 2. Planning Commission Member. The term of the Planning Commission member shall expire when such member ceases to be a member of the Planning Commission. A Planning Commission member may be removed prior to the expiration of his/her term by a motion adopted by the Planning Commission. Members may serve until their respective successors are appointed and qualified. C. Powers and Duties. It shall be the duty of the Board to review sketches, layouts, site plans, structural plans, signs, and architectural drawings in connection with any matter before the Board. The Board shall have authority to confer with the applicant or property owner concerning modifications of the proposal, or conditions necessary to approval, and may approve, disapprove, or conditionally approve the proposal. The Board may recommend any matter before them to the discretionary body for consideration of the project. 244.06 Scope of Review A. In making its determination, the Board shall review and consider 1. The arrangement and relationship of proposed structures and signs to one another and to other developments in the vicinity; 2. Whether that relationship is harmonious and based on good standards of architectural design; 3. The compatibility in scale and aesthetic treatment of proposed structures with public district areas; 4. The adequacy of proposed landscaping, parking spaces, driveways, potential on-site and off-site parking and traffic impacts and other potential impacts upon the environment; 5. Elements of design affecting the performance characteristics of the proposed development; and 6. Whether energy conservation measures have been proposed and the adequacy of such measures, including, but not limited to, the use of active and passive solar energy systems. B. The Board may impose and/or recommend any conditions deemed reasonable and necessary to the approval of the proposed development plan. Chapter 244 244-2 10/3/94 August 24,2004 244.08 Required Plans and Materials Plans and materials to fully describe and explain the proposed development shall be submitted as required by the application form or by the Director, as deemed necessary. 244.09 Time Limit; Transferability, Discontinuance, A. Time Limit. A Design Review Board recommendation shall become null and void one year after its date of Director approval. If the initial application is in association with another discretionary ermit said permit shall become null and void one year after the Wnal action of the hearing body. Chapter 244 244-3 10/3/94 August 24,2004 LEGISLATIVE DRAFT Chapter 250 General Provisions (3334-6/97,3530-2/02) Sections: 250.02 Citation and Authority 250.04 Consistency 250.06 Applicability 250.08 Exceptions 250.10 Definitions 250.12 Responsibilities 250.14 Map Requirements 250.16 Fees and Deposits 250.02 Citation and Authority This Title is adopted pursuant to Chapter XI, Section 7 of the California Constitution and to supplement and implement the Subdivision Map Act, Section 66410 et seq. of the Government Code. This title may be cited as the Subdivision Ordinance of the City of Huntington Beach. 250.04 Consistency No land shall be subdivided and developed for any purpose that is inconsistent with the Huntington Beach General Plan, the Local Coastal Program for development within the coastal zone, or any applicable specific plan of the City or that is not permitted by Titles 20- 24, Zoning, or other applicable provisions of this Code. (3334-6/97) The type and intensity of land use as shown on the General Plan, and Local Coastal Program for land within the coastal zone, and any applicable specific plan shall determine, together with the requirements of the Subdivision Map Act and this Title, the type of streets, roads, highways, utilities, and other public services that the subdivider shall provide. (3334-6/97) 250.06 Applicability The provisions set forth in this Title shall apply to all or parts of subdivisions within the City and to the preparation of subdivision maps and to other maps provided for by the Subdivision Map Act and this Title after the effective date of this Title. All subdivisions and any part thereof lying within the City shall be made and all subdivision maps shall be prepared and presented for approval as provided for in this chapter. All subdivisions and lot line adjustments located within the coastal zone that meet the definition of development as defined in Section 245.04(J) shall require approval of a coastal development permit. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 250 250-1 2/02 August 24,2004 250.08 Exceptions This chapter shall not apply to the items listed in Sections 66412, 66412.1, 66412.2 and 66412.5 of the Subdivision Map Act. However subject to the provisions of Section 66412(d) of the Subdivision Map Act, a lot line adjustment between two or more existing adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created, provided that,the lot line adjustment is approved pursuant to Section 250.16B. 250.10 Definitions For the purposes of this Title, unless otherwise apparent from the context, certain words and phrases used in this Title are defined in this section as set forth below. All definitions provided in Chapters 1.04, 245.04, and 203 of the Municipal Code and all definitions provided in the Subdivision Map Act shall also be applicable to this Title and said definitions are hereby incorporated by this reference as though fully set forth herein. Access Rights. The right of abutting landowners or occupants to obtain access to an abutting public way. Acreage. Any parcel of land which is not a lot, as defined in this chapter, and those areas where a legal subdivision has not been made previously, or where a legal subdivision has declared such parcel as acreage. Block. The area of land within a subdivision, which area is entirely bounded by streets, highways or ways, except alleys, or the exterior boundary or boundaries of the subdivision. Certificate of Compliance. A valid authorization, issued by the City, stating that the subdivision of creation complies with City subdivision laws applicable at the time of creation or stating that the subdivision complies with the Subdivision Map Act and this Title. City Engineer. The City Engineer of the City of Huntington Beach. Collector Street. A street, intermediate in importance between a local street and an arterial highway, which has the purpose of collecting local traffic and carrying it to an arterial highway. Conversion. The creation of separate ownership of existing real property together with a separate interest in space of residential, industrial or commercial buildings. Cul-de-Sac. A local street, one end of which is closed and consisting of a circular turnaround. Day. A calendar day unless otherwise specified. Department. The Community Development Department of the City of Huntington Beach. Department of Public Works. The Department of Public Works of the City of Huntington Beach. Director. The Director of the Community Development Department of the City of Huntington Beach. Huntington Beach Zoning and Subdivision Ordinance August 24,2004 Chapter 250 250-2 6/97 Easement. A grant of one or more property rights by the owner to the City, a public entity, public utility, or private party. Final Map. A map showing a subdivision of five or more parcels, prepared in accordance with the provisions of the Subdivision Map Act and this Title and designed to be placed on record in the office of the Orange County Recorder. Lot Line Adjustment. A minor shift or rotation of an existing lot line where a greater or lesser number of parcels than originally existed is not created. Merger. The joining of two or more contiguous parcels of land under one ownership into one parcel. Parcel. A unit or portion of a unit of improved or unimproved land. Parcel Map. A map showing a subdivision of four or fewer parcels or a subdivision pursuant to the exceptions stated in Section 66426 of the Subdivision Map Act prepared in accordance with the provisions of the Subdivision Map Act and this Title and designed to be placed on record in the office of the Orange County Recorder. Parkway. That area between the curb face and abutting property line. Person. Any individual, firm, co-partnership,joint venture, organization, corporation, estate, trust, receiver, syndicate, this City, and any other public agency. Private Street. Any street or accessway which is privately held, maintained and utilized as access to a development. Remainder. That portion of an existing parcel which is not divided for the purpose of sale, lease, or financing nor part of the subdivision. Scenic Easement. An easement dedicated to the City that protects a view from a specific location or locations to a specific visual resource by prohibiting or limiting development. Service Road. A street adjacent to and providing access to an arterial highway. Standard Plans. Plans and engineering drawings for public improvements as adopted by the Department of Public Works. Standard Engineering Specifications. Specifications for public improvements adopted by the Department of Public Works. Subdivision Committee. The Subdivision Committee of the City of Huntington Beach. Subdivision Map Act. The provisions of Division 2, Subdivisions of the California Government Code, relating to subdivisions of land and real property commencing with Section 66410. Tentative map. A map made for the purpose of showing the design and improvements of a proposed subdivision and the existing conditions in and around it precedent to the approval of a final map. Tentative map shall include a tentative parcel map, prepared pursuant to the provisions of this Title. Huntington Beach Zoning and Subdivision Ordinance August 24,2004 Chapter 250 250-3 6/97 Usable Parcel Area. That portion of a parcel which does not exceed a slope of 10 percent. Any portion of the parcel exceeding 10 percent shall, for the purpose of this Title, be considered slope and not usable parcel area. Vesting Tentative Map. A tentative map for a residential subdivision that has, printed conspicuously on its face, the words "vesting tentative map" at the time it is filed with the City, and is processed in accordance with the provisions of Chapter 252 of this Title. (3334- 6/97) 250.12 Responsibilities A. City Attorney. The City Attorney's responsibilities shall include approving as to form all subdivision improvement agreements; covenants, codes, and restrictions; security, liability agreements and insurance; and all governing documents for a community apartment project, condominium, stock cooperative, or conversion. B. City Council. The City Council shall have final jurisdiction in the approval of final maps and improvement agreements and the acceptance by the City of land and/or improvements as may be proposed for dedication to the City for subdivisions of five or more parcels. The City Council shall act as the appeal board for hearing appeals of all subdivision maps acted upon by the Planning Commission. C. Planning Commission. The Planning Commission's responsibilities shall include approving, conditionally approving, or denying the application for tentative map approval of subdivisions of ten or more parcels. The Planning Commission shall act as the appeal board for hearing appeals of tentative parcel maps and tentative maps for subdivisions of 9 or fewer parcels. D. Zoning Administrator. The Zoning Administrator's responsibilities shall include the processing and approval, conditional approval or denial of tentative map approval of subdivisions of or less parcels, tentative parcel maps and waivers of parcel map requirements, lot line adjustments, mergers and certificates of compliance. E. City Engineer. The City Engineer's responsibilities shall include: 1. Establishing design and construction details, standards and specifications. 2. Determining if proposed subdivision improvements comply with the provisions of the Subdivision Map Act and this Title. 3. The processing and certification of final maps, reversion to acreage maps, and amended maps and the processing and approval of subdivision improvement plans. 4. Examining and certifying that final maps are in substantial compliance with the approved tentative map. 5. Final jurisdiction in the approval of parcel maps and certification of lot line adjustments. August 24,2004 Huntington Beach Zoning and Subdivision Ordinance Chapter 250 250-4 6/97 6. The inspection and approval of subdivision public improvements. 7. The acceptance of dedications and public improvements for subdivisions by parcel map, and off-site dedications lying outside a subdivision boundary which require a separate grant deed. 8. Collection of all required fees and deposits associated with final maps and parcel maps except park and recreation fees. F. Director. The Director's responsibilities shall include the processing of tentative maps and lot line adjustments. 1. Determinations of violations of the provisions of the Subdivision Map Act or this Title. 2. The management of the Planning Division in carrying out the responsibilities imposed upon it by this Title. When necessary to carry out the Director's responsibilities hereunder,the Director may designate and authorize a representative to act on his or her behalf. 3. Collection of park and recreation fees and fees associated with tentative maps. G. Subdivision Committee. The Subdivision Committee's responsibilities shall include examining and determining that tentative and vesting tentative maps comply with the provisions of the Subdivision Map Act, this Title, the Local Coastal Program for maps located within the coastal zone, and the City's General Plan, and recommending approval, disapproval, or conditional approval of tentative or vesting tentative maps to the Planning Commission or Zoning Administrator. The Subdivision Committee shall consist of the following members or their authorized representatives: 1. The Director who shall serve as chairperson and secretary; 2. The City Engineer; 3. The Fire Chief, and 4. Three members of the Planning Commission. Representatives from other departments shall attend meetings when requested to do so by the Subdivision Committee. H. Coastal Commission. The Coastal Commission shall have appeal jurisdiction over coastal development permits approved for all subdivisions and lot line adjustments located within the appealable area of the coastal zone that constitute development as defined in Section 245.04(J). (3334-6/97) August 24,2004 Huntington Beach Zoning and Subdivision Ordinance Chapter 250 250-5 6/97 250.14 Map Requirements A. Tentative and Final Map. A tentative and final map shall be required for all subdivisions creating five or more parcels, five or more condominiums as defined in Section 783 of the Civic Code, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units. Exceptions as stated in Section 66426 of the Subdivision Map Act shall comply with Subsection B. B. Tentative and Parcel Map. A tentative and parcel map shall be required for all divisions of land into four or fewer parcels and exceptions stated in Section 66426 of the Subdivision Map Act. However parcel maps shall not be required for: 1. Subdivisions of a portion of the operating right-of-way of a railroad corporation, which are created by short-term leases terminable by either party on not more than 30 days' notice in writing. 2. Land conveyed to or from a governmental agency, public entity or public utility, or for land conveyed to a subsidiary of a public utility for conveyance to such public utility for rights-of-way, unless a showing is made by the Department in individual cases, upon substantial evidence, that public policy necessitates a parcel map. If a parcel map is not required, the dedication or offer must be indicated by a separate instrument. 3. Lot line adjustments,provided: a. No additional parcels or building sites are created; b. The resulting parcels conform to Titles 20-24 (Zoning) of this Code; C. The lot line adjustment shall not sever any existing structure on either of the two parcels. d. The lot line adjustment shall not allow a greater number of dwelling units than allowed prior to the adjustment. e. The lot line adjustment is approved by the Director or by the Planning Commission on appeal; and (3530-2/02) £ A plat map showing the lot line adjustment is prepared, approved, and filed in accord with the provisions of Section 253.24. 4. Parcel maps waived by the Zoning Administrator as provided by Section 251.20. C. Designation of Remainder Parcel. When a subdivision includes a remainder parcel as provided in Section 66424.6 of the Subdivision Map Act,the remainder parcel shall be in conformance with Titles 20-24 and shall require a Certificate of Compliance as provided by Section 258.06. August 24,2004 Huntington Beach Zoning and Subdivision Ordinance Chapter 250 250-6 2/02 250.16 Fees and Deposits All persons submitting maps as required by this chapter shall pay all fees and/or deposits as provided by this Title and by the City Council resolution establishing applicable fees and charges.