HomeMy WebLinkAboutNew Definitions, Expand Uses Permitted in Commercial Distric kut'o. ezed to Publish Advertisements of all kind.' including public
notices by Decree of the Superior Court of Orange County,
California, Number A-6214, dated 29 September. 1961. and PUBLIC NOTICE
A-24831, dated 11 June. 1963.
NOTICE OF
a PUBLIC
STATE OF CALIFORNIA HEARING
CODE
AMENDMENT
County of Orange puoUc Notice Aa.anu+ng co..a00 NO.87-13
by this araoawt n as in 7 point (Add New Definitions
Min 10 POCA column.math and Amend Unclassified
Uses/Commereial Uses)
NOTICE IS HEREBY
GIVEN that the Huntington
Beach City Council will hold
I am a Citizen of the United States and a resident of a public hering In the Council
chamber at the Huntington
the County aforesaid-, I am over the age of eighteen Beach civic center, 2000
1 Main Street, Huntington
years, and not a party to or interested in the below Beach, California, on the
date and at the time in-
entitled matter. I am a principal clerk of the Orange dicated below to receive and
consider the statements of
Coast DAILY PILOT, with which is combined the all persons who wish to be
heard relative to the appli-
NEWS-PRESS, a newspaper of general circulation, cation described below.
DATE:Monday,August 1,
printed and published in the City of Costa Mesa, i 1988
TIME:7:00 P.M.
County of Orange, State of California, and that a SUBJECT: code Amend-
ment 87-13
Notice of APPLICANT:City of Hunt-
Ington Beach
Public Hearing LOCATION:City-wide i
PROPOSAL: To amend]
Articles 908,922,and 963 of 7
the Huntington Beach Ordi-
of which co attached hereto is a true and complete nanceCodetoaddnew,defl-
Pynitions, expand the uses,
copy, was printed and published in the Costa Mesa, permitted in commercial dis-
tricts and amend'required
ort Beach, Huntington Beach, Fountain Valley, provisions pertaining to un-
New
P 9 Y �classified uses.
ENVIRONMENTAL
Irvine, the South Coast communities and Laguna STATUS: Categorically Ex-
pursuant to
Beach issues of said newspaper for one day_ " 1 300 4 from the provisitons
of the California En-
t?tJAt?[W@C$to wit the issue(s) of vironmental Quality Act.
ON FILE: A copy of the
proposed request Is on file In
the Department of Com-
munity Development, 2000
Main Street, Huntington
July 21 198 g Beach,California 92648.for
Inspection by the public. A_
copy of the staff report will;'
be available to Interested,
198 parties at City Hall or the
Main City Library, 7111
Talbert Avenue)
(1 ALL INTERESTED PER-1
198 SONS are Invited to attend
said hearing and express
E opinions or submit evidence
for or against the application j
198 as outlined above. For
further, information, please
call Susan Pierce,Associate
Planner;. Community De-
198 velopment Department,
536-5271.
HUNTINGTON BEACH
CITY COUNCIL,By:Connie
Brockway, City Clerk,
04
1 declare, under penalty ofperjury, that the Phone shed Orange
P Y Published Orange Coast
foregoing is true and correct. Daily Pilot July 21,1988
Th818
Executed on July 21 1988
at Costa Mesa, California.
Signature /
9a6o 41 Atow7f
PROOF OF PUBLICATION
'2
REQUEST FOR CITY COUNCIL ACTION
Date filly S, 19RR
Honorable Mayor and City Council
Submitted to:
Paul E. Cook, City Administrator
Submitted by:
Douglas La Belle, Director of Community Development
Prepared by:
CODE AMENDMENT NO 87-13
Subject: UNCLASSIFIED AND COMMERCIAL USES
Consistent with Council Policy? LA" es [ ] New Policy or Exception
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions, Attachments:
STATEMENT OF ISSUE:
Transmitted for your consideration is Code Amendment No. 87-13 which amends Articles
908, 922 and.963 of the Huntington Beach Ordinance Code to add new definitions, expand
the uses permitted in commercial district, and amend required provisions pertaining to
unclassified uses. The Code Amendment was reviewed and approved by the Planning
Commission on June 7, 1988.
RECOMMENDATION:
Planning Commission action on June 7, 1988:
ON MOTION BY ORTEGA AND SECOND BY SLATES, THE PLANNING COMMISSION
VOTED TO APPROVE CODE AMENDMENT NO. 8.7-13 WITH THE FOLLOWING
FINDINGS AND RECOMMENDED ADOPTION BY THE CITY COUNCIL BY THE
FOLLOWING VOTE:
AYES: Ortega, Slates, Bourguignon, Livengood, Silva, Leipzig
NOES: None
ABSENT: Higgins
ABSTAIN: None
Findings for Approval:
1. Amendments to Article 963 of the Huntington Beach Ordinance Code requiring
compliance with base district development standards creates minimum requirements
necessary for conformance with general plan.
2. Amendments to Article 963'of the Huntington Beach Ordinance Code clarify
regulations for child day care facilities and allow discretion of Planning Commission
to impose more stringent security measures or parking requirements when deemed
appropriate.
3. Amendments to Article 963 of the Huntington Beach Ordinance Code to include
provisions to allow bed and breakfast inns creates specific requirements for
evaluation and provides an opportunity to encourage the continued use of
architectural or historical residences.
P10 5/85
4. Amendments to Articles 908 and 922 of the Huntington Beach Ordinance Code
creates a more systematic review, interpretation and entitlement process.
ANALYSIS:
Code Amendment No. 87-13 consists of three parts: expansion and amendment to
permitted uses in Articles 963 and 922 and addition of new definitions to Article 908.
The proposed revisions are summarized below:
ARTICLE 963
a. Base District Regulations: Presently, Article 963 does not mandate an
unclassified use be established in compliance with any other code
requirements such as setbacks, coverage, height. This requirement was
inadvertently omitted during the rewrite of this article. Staff proposes
to reinstate the requirement that base district regulations be applicable.
b. Private Schools: Recently a personal enrichment type of use (driving
offenders school) required review and approval of a conditional use
permit. Section 9080.112 defines a school (public or private) as an
institution providing academic instruction. By definition academic does
not include technical or vocational studies. Therefore, staff is
recommending amending private schools to reference elementary and
secondary schools only and add "Personal Enrichment Services over 2,500
Square Feet." Uses that are 2,500 square feet or less will be subject to a
use permit and included in Article 922, Commercial Districts. Parking
ratios for Personal Enrichment Services will be evaluated during the
parking code revisions. A new definition will be added to Article 908 to
identify these services to include schools or services for nannies, dance,
music, trade, etc. This size of facility is equal to that imposed on health
clubs.
C. Density Bonus: Section 65915(c) of the California Planning, Zoning and
Development Laws requires the City to grant a density bonus or similar
incentive to housing projects consisting of five or more dwelling units
when the project includes housing for low, moderate, or seniors. The
Ordinance Code does not include a mechanism for review of projects
when an entitlement is not otherwise required.
d. Clinics Over 2,500 Square Feet: Recently, the Planning Commission
approved a conditional use permit to establish a medical clinic (FHP
Senior Plan). A conditional use permit was required because the use was
more similar to a "hospital' than medical office due to size and amount
of services offered. However, the Code does not specifically permit
clinics. Staff proposes that clinics over 2,500 square feet or with
expanded hours of operation be required to comply with the conditional
use permit process.
e. Child Care Facilities: A new Section 9634, Child Care Facilities, has
been created with subsections which identify types of day care facilities
and specific provisions for establishment of said uses. Also, many of the
child care facilities (over 12 children) located in vacated public schools
have requested relief from masonry wall required around the outdoor
RCA — 7/5/88 —2— (0817d)
play area. Therefore, staff recommends that fencing be required but the
type of construction be determined during evaluation of the use in terms
of neighborhood compatibility and safety issues. Staff also recommends
the required parking be reduced from one space per six children to one
space per classroom plus one space per employee. Additional parking
may be required when the operation of,the use warrants the increase, i.e.
lack of shared parking on site.
f. Bed and Breakfast Inns: Staff has received numerous inquiries regarding
this type of use. This section would apply to existing single family
residences of historical significance only to be used as a bed and
breakfast inn or construct a residential type structure in a commercial
zone. These regulations are similar to those established in Anaheim and
Placentia.
g. Land Disposal Sites: Prohibition of land disposal sites in S1 district has
been included in Section 9630, listing of permitted uses.
h. Repetitive Phrase: Section 9630 requires a conditional use permit for all
unclassified uses; therefore other references to repetitive phrase
"subject to approval of a conditional use permit by the Planning
Commission" have been deleted.
ARTICLE 922
Add to the list of uses permitted by Use Permit. S. 9220.1(c) clinics and
personal enrichment services which are less than 2500 sq. ft.
ARTICLE 908
Add new definitions for personal enrichment services and bed and breakfast
inn.
ENVIRONMENTAL STATUS:
Code Amendment No. 87-13 is categorically exempt from the provisions of the
Environmental Quality Act.
FUNDING SOURCE:
Not applicable.
ALTERNATIVE ACTION:
Deny Code Amendment No. 87-13.
ATTACHMENTS:
1. Ordinance
2. Staff reports dated June 7, May 3, and April 19, 1988.
3. Planning Commission minutes of June 7, May 3, and April 19, 1988.
DLB:MA:SP:gbm
RCA — 7/5/88 —3— (0817d)
huntington beach department Of
community development
Af
REDORT _
TO: Planning Commission
FROM: Community Development
DATE: June 7, 1988
SUBJECT: CODE AMENDMENT NO. 87-13 (.CONTINUED FROM MAY 3, 1988
PLANNING COMMISSION MEETING)
APPLICANT: City of Huntington Beach
REQUEST: To amend Articles 908, 922 and 963 of the Huntington
Beach Ordinance Code to add new definitions, expand the
uses permitted in commercial districts and amend
required provisions pertaining to unclassified uses .
LOCATION: City-wide
1. 0 SUGGESTED ACTION:
Approve Code Amendment No. 87-13 with findings and forward to the
City Council for adoption.
2 . 0 ANALYSIS•
Code Amendment No. 87-13 was continued from the April 19 and May 3,
1988 Planning Commission meetings to revise the draft ordinance.
The revisions now include the following:
a. New Section 9634, Child Day Care Facilities, and
subsections which identify types of day care facilities and
specific provisions for establishment of said uses added to
section index.
b. Certification of the prohibition of land disposal sites in
S1 district included in Section 9630, listing of permitted
uses .
c. Section 9630 requires a conditional use permit for all
unclassified uses; therefore other references to repetitive
phrase "subject to approval of a conditional use permit by
the Planning Commission" have been deleted.
AdRk C-,�
A-FM-23C
3 . 0 RECOMMENDATION:
Staff recommends that the Planning Commission approve Code Amendment
No . 87-13 with the following findings and forward to the City
Council for adoption:
FINDINGS FOR APPROVAL:
1. Amendments to Article 963 of the Huntington Beach Ordinance
Code requiring compliance with base district development
standards creates minimum requirements necessary for
conformance with general plan.
2 . Amendments to Article 963 of the Huntington Beach Ordinance
Code clarify regulations for child day care facilities and
allow discretion of Planning Commission to impose more
stringent security measures or parking requirements when deemed
appropriate.
3 . Amendments to Article 963 of the Huntington Beach Ordinance
Code to include provisions to allow bed and breakfast inns
creates specific requirements for evaluation and provides an
opportunity to encourage the continued use of architectural or
historical residences .
4 . Amendments to Articles 908 and 922 of the Huntington Beach
Ordinance Code creates a more systematic review, interpretation
and entitlement process .
ATTACHMENTS:
1. Revised Draft Ordinance
2 . Staff Reports dated May 3, 1988, and April 19 , 1988
3 . State requirements - child day care facilities
SH:SP:kla
Staff Report - 6/7/88 -2- (0666d)
ADMINISTRATIVE DRAFT (#4)
4
CODE AMENDMENT NO. 87-13
(A THREE-PART AMENDMENT TO HUNTINGTON BEACH ORDINANCE CODE)
ARTICLE 963
UNCLASSIFIED USES
Sections :
9630 Permitted uses.
9631 Contractor' s storage yards/mulching operations.
9632 Landfill disposal sites.
9632 . 1 Landfill disposal sites/definitions .
9632 .2 Operations plan.
9632 .3 Approval of operations site.
9632 .4 Hazardous waste sites.
9632 .5 Operations .plan.
9632. 6 Exemptions .
9632. 7 Excavation activity prohibited.
9633 Wind energy conversion systems .
9634 Child Day Care Facilities
9634.1 Small Family Day Care Homes
9634 .2 Large Family Day Care Homes
9634.3 Day Care Centers
ME eX1Z I/QKfd6/PAJtXZXYY06r6
9635 Bed and Breakfast
9630 Permitted Uses. The following list includes uses that
possess characteristics of such unique and special form as to make
impractical their automatic inclusion as a permitted use in any
district . The location and operation of such uses shall be subject
to approval of a conditional use permit- by the Planning Commission
in compliance with base district development standards. any
additional provisions included herein, and any more restrictive
requirements imposed as conditions of approval. Uses marked with
an asterisk shall not be permitted in any residential district.
A. *Airports and heliports
B. Bed and Breakfast Inns pursuant to S.9635
C. Child Day Care Facilities pursuant to S.9634
Churches
Colleges, universities elementary
and secondary private or public schools.
(Minimum 10% of parking area shall be landscaped for _the
above uses . )
r ,
*Contractor ' s storage yards pursuant to Section 9631
*Convalescent hospitals and sanatoriums
*Commercial recreation and amusement enterprises, including
bowling alleys and skating rinks
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D. Density Bonus for residential projects (must have more than
five (5) permitted units)
G. *Golf driving ranges; miniature golf courses
H. *Health clubs over 2, 500 sq. ft .
Horticulture as defined in Article 908 and except as
provided elsewhere in this code.
Hospitals
K. *Kennels, animal hospitals or clinics
L. Land Disposal Sites, except in Sl district, pursuant to
S 32
M. *Medical or Dental Clinics over 2.500 Square Feet
*Mulching operations pursuant to Section 9631
Museums
O. *Open air or drive-in theaters
P. Parking lots as primary use or parking structures
*Post Offices
*Private clubs and lodges
*Personal Enrichment Services over 2500 square feet
Private recreation areas or other uses for exclusive use
of homeowners
Public utility substations of less than one acre,
excluding switchyards .
R. *Radio or television transmitters (commercial)
*Recreational vehicle parks subject to locational criteria
adopted by resolution.
*Rest homes
Retail nurseries conditional use permit
not required if in a commercial district)
Rooming or boarding houses, except in low density
residential districts
T. *Transportation terminals
Code Amendment No. 87-13 -2- (0646D)
.U. Utility facilities, public or private, including but not
limited to wastewater treatment plants, power
generating plants, and pump stations .
W. Wind energy conversion systems pursuant to Section 9633
9631 Contractor ' s storage yards/mulching operations .
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 A1616fd)fAY/off1A
�d�idtftd�I�X/ I�e/pefiiCf/by/fKe/FXalnriYrl�J/Qi6n[�SY�lgfdri 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 Article 960 .
9632 Landfill 'disposal sites: Excavation of landfills or land
disposal sites shall be subject to the (p1�f��f�X/r6f/ai/r�r6rl�IYfYeSrI�X
�I�e/per'ttitf/by/fNr�/PX�rIriY�lg/er6ctS�cSt��Y�rI,�/eif@egS�/iCri/fNe/SX/dY�fr`t�f,�
��(bje@f/f�/fMe requirements of this article. These provisions are
not intended to apply to grading and surcharging operations
permitted 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.
9632 . 1 Land disposal site/definitions . The following words
and phrases shall be construed as defined herein unless a different
meaning is apparent from the context:
(a) Excavation. Any activity and/or movement of material
which exposes waste to the atmosphere.
(b) 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.
9632 .2 Operations plan.
(a) 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 .
Code Amendment No. 87-13 -3- (0646D)
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.
(b) 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.
(c) Ambient air quality monitoring, as well as other
monitoring or testing deemed reasonably necessary, shall
be included in the operations plan.
9632 .3 Approval of operations plan.
(a) 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.
(b) 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.
9632 .4 Hazardous waste sites . For any land disposal site
determined to be a hazardous waste site by the state department of
health services and/or the City of Huntington Beach, the following
additional measures shall be taken prior to excavation of such site:
(a) All property owners within a one-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.
(b) 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.
(c) Excavation of the site shall be performed in accordance
with the requirements of the state department of health
services, and any other public agency with jurisdiction
over hazardous waste sites.
Code Amendment No. 87-13 -4- (0646D)
9632 . 5 Operations plans The operations plan 'shall contain the
following :
(a) 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 egcavatiori.
(b) 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 froth 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:
(c) A plan showing specific "routes for vehicles trarispbrting
hazardous wastes from the `site.
(d) A plan containing specific steps for restoration of the
site to a safe condition if excavation is terminated
prematurely:
9632 . 6 Exemptions : The following activities shall be exempt
from the requirements of this article unless otherwise determined by
the director.
(a) The drilling of holes up to twenty-four (24) inches in
diameter for telephone or power transmission poles or
their footings .
(b) The drilling of oil wells; gas wells or landfill gas
collection wells or the maintenance of gas or leachate
collection systems :
(c) /txxi
AtYlrtXe 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 tither agency having
jurisdiction over the site:
9632 . 7 Excavation activity prohibited:
(a) 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.
Code Amendment No. 87-13 . -5- (0646D)
(b) Compliance with the provisions of this article shall not
exempt any person from failing to comply with the
requirements of the California Health and Safely Code, and
any other applicable codes, rules or regulations .
9633 Wind energy conversions systems. Wind energy conversion
systems shall be subject to the following requirements:
(a) Wind energy conversion systems (WECS) shall be located
within the rear two-thirds (2/3) of a lot and shall comply
with any setback requirements in the base district . WECS
within residential districts shall have a base of four
square feet in area, and shall not encroach into required
open space. For WECS within a commercial or industrial
district, the minimum rear yard setback shall be twenty
(20) feet if adjacent to residentially zoned property.
The design of any WECS shall not create noise, strobing
effect, or similar nuisances that may be detrimental to
the immediate area. If the director determines that a
nuisance will be created, he shall designate in writing
steps or procedures that must be taken by the property
owner of operator to abate the potential nuisance.
(b) The height of the highest point of the WECS shall not
exceed sixty (60) feet from adjacent grade. The lowest
portion of the blades shall be no less than fifteen (15)
feet from grade.
(c) Each WECS shall be equipped with both manual and automatic
controls to limit the rotational speed of the blade within
the design limits of the rotor. The application must
include a statement by California-registered professional
engineer (subject to approval by the director) certifying
that the rotor and overspeed controls have been designed
and fabricated for the proposed use in accordance with
good engineering practices . The engineer should certify
the structural compatibility of the proposed tower and the
rotors .
(d) The WECS shall be operated such that no disruptive
electromagnetic interference is caused. If the director
determines that the system is causing harmful
interference, the operator shall promptly mitigate the
harmful interference upon written notification, to the
satisfaction of the director.
(e) For WECS which will be interconnected to a utility grid,
no wind turbine shall be installed until the utility
company has approved such installation in writing. A copy
of such installation in writing. A copy of such approval
shall be submitted to the director prior to installation
of the wind turbine. THe utility company shall be
notified of the installation of any WECS whether or not
the property owner or operator intends to connect the
system to a utility grid.
Code Amendment No. 87-13 -6- (0646D)
(f) If a WECS is not maintained in operational condition and
poses a potential safety hazard (as determined by the
director) , the owner or operator shall take expeditious
action to remedy the situation. The city may summarily
abate any such hazardous situation and pass the cost of
such abatement on to the owner or operator of the system.
If the city determines that the system has been abandoned
and poses a safety hazard, such system shall be removed by
the owner or operator of the system within thirty (30)
days of receipt of written notice.
(g) The permittee shall submit an annual statement by a
California-registered engineer, stating that the system,
including base and blades, is in sound working condition
and does not pose a hazard to the public health, safety or
welfare.
(h) The planning commission may impose further requirements as
deemed necessary due to special or unusual circumstances
of the location or proposed installation.
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9634. Child Day Care Facilities. Child day care facilities
which provide nonmedical care to children under 18 years of age on
less than a 24-hour basis include family day care homes and day care
centers.
9634.1 Small Family Day Care Homes. A single family residence
in which care is provided to six or fewer children shall be
considered a permitted use and shall comply with Orange County
social services requirements
9634 .2 Large Family Day Care Homes. A single family residence
in which care is provided to 7 to 12 children shall be subject to
the following provisions:
a. Seventy-five square feet of outdoor play area per child.
Thirty-five square feet of indoor play area per child.
Outdoor play area shall be grassed and enclosed by a six
foot high masonry wall . Any entry gate shall be securely
fastened.
b. The total enrollment for the family day care home shall
conform to state law.
c. . The applicant shall submit clearance from the fire
department and a copy of the Orange County social services
license, prior' to the operation . of the family day care
home.
d. Such facility shall not be located closer than 600 feet to
another large family day care home.
Code Amendment No. 87-13 -7- (0646D)
s
e. Garages shall not be used as a designated play area or
used in calculating minimum square footage in a family day
care home.
f . Loading and unloading of children from vehicles shall only
be permitted on the driveway, approved parking area or
directly in front of the facility.
g . The family day care home shall comply with all applicable
requirements of Chapter 8 .40, noise control of the
municipal code.
h. The Planning Commission reserves the right to revoke the
approval of a family day care home if a violation of the
conditions of approval occurs. All revocation proceedings
shall be preceded by a public hearing .
i . Approvals for family day care homes are non-transferable
and the dwelling unit shall be owner occupied.
j . A minimum of two on-site parking spaces shall be provided
in addition to the two required fully enclosed parking
spaces .
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9634.3 Day Care Centers. Day care centers including infant
centers. preschools, and extended day care facilities shall be
subject to the following provisions:
6 . Seventy-five square feet of outdoor play area per child.
Thirty-five square feet of indoor play area per child.
Outdoor play area shall be grassed and enclosed by a
minimum six foot high RIAA6XtY1s4AXX fence. Fencing
may be required to be masonry as determined by the
Planning Commission. Any gate entry shall be securely
fastened.
b. Minimum 10% of parking area shall be landscaped.
c. The total enrollment for the child care facility shall be
established by the Planning Commission.
d. Fire department clearance shall be obtained prior to the
operation of the child care facility.
e. Hours of operation shall be established by the Planning
Commission.
f . The applicant shall submit a copy of the Orange County
social services license prior to the operation of the
child care facility.
Code Amendment No. 87-13 -8- (0646D)
g . The applicant shall 6bta' ift a business lic6hsd ptio' k to the
operation of the child cake f6diiity.
h. Off-stroOt P6ikihj for child care f6ciliti66 shall'
be one parking 9iiadd per
staff rfi6mbei plus one Per classroom.
i . Loading and Wilciddihi of Chilidt"eh 9fidil 6riiy'-' bd ljdr* ifiitted
from approved ijakkiftq areas .
j . Children attending the day care facility shall be
restricted to degidhAdd play 6r,66§ drily; uni6sis
supdrvised by 6h adult.
k. the child care f6dii iitiy- 9-hi"ali comply with all applicable
te4bikeinehtg of Chapter 8 .40; noise control of the
municipal code.
1 . The PlafinHifid d6ffiffiis§i0fi rid§drVes the tight to revoke the
approval of a child cake facility if a Violation of the
conditions of approval oddiir8i All revocation proceedings
shall be Ptedodbd by a jjd8lid hearing:
9635. Bed and nd Breakfast inns. bed and breakfast inns are
subject to the following provisions:
a. The use shall be located ih a building of residential
design having 6 ifiihifthiM of 2A060 9466kd feet of
residential floor area which has no 10s:§ than 3 and no
more than 6 lodging iodifis and dhe common room available
. for social ifiidrddtidh And 9drViriq of breakfast meal.
b. An 6s4fieij ifiShAdbrt ptdjjk-idtdfc or tbitieiakdr shall tesido on
the subject site at all times,
_q. No cooking facilities 9fiali be Oetifiift6d in any guest
rooms.
d. No meals shall be served to guests other than breakfast.
Said breakfast, if SdtVddj shall be served bhlV to
registered overnight quests.
e. No guest shall 66 beitrfiijttd to f6fit accommodations or
remain in occupancy for a period in excess of fourteen
(14) days during" any consecutive ninety (90) day Period,
f The use May be permitted in any single-family residence in
any zone deemed by the City tb be of atchiteCtiUr6i or
historical significance and iri compliance with the Uniform
BIdIdihq Coded 66 adopted by the Cit3t,
g-. Parking shall be one enclosed space for owner/manager; one
space for each guest rbdrfi used for sleeping pukooses; and
one space for visitor parking
Code Amendment No. 87-13 (0646D)
I
h. Signage shall be limited to either one wall sign not more
than two (2) square feet in area, or one freestanding sign
not more than two (2) square feet in area and not more
than 3 .5 (three and one-half) feet in height. Sign
wording shall be limited to identifying the name and
address of the facility.
i. Prior to application, an applicant shall pay the required
fee and request an inspection of the property by the
Building Official to determine compliance with current
building and zoning codes. The Building Official shall
file a written report indicating, if necessary, the nature
and amount of work required to have the subject site and
structure comply with current codes.
J . Prior to commencing the use, a business license and
certificate of occupancy shall be obtained.
DEFINITIONS TO BE ADDED TO ARTICLE 908
(1) Bed and Breakfast Inn. A residential dwelling in which rooms
are rented to paying guests on an overnight basis with
breakfast served daily, the entire service to be for one
Stated price for a total Period of time not to exceed 14 days
during any consecutive 90 day period. Bed and Breakfast Inn
does not include rest homes, convalescent homes. hotels,
motels or boarding houses.
(2) Personal Enrichment Services. Provision of instructional
services or facilities, including but not limited to, fine
arts, crafts, dance or music studios, driving schools, and
business or trade schools except those leading to a degree as
defined by the State of California Education Code.
USES ADDED TO ARTICLE 922
S. 9220 . 1(c)
C. Clinics with less than 2500 sq. ft.
P. Personal Enrichment Service with less than 2500 sq, ft.
Code Amendment No. 87-13 -10- (0646D)
huntington beach department of community development
STAf f
imEPOR
TO: Planning Commission
FROM: Community Development
DATE: May 3, 1988
SUBJECT: CODE AMENDMENT NO. 87-13 - UNCLASSIFIED USES,
COMMERCIAL USES, AND NEW DEFINITIONS (CONTINUED FROM
THE APRIL 19, 1988 PLANNING COMMISSION MEETING)
APPLICANT: City of Huntington Beach
REQUEST: To amend Articles 908, 922 and 963 of the Huntington
Beach Ordinance Code to add new definitions, expand the
uses permitted in commercial districts and amend
required provisions pertaining to unclassified uses .
LOCATION: City-wide
1. 0 SUGGESTED ACTION:
Continue Code Amendment No. 87-13 to the May 17, 1988 Planning
Commission meeting .to allow additional time to revise the proposed
ordinance as directed by the Planning Commission.
ATTACHMENT:
. Staff Report dated April 19, 1988
SH:SP:kla
(0292d)
1
A-FM-23C
huntington beach department-of community development
off
REPORT
TO: Planning Commission
FROM: Community Development
DATE: April 19, 1988
SUBJECT: CODE AMENDMENT NO. 87-13 - UNCLASSIFIED USES,
COMMERCIAL USES, AND NEW DEFINITIONS (CONTINUED FROM
THE APRIL 5, 1988 PLANNING COMMISSION MEETING)
APPLICANT: City of Huntington Beach
REQUEST: To amend Articles 908, 922 and 963 of the Huntington
Beach Ordinance Code to add new definitions, expand the
uses permitted in commercial districts and amend
required provisions pertaining to unclassified uses .
LOCATION: City-wide
1 . 0 SUGGESTED ACTION:
Approve Code Amendment No. 87-13 and forward to the City Council for
adoption.
2 . 0 GENERAL INFORMATION:
This item was continued from the April 5, 1988 Planning Commission
meeting. Code Amendment No. 87-13 proposes to expand and amend uses
permitted by 'conditional use permit listed under Unclassified Uses -
Article 963 and uses permitted by use permit in Commercial
Districts - Article 922 and add new definitions to Article 908.
This code amendment was informally discussed at the February 17,
1988 Planning Commission meeting.
3 . 0 ENVIRONMENTAL STATUS:
The proposed code amendment is categorically exempt pursuant to
Section 15300.4 from the provisions of the California Environmental
Quality Act.
4 . 0 ISSUES AND ANALYSIS:
Code Amendment No. 87-13 consists of three parts: expansion and
amendment to permitted uses in Article 963 and Article 922 and
addition of new definitions to Article 908.
A-F M-23C
The proposed revisions are summarized below:
ARTICLE 963
a . Base District Regulations : Presently, Article 963 does not
mandate an unclassified use be established in compliance with
any other code requirements such as setbacks, coverage,
height . This requirement was inadvertently omitted during the
rewrite of this article. Staff proposes to reinstate the
requirement that base district regulations be applicable.
b. Private Schools: Recently a personal enrichment type of use
(driving offenders school) required review and approval of a
conditional use permit. Section 9080 . 112 defines a school
(public or private) as an institution providing academic
instruction. By definition academic does not include technical
or vocational studies . Therefore, staff is recommending
amending private schools to reference elementary and secondary
schools only and add "Personal Enrichment Services over 2, 500
Square Feet. " Uses that are 2, 500 square feet or less will be
subject to a use permit and included in Article 922, Commercial
Districts . Parking ratios for Personal Enrichment Services
will be evaluated during the parking code revisions . A new
definition will be added to Article 908 to identify these
services to include schools or services for nannies, dance,
music, trade, etc. This size of facility is equal to that
imposed on health clubs.
C. Density Bonus : Section 65915(c) of the California Planning,
pm Zoning and Develoent Laws requires the City to grant a
density bonus or similar incentive to housing projects
consisting of- five or more dwelling units when the project
includes' housing, for low, moderate, or seniors . The Ordinance
Code does not include a mechanism for review of projects when
an entitlement is not otherwise required.
d. Clinics Over 2, 500 Square Feet : Recently, the Planning
Commission approved a conditional use permit to establish a
medical clinic (FHP Senior Plan) . A conditional use permit was
required because the use was more similar to a "hospital" than
medical office due to size and amount of services offered.
However, the Code does not specifically permit clinics . Staff
proposes that clinics over 2, 500 square feet or with expanded
hours of operation be required to comply with the conditional
use permit process .
e. Child Care Facilities : Many of the child care facilities (over
12 children) located in vacated public schools have requested
relief from masonry wall required around the outdoor play
area. Therefore, staff recommends that fencing be required but
the type of construction be determined during evaluation� of the
Staff Report -. 4/19/88 -2- (0292d)
use in terms of neighborhood compatibility and safety issues .
Staff also recommends the required parking be reduced from one
space per six children to one space per classroom plus one
space per employee. Additional parking may be required when
the operation of the use warrants the increase, i .e. lack of
shared parking on site.
f . Bed and Breakfast Inns : Staff has received numerous inquiries
regarding this type of use. This section would apply to
existing single family residences of historical significance
only to be used as a bed and breakfast inn or construct a
residential type structure in a commercial zone. These
regulations are similar to those established in Anaheim and
Placentia.
ARTICLE 922
Add to the list of uses permitted by Use Permit. S. 9220 . 1(c).
clinics and personal enrichment services which are less than
2500 sq. ft.
ARTICLE 908
Add new definitions for personal enrichment services and bed and
breakfast inn.
RECOMMENDATION•
Staff recommends the Planning Commission approve Code Amendment No.
87-12 and forward to the City Council for adoption.
ATTACHMENTS:
1. Draft Ordinances
MA:SP:gbm
Staff Report - 4/19/88 -3- (0292d)
umDRAFT # 3
CODE AMENDMENT NO. 87-13
(A THREE-PART AMENDMENT TO HUNTINGTON BEACH ORDINANCE CODE)
ARTICLE 963
UNCLASSIFIED USES
Sections :
9630 Permitted uses :
9631 Contractor ' s storage yards/mulching operations .
9632 Landfill disposal sites .
9632 . 1 Landfill disposal sites/definitions .
9632 . 2 Operations plan.
9632 .3 Approval of operations site.
9632 .4 Hazardous waste sites .
9632 . 5 Operations plan.
9632 . 6 Exemptions .
9632 . 7 Excavation activity prohibited.
9633 Wind energy conversion systems .
9634 Family Day Care homes
9635 Child Care facilities
9636 Bed and Breakfast
9630 Permitted Uses . The following list includes uses that
possess characteristics of such unique and special form as to make
impractical their automatic inclusion as a permitted use in any
district . The location and operation of such uses shall be subject
to approval of a conditional use permit by the Planning Commission
in compliance with base district development 'standards, any
additional provisions included herein, and any more restrictive
requirements imposed as conditions of approval. Uses marked with
an asterisk shall not be permitted in any residential district.
A. *Airports and heliports
B. Bed and Breakfast Inns pursuant to 5.9636
C. Churches
Colleges, universities elementary
and secondary private or public schools .
(Minimum 10% of parking area shall be landscaped for the
above uses . )
*Contractor ' s storage yards pursuant to Section 9631
*Convalescent hospitals and sanatoriums
*Commercial recreation and amusement enterprises, including
bowling alleys and skating rinks
D. Day care uses . Family day care homes for more than six
children pursuant to Section 9634 . Child care facilities
other than family day care homes pursuant to Section 9635 .
Density Bonus for residential projects (must have more than
five (5) permitted units) .
G. *Golf driving ranges; miniature golf courses
H. *Health clubs over 2, 500 sq. ft .
Horticulture as defined in Article 908 and except as
provided elsewhere in this code.
Hospitals
K. *Kennels, animal hospitals or clinics
M. *Medical or Dental Clinics over 2,500 Square Feet
*Mulching operations pursuant to Section 9631
Museums
O. *Open air or drive-in theaters
P. Parking lots as primary use or parking structures
*Post Offices
*Private clubs and lodges
*Personal Enrichment Services over 2500 sq. ft.
Private recreation areas or other uses for exclusive use
of homeowners
Public utility substations of less than one acre,
excluding switchyards .
R. *Radio or television transmitters (commercial)
*Recreational vehicle. parks subject to locational criteria
adopted by resolution.
*Rest homes
Retail nurseries conditional use permit
not required if in a commercial district)
Rooming or boarding houses, except in low density
residential districts
T. *Transportation terminals
U. Utility facilities, public or private, including but not
limited to wastewater treatment plants, power
generating plants, and pump stations .
W. Wind energy conversion systems pursuant to Section 9633
Code Amendment No. 87-13 -7- (0646D)
V
9631 Contractor ' s storage yards/mulching operations .
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 approval of a
conditional use permit by the Planning Commission:
(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 Article 960 .
9632 Landfill disposal sites . Excavation of landfills or land
disposal sites shall be, subject to the approval of a conditional use
permit by the Planning Commission, except in the S1 district,
subject to the requirements of this article. These provisions are
not intended to apply to grading and surcharging operations
permitted 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 .
9632 . 1 Land disposal site/definitions . The following words ' '
and phrases shall be construed as defined herein unless a different
meaning is apparent from the context:
(a) Excavation. Any activity and/or movement of material
which exposes waste to the atmosphere.
(b) 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.
9632 .2 Operations plan.
(a) 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.
Code Amendment No. 87-13 -8- (0646D)
(b) 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.
(c) Ambient air quality monitoring, as well as other
monitoring or testing deemed reasonably necessary, shall
be included in the operations plan.
9632 .3 Approval of operations plan.
(a) 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.
(b) 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.
9632 .4 Hazardous waste sites . For any land disposal site
determined to be a hazardous waste site by the state department of
health services and/or the City of Huntington Beach, the following
additional measures shall be taken prior to excavation of such site:
(a) All property owners within a one-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.
(b) 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.
(c) Excavation of the. site shall be performed in accordance
with the requirements of the state department of health
services, and any other public agency with jurisdiction
over hazardous waste sites.
9632 . 5 Operations plan. The operations plan shall contain the
following: .
(a) 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.
Code Amendment No. 87-13 -9- (0646D)
(b) A plan containing specific measures to monitor air quality
to be implemented during excavation to prevent the
ter'
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.
(c) A plan showing specific routes for vehicles transporting .
hazardous wastes from the site.
(d) A plan containing specific steps for restoration of the
site to a safe condition if excavation is terminated
prematurely.
9632 . 6 Exemptions . The following activities shall be exempt
from the requirements of this article unless otherwise determined by
the director.
(a) The drilling of holes up to twenty-four (24) inches in
diameter for telephone or power transmission poles or
their footings .
(b) The drilling of oil wells, gas wells or landfill gas
collection wells or the maintenance of gas or leachate
collection systems .
(c) The city may exempt from the requirements of this article
any excavation activity which has been determined 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.
9632 . 7 Excavation activity prohibited.
(a) 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 .
(b) Compliance with the provisions of this article shall not
exempt any person from failing to comply with the
requirements of . the California Health and Safely Code, and
any other applicable codes, rules or regulations.,
9633 Wind energy conversions systems. Wind energy conversion
systems shall be ,subject. to the following requirements:
(a) Wind energy conversion systems (WECS) shall be located
within the rear two-thirds (2/3) of a lot and shall comply
with any setback requirements in the base district . WECS
Code Amendment No. 87-13 -10- (0646D)
within residential districts shall. have a base of four
square feet in area, and shall not encroach into required.
open space. For WECS within a commercial or industrial
district, the minimum rear yard setback shall be twenty
(20) feet if adjacent to residentially zoned property.
The design of any WECS shall not create noise, strobing
effect, or similar nuisances that may be detrimental to
the immediate area. If the director determines that a
nuisance will be created, he shall designate in writing
steps or procedures that must be taken by the property
owner of operator to abate the potential nuisance.
(b) The height of the highest point of the WECS shall not
exceed sixty (60) feet from adjacent grade. The lowest
portion of the blades shall be no less than fifteen (15)
feet from grade.
(c) Each WECS shall be equipped with both manual and automatic
controls to limit the rotational speed of the blade within
the design limits of the rotor. The application must
include a statement by California-registered professional
engineer (subject to approval by the director) certifying
that the rotor and overspeed controls have been designed
and fabricated for the proposed use in accordance with
good engineering practices . The engineer should certify
the structural compatibility of the proposed tower and the
rotors .
(d) The WECS shall be operated such that no disruptive
electromagnetic interference is caused. If the director
determines that the system is causing harmful
interference, the operator shall promptly mitigate the
harmful interference upon written notification, to the
satisfaction of the director.
(e) For WECS which will be interconnected to a utility grid,
no wind turbine shall be installed until the utility
company has approved such installation in writing. A copy
. of such installation in writing. A copy of such approval
shall be submitted to the director prior to installation
of the wind turbine. THe utility company shall be
notified of the installation of any WECS whether or not
the property owner or operator intends to connect the
system to a utility grid.
(f) If a WECS is not maintained in operational condition and
poses a potential safety hazard (as determined by the
director) , the owner or operator shall take expeditious
action to remedy the situation. The city may summarily
abate any such hazardous situation and pass the cost of
such abatement on to the owner or operator of the system.
If the city determines that the system has been abandoned
and poses a safety hazard, such system shall be removed by
the owner or operator of the system within thirty (30)
days of receipt of written notice.
Code Amendment No.87-13 -11- (0646D)
The permittee shall submit an annual statement by a
California-req;stered engineer, stating that the system,
including base and blades, is in sound working condition
and does' not pose a hazard to, thepublic health, safety or
welfare.
(h) The planningimpose further requirements as
, commission may
deemed neces'sar'ydue' to special or unusual circumstances
of the location or proposed installation.
9634 Family Day Care. family day care homes for RidtO/kHAA
919 7 - 12 children AtO shall be subject to the following
i4
provisions :
a. Seventy-five square feet of outdoor play area per child.
Thirty-five square feet of indoor play area per child.
Outdoor play area shall be grassed and enclosed by a six
foot high masonry wall. Any entry gate shall be securely
fastened.
b. The total enrollment for the family day care home shall
conform to state law.
c. The applicant shall submit clearance from the fire
department and a copy of the Orange County social services
license, prior to the operation of the family day care
home.
d. Such facility shall not be located closer than 600 feet to
another large family day care home.
e. Garages shall not be used as a designated play area or
used in 6a,''l-c'u' la,ting minimum square footage in a family day
care home.
f . Loading and unloading of children from vehicles shall only
be permitted on the driveway, approved parking area or
directly in front of the facility.
g. The family day care home shall comply with all applicable
requirements of Chapter 8.40, noise control of the
municipal code.
h. The Planning Commission reserves the right to revoke the
approval of a family clay care home if a 'violation of the
'conditions of approval occurs. All revocation proceedings
shall be preceded by a public hearing.
i . Approvals for family day care homes are non-transferable
and the dwelling unit shall be owner occupie
d.
j . A minimum of two on-site parking spaces shall be provided
'in addition to the two required fully enclosed parking
spaces.
Code Amendment No. 87-13 -12- (0046D)
9635 Child Care facilities . Child care facilities other than
family day care homes Afd shall be subject to the following
provisions :
a . Seventy-five square feet of outdoor play area per child.
Thirty-five square feet of indoor play area per child.
Outdoor play area shall be grassed and enclosed by a
minimum six foot high ;dAj9 dtY/0AZZ fence. Fencing
may be required to be masonry. Any gate entry shall be
securely fastened.
b. Minimum 10% of parking area shall be landscaped.
c . The total enrollment for the child care facility shall be
established by the Planning Commission.
d. Fire department clearance shall be obtained prior to the
operation of the child care facility.
e. Hours of operation shall be established by the Planning
Commission.
f . The applicant shall submit a copy of the Orange County
social services license prior to the operation of the
child care facility.
g. The applicant shall obtain a business license prior to the
operation of, the child care facility.
h. Off-street parking for child care facilities shall
/�6��M/X�`xY�1C�/gBB,I be one parking space per
staff member plus one per classroom.
i . Loading and unloading of children shall only be permitted
from approved parking areas .
j . Children attending the day care facility shall be
restricted to designated play areas only, unless
supervised by an adult .
k. The child care facility shall comply with all applicable
requirements of Chapter 8 .40, noise control of the
municipal code.
1 . The Planning Commission reserves the right to revoke the
approval of a child care facility if a violation of the
conditions of approval occurs . All revocation proceedings
shall be preceded by a public hearing.
Code Amendment No. 87-13 -13- (0646D)
9636. Bed and Breakfast Inns are subject to the following
provisions:
a. The use shall be located in a building of residential
design having a minimum of 2,000 square feet of
residential floor area which has no less than 3 and no
more than 6 lodging rooms and one common room available
for social interaction and serving of breakfast meal.
b. An owner, manager, proprietor or caretaker shall reside on
the subject site at all times.
c. No cooking facilities shall be permitted in any guest
rooms.
d. No meals shall be served to guests other than breakfast,
said breakfast, if served, shall be served only to
registered overnight guests.
e. No guest shall be permitted to rent accommodations or
remain in occupancy for a period in excess of fourteen
(14) days during any consecutive ninety (90) day period.
f. The use may be permitted in any single-family residence in
any zone deemed by the City to be of architectural or
historical significance and in compliance with the Uniform
Building Codes as adopted by the City.
g. Parking shall be one enclosed space for owner/manages; one
space for each guest room used for sleeping purposes; and
one space for visitor parking.
h. Signage shall be limited to either one wall sign not more
than two (2) square feet in area, or one freestanding sign
not more than two (2) square feet in area and not more
than 3.5 (three and one-half) feet in height. Sign
wording shall be limited to identifying the name and
address of the facility.
i. Prior to application, an applicant shall pay the required
fee and request an inspection of the property by the
Building Official to determine compliance with current
building and zoning codes. The Building Official shall
file a written report indicating, if necessary, the nature
And amount of work required to have the subject site and
structure comply with current codes.
j . Prior to commencing the use, a business license and
certificate of occupancy shall be obtained.
Code Amendment No. 87-13 -14- (0646D)
DEFINITIONS TO BE ADDED TO ARTICLE 908
(1) Bed and Breakfast Inn. A residential dwelling in which rooms
are rented to paying guests on an overnight basis with
breakfast served daily, the entire service to be for one
stated price for a total period of time not to exceed 14 days .
during any consecutive 90 day period. Bed and Breakfast Inn
does not. include rest homes, convalescent homes, hotels,
motels or boarding houses.
(2) Personal Enrichment Services. Provision of instructional
services or facilities, including but not limited to, fine
arts, crafts, dance or music studios, driving schools, and
business or trade schools except those leading to a degree as
defined by the State of California Education Code.
USE ADDED TO ARTICLE 922
S. 9220 . 1(c)
C. Clinics with less than 2500 sq. ft.
P. Personal Enrichment Service with less than 2500 sq. ft.
Code Amendment No. 87-13 -15- (0646D)
T .
ZONING OF FAMILY DRY CARE B01IFS
(Excerpts from Chapter 3.4 and 3.6, Division 2 of
the Health and Safety Code)
Title 1596 .70. This chapter and Chapters 3. 5
(commencing with Section 1596.90) , and 3.6
(commencing with Section 1597.30) may be cited as
the California Child Day Care Facilities Act.
(Added by Stats. 1984, Ch. 1615. Amended by
Stats. 1985, Ch. 1064.)
Applicability 1596.71. The provisions of this chapter apply
to Chapters 3.5 (cc miencing with Section 1596.90)
and 3.6 (commencing with Section 1597.30) .
(Added by Stats. 1984, Ch. 1615.)
Legislative intent 1596.72. The Legislature finds all of the
following:
( a) That child day care facilities can
contribute positively to a child's emotional,
cognitive, and educational development.
(b) That it is the intent of this state to
provide a comprehensive, quality system for
licensing child day care facilities to
ensure a quality day care environment.
(c) That this system of licensure requires a
special understanding of the unique
characteristics and needs of the children served
by day care facilities.
(d) That it is the intent of the Legislature to
establish within the State Department of Social
Services an organizational structure to separate
licensing of child day care facilities
from those facility types administered under
Chapter 3 (commencing with Section 1500) .
(e) That good quality child day care services
are an essential service for working parents.
(Added by Stats. 1984, Ch. 1615. Amended by
Stats. 1985, Ch. 1064.)
Purpose 1596.73. the purposes of this act are to:
(a) Streamline the administration of child care
licensing and thereby increase the efficiency and
effectiveness of this system.
(b) Encourage the development of licensing
staff with knowledge and understanding of
children and child care needs.
431
(c) Provide providers of child care with
technical assistance about licensing
requirements. '
(d) Enhance consumer awareness of licensing
requirements and the benefits of licensed child
care.
(e) Recognize that affordable, quality licensed
child care is critical to the well-being of
parents and children in this state.
(Added by Stats. 1984, Ch. 1615. Amended by
Stats. 1985, Ch. 1064.)
Definitions: 1596.74. Unless the context otherwise
requires, the definitions contained in this
chapter govern the construction of this chapter
and Chapters 3. 5 (commencing with Section
1596. 90) and 3 .6 (commencing with Section
1597.30) .
(Added by Stats. 1984, Ch. 1615.)
"Child" 1596.75. "Child" means a person who is under
18 years of age who is being provided care and
supervision in a child day care facility, except
where otherwise specified in this act.
(Added by Stats. 1984, Ch. 1615.)
"Child day care 1596.750. "Child day care facility" means a
facility" facility which provides nonmedical care to
children under 18 years of age in need of
personal services, supervision, or assistance
essential for sustaining the activities of daily
living or for the protection of the individual on
less than a 24-hour basis. Child day care
facility includes day care centers and family day
care hones.
(Added by Stats. 1984, Ch. 1615.)
"Day care center" 15%.76. "Day care center" means any child day
care facility other than a family day care home,
and includes infant centers, preschools, and
extended day care facilities.
(Added by Stats. 1984, Ch. 1615.)
"Department" 1596 . 77. "Department" means the State
Department of Social Services.
(Added by Stats. 1984, Ch. 1615.)
"Director" 1596.770. "Director" means the Director of
Social Services.
(Added by Stats. 1984, Ch. 1615.)
"Family day care home" 1596.78. "Family day care hone" means a hone
which regularly provides care, protection, and
supervision of 12 or fewer children, in the
provider's own home, for periods of less than 24
hours per day, while the parents or guardians are
away, and includes the following:
"Large family day care .(1) "Large family day care home" which means a
home" home which provides family day care to 7 to 12
children, inclusive, including children who
reside at the home, as defined in regulations.
432
"Small family day care (2) "Small family day care hone" which means a
home" home which provides family day care to six or
fewer children, including children who reside at
the hone, as defined in regulations.
(Added by Stats. 1984, Ch. 1615.)
"Person" 1596.79. "Person" means an individual ,
partnership, association, corporation, or
governmental entity, such as the state, a county,
city , special district , school district,
community college district, chartered city, or
chartered city and county.
(Added by St at s. 19 84, Ch. 1615. Amended by
Stats. 1985, Ch. 1064.)
"Planning agency" 1506.790. "Planning agency" means the agency
designated pursuant to Section 65100 of the
Government Code.
(Added by Stats. 1984, Ch. 1615.)
"Provider" 1596.791. "Provider" means a person who
operates a child day care facility and is
licensed pursuant to Chapter 3.5 (cammencing with
Section 1596.90) or 3.6 (commencing with Section
1597.30) .
(Added by Stats. 1984, Ch. 1615.)
"Inapplicability" 1596.792. This chapter and Chapters 3. 5
(commencing with Section 1596.90) and 3.6
(commencing with Section 1597.30) do not apply to
any of the following:
(a) Any health facilities, as defined by
Section 1250.
(b) Any clinic, as defined by Section 1202.
(c) Any community care facility, as defined by
Section 1502.
(d) Any family day care hcme providing care for
the children of only one family in addition to
the operator's own children.
(e) Any cooperative arrangement between parents
for the care of their children *** where no
payment *** is involved and the arrangement meets
all of the following conditions:
(1) In a cooperative arrangement, parents shall
combine their efforts so that each parent, or set
of parents, rotates as the responsible care-giver
with respect to all the children in the
cooperative.
(2) Any person caring for children shall be a
parent, legal guardian, stepparent, grandparent,
aunt, uncle, or adult sibling of at least clue of
the children in the cooperative.
(3) There can be no payment of matey or receipt
of ice-kind income in exchange for the provision
of care. This does not prohibit in-kind
contributions of snacks, games, toys, blankets
for napping,",pillows and other materials parents
deem appropriate for their children. It is not
433
the intent of this paragraph to prohibit payment
for outside activities, the mount of which may
not exceed the actual cost of the activity.
(4) Care may only be provided in the home of a
parent, legal guardian, stepparent,, grandparent,
aunt, uncle, or adult sibling of at least one of
the children in the cooperative.
(5) No more than 12 children are receiving
care in the same hone at the same time.
(f) Any arrangement for the receiving and care
of children by a relative.
(g) Any public recreation program. "Public
recreation program" means a program operated by
the state, city, county, special district, school
district, community college district, chartered
city, or chartered city and county which meets
either of the following criteria:
(1) The program is provided for children over
the age of four years and nine months and is in
operation for either of the following periods:
(A) For under 13 hours per week.
(B) For more than 12 hours per week and is for
12 weeks or less per year in duration.
(2) The.program is provided to children under
the age of four years and nine months with
sessions which run 12 hours per week or less and
are 12 weeks or less in duration.
(h) *** Extended day care programs operated by
public or private schools.
(Added by Stats. 1984, Ch. 1615. Amended by
Stats. 1985, Ch. 1064; Stats. 1987, Ch. 1487.)
"Exemption of specific 1596.793. This chapter and Chapters 3. 5
recreation programs" (commencing with Section 1596.90) and 3.6-
(commencing with Section 1597.30) do not apply to
recreation programs conducted for children by the
Girl Scouts, Boy Scouts, Boys Club, _Girls Club,
or Camp Fire, or similar organizations as
determined by regulations of the department.
Child day care programs conducted by these
organizations and the fees charged for that
specific purpose are subject to the requirements
of this chapter, Chapter 3. 5 (commencing with
Section 1596.90) , and Chapter 3.6 (commencing
with Section 1597.30) .
(Added by Stats. 1985, Ch. 1110; Amended by
Stats. 1986, Ch. 714.)
"No smoking ordinance" 1596.795. Notwithstanding any other provision
of law, a city or county may enforce its
ordinance regulating the smoking of tobacco in a
private residence which is licensed as a child
day care facility during the hours of operation
as a child day care facility with respect .to
those areas of the facility where children are
present.
(Added by Stats. 1986, Ch. 407.)
434
(Excerpts from Chapter 3.6)
Repealer Mote: Chapter 3.6 , Division 2 of the Health
and Safety Code is repealed on July 1 , 1989,
under the provisions of Health and Safety ODde
Section 1597.6 5.
-(Section 1597.35 Repealed by Stats. 1984, Ch.
1615.)
Policy 1597.40. (a) It is the intent of the
Legislature that family day care homes for
children must be situated in normal residential
surroundings so as to give children the home
environment which is conducive to healthy and
safe development. It is the public policy of
this state to provide children in a family day
care home the same home environment as provided
in a traditional home setting.
The Legislature declares this policy to be of
statewide concern with the purpose of occupying
the field to the exclusion of municipal zoning,
building and fire codes and regulations governing
the use of occupancy of family day care hones for
children, except as specifically provided for in
this chapter, and to prohibit any restrictions
relating to the use of single-family residences
for family day care hones for children except as
provided by this chapter.
(b) Every provision in a written instrument
entered into relating to real property which
purports to forbid or restrict the conveyance,
encumbrance, leasing, or mortgaging of such real
property for use or occupancy as a family day
care home for children, is void and every
restriction or prohibition in .any such written
instrument as to the use or occupancy of the
property as a family day care home for children
is void.
(c) Every restriction or prohibition entered
into, whether by way of covenant, condition upon
use or occupancy, or upon transfer of title to
real property, which restricts or prohibits
directly, or indirectly limits, the acquisition,
use, or occupancy of such property for a family
day care hone for children is void.
• (Renumbered--formerly 1597.501--and Amended by
Stats. 1983, Ch. 1233.)
Applicable to small 159 7.45. All of the following shall apply to
family day -mall family day care homes:
care homes (a) The use of single-family residence as a
small family day care home shall be .considered a
residential use of property for the purposes of
all local ordinances.
435
(b) No local jurisdiction shall impose any
business license, -fee, or tax for the privilege
of operating a small family day care home.
(c) Use of a single-family dwelling for
purposes of a small family day care hone shall
not constitute a change of occupancy for purposes
of Part 1.5 (commencing with Section 17910) of
Division 13 (State Housing Law) or for purposes
of local building codes.
(d) A small family day care home shall not be
subject to the provisions of Article 1
(commencing with Section 13100) or Article 2
(commencing with Section 13140) of Chapter 1 of
Part 2, except that a small family day care home
shall contain a fire extinguisher or smoke
detector device, or both, which meets standards
established by the State Fire Marshal.
(Added by Stats. 1983, Ch. 1233.)
Applicable to large 1597.46. All of the following shall apply to
family day large family day care homes:
care homes (a) A city, county, or city and county shall
not prohibit large family day care homes on lots
zoned for single-family dwellings, but shall do
one of the following:
(1) Classify these hones as a permitted use of
residential property for zoning purposes.
(2) Grant a nondiscretionary permit to use a
lot _zoned for a single-family dwelling to any
large family day care home that complies with
local ordinances prescribing reasonable
standards, restrictions , and requirements
concerning spacing and concentration, traffic
control, parking, and noise control relating to
such homes, and complies with subdivision (d) and
any regulations adopted by the State Fire Marshal
pursuant to that subdivision. Any noise
standards shall be consistent with local noise
ordinances implementing the noise element of the
general plan and shall take into consideration
the noise level generated by children. The
permit issued pursuant to this paragraph shall be
granted by the zoning administrator, if any, or
if there is no zoning administrator by the person
or persons designated by the planning agency to
grant such permits, upon the certification '
without a hearing. '
(3) Require any large family day care hone to
apply for a permit to use a lot zoned for single-
family dwellings. The zoning administrator, if
any, or if there is no zoning administrator, the
person or persons designated by the planning
agency to handle the use permits shall review and
decide the applications. The use permit shall be
granted if the large family day care home
436
complies with local ordinances, -if any,
prescribing reasonable standards, restrictions,
and -'requirements concerning spacing and
concentration, traffic control, parking, and .
noise control relating to such homes, and
complies with subdivision (d) and any regulations
adopted by the State Fire Marshal, pursuant to
that subdivision. Any noise standards shall be
consistent with local noise ordinances
implementing the noise element of the general
plan and shall take into oonsideration. the noise
levels generated by .children. The local
government shall process any required permit as
economically as possible, and fees charged for
review shall not exceed the costs of the review
and permit process. Not less than"10 days prior
to the date on which the decision will be made on
the application, the zoning administrator or
person designated to handle, such use permits
shall give notice of the proposed use by mail or
delivery to all owners shown " on the last
equalized assessment roll as owning real property
within a . 100 foot radius of the exterior
boundaries,of the proposed large family day care
hare. No .hearing on the application for a',permit
issued pursuant to this paragraph. shall be held
before a decision is. made unless a hearing is'
requested by the applicant or other affected
person. " The applicant or other affected person
may .appeal the decision. Zhe appellant shall pay
the cost, if any ,of the appeal.
(b) A large family day care home , shall not'be
subject to the provision of Division 13
(commencing with Section 21000) of the Public
Resources Qode.
(c) Use of a single-family dwelling for the
purposes of a large family day care hone shall
not. constitute a change of occupancy for purposes
of.Part 1.5 (commencing with Section 17910 of
bivision 13 (State Housing Law) , or for purposes
of local building and fire codes.
(d) Large family day care homes shall .be
considered 'as single-family residences for the
purposes of the State Uniform Building Standards
Code and local building and fire codes, except
with respect. to any additional: standards _
specifically designed to promote the fire and
fife safety of the children .in these homes
homes
adopted by the State Fire Marshal pursuant to
this- subdivision. The State Fire Marshal shall
adopt separate building_ standards specifically
relating. to the subject.,of fire and- life, safety
in large family day care homes which shall be
published in. Title 24 of, the California
437
Administrative Code. 'hese standards shall apply
uniformly throughout the state and shall include,
but not be limited to: (1) the requirement that
a large. fami ly Aay care home contain a fire
extinguisher or smoke detector device, or both,
which meets standards established by the State
Fire.Marshal; (2) specification as to the number
of required exits . from . the home ; :. and
(3) specification as to the floor or floors on
which,day care may be provided. Enforcement of
these provisions shall be in accordance with
Sections 13145 and 13146. No. city, county:, city
and:,county,. or district shall �adopt or enforce
any.,., building ordinance or local rule, or
regulation relating to_ the- subject of fire and
life,- safety -in large family day care homes -which
is,-inconsistent with .those standards adopted by
the,State,Fire Marshal, except, to the extent the
building ordinance -or local rule, or; regulation
applies-to sing le-fami ly residences in which day
care is. not provided. :.
,Ce)i No later than April 1, 1984,E the State Fire
Marshal shall.:adopt the :building standards
requiredw, in subdivision (d), -and any other
regulations necessary tg Amplement the provisions
of :this,section. •
;(Added; by, Stats.',1983, Ch., 1233.)
Applicability of J597.47. I Ihe. :provisions of this chapter,shall
single family not ,be construed to preclude any city,, county, or
residential other,Jocal�public .entity, fran placing .restricts
restrictions (probably should�re.ad "restrictions' ] on building.
heights;,;setback, or lot dimensions 'of -a family
day, care facility as long,:as. such. restrictions-,
are, identical to: thosel applied to other single-
family: residences.. , .The provisions .of this
chapter-:shall not ,be .-construed to preclude the.
application. to; a .family day care facility for
children: of any local ordinance which deals with
hea,lth. .and , safety, . bu.ild'ing ..standards,
envrironme,ntal, impact,,standards,, or: any, :other :
matter, within,the, jurisdiction of r a,local. public .
entity. The provisions of this.. chapter .also .
shall "not. be construed to"prohibit or, restrict;
the:.-abatement of.,nuisances. by ,a city, county,..or
city and county. . However, such,ordinance or.
nuisance,,abatement shall .not distinguish.family_
day :care rfacil.i'ties from other single.-family
>,.t. dwellings, ,except) as otherwise provided in'.:this .
chapter.
(Added., by Stats. 1983,i Ch., 1233.) , ,
E '438
C-5 EXCEPTIONNAL -
APPL NT: CLARK A. RUTLEDGE .
On October 29, 987, the applicant s mitted Conditional Exception
(Variance) No. 8 85 for a variance to allow construction of a
substantial improv ment (1,972 squ re feet)' to. an existing single
family residence (89Y� square feet located in zone.AO (depth 3) on
the Huntington Beach Mood insur nce rate map. . Huntington Beach
Ordinance Code Section 69 . 6 i accordance with Federal regulations
allows only improvements hos costs are less than .50 percent of the
market value of the existi tructure unless certain restrictions
relating to construction an elevation can be met.
Since October, the applic nt ha been working with staff and the
Flood Emergency Manageme t Agenc (FEMA) to revise his plans to
bring them into conform nce. with t e regulations for substantial
improvements (over 50 ercent) . Th ugh this process, .-the .-:•plans
have been revised to onform with the elevation requirements and the
applicant is withdra ing his variance plication. Building permits
will be issued for e' plans in accordan a with all applicable
provisions of the rdinance Code, Buildin Division and Fire
Department. `
c
Accept the ap licant' s request for withdrawal of onditional .
Exception (V riance) No. 87-85.
A MOTION W MADE BY LIVENGOOD, 9ECOND .BY. SILVA,-TO W THpRAW
CONDITION -EXCEPTION (VARIANCE) NO. 87-85, BY THE FO WING VOTE:
AYES: Slates, Livengood, Silva, Leipzig, Ortega, Higg s,
Bourguignon
NOES: None
ABSE None
ABS IN: None
PAS
C-6 CODE AMENDMENT NO. 87-13 - UNCLASSIFIED USES, COMMERCIAL USES,
AND NEW DEFINITIONS (CONTINUED FROM •THE APRIL 5. .1988 PLANNING
COMMISSION MEETING)
APPLICANT: CITY OF HUNTINGTON BEACH
This item was continued from the April 5, 1988 Planning Commission
meeting. Code Amendment No. 87-1.3 proposes to expand and amend uses
permitted .by conditional use permit listed under Unclassified Uses -
Article 963 and uses permitted by use permit in Commercial
Districts - Article 922 and add new definitions to Article 908.
This code amendment was. informally discussed at the February 17,
1988 Planning Commission meeting.
PC Minutes - 4/19/88 -8- (0649d)
3 . At the time of occupancy, the proposed single family residence
can be rovided with infrastructure in a manner that is
consistent with the Coastal Element bf the General Plan.
4 . The propo ed single family resident conforms with the public
access an public recreation polici s of Chapter 3 of the
California Coastal Act. The propo ed structure does not block _
the view of the ocean of other pro erty owners nor does it
obstruct acc ss to the beach or sh re.
CONDITIO
1 . The site plans, floor plans and levations received and dated
March 14, 1988, hall be the app oved layout.
a. The roof slop and building height on the tower may be
altered to a m ximum of 30 feet to the average pitch and
providing it is within a m ximum of•.5 additional feet to
the highest poin .
2 . The proposed use shal comply with all applicable provisions of
the City' s Ordinance C de an Building Division.
3 . Prior to issuance' of bui di , permits, the applicant shall
submit the following:
a. Proof of Homeowners As ciation review and approval of
plans dated March 14, 8. ,
b. Landscape and irrigat n ans to the Departmerit of
Community Development and blic Works for review and
approval.
4 . All building spoils, suc as onus ble lumber, wire, pipe and
other surplus or unusab a material shall be disposed of at an
.off-site facility equip ed to hand l said material.
5. The proposed structure shall be architecturally compatible -with
existing structures.
6. Natural gas shall be tubbed in at the ocations of cooking
facilities, water he ters and central he ting units.
7. Low volume heads sh 11 be used on all spi ots and water faucets .
8. All applicable Pub is Works fees shall be id prior to
issuance of build' g permits.
9 . The Planning Co fission reserves the right t_ revoke this
conditional use ermit if any violation of these conditions or
the Huntington each Ordinance Code occurs.
PC Minutes - 4/19/88 -7- (0649d)
1 •
t
ENVIRONMENTAIL STATUS.
j ,
The proposed code amendment is categorically exempt pursuant to
Section 15300.4 from the provisions of the California Environmental
Quality Act. \' '
i
STAFF RECOMMENDATION:
Approve Code Amendment '.No. 87-13 and forward to the City Council for
adoption.
r
THE PUBLIC HEARING WAS OPENED
There was no one present, to speak for or against the proposed code
amendment and the public` hearing was closed.
The Commission discussed the draft ordinance and gave direction to
staff on issues they wanted further clarified''or revised. Issues
included: number of children in family day care homes; landfill
disposal sites should not be allowed in 61 district-;, who in the City
can issue exemption from requirements of article on excavation
activity and what standards apply .to sufficiently cover activity;
wind energy conversion systems should not,,'impact neighbors.; nature,
of provisions for family day cares; requirements for drop-off area
at daycare centers needs revising.
It was suggested that the code amendment be continued to allow
.... additional time to revise the proposed ordinance as directed.
A MOTION WAS MADE BY LIVENGOOD, SECOND BY LEIPZIG, TO CONTINUE CODE
AMENDMENT NO. 87-13 TO THE MAY 3, 1988 PLANNING COMMISSION MEETING,
BY THE FOLLOWING VOTE:
-AYES:' Slates, Livengood, Silva, Leipzig, Ortega, Higgins,
Bourguignon
NOES: None
ABSENT: None `.
ABSTAIN: None
iPASSED ,
D.
None
E. DISCUSSION ITEMS
E-1 DOWNTOWN PARKING ANA
The parking assessment for t Downtown core area by district
was presented. It was requeste by the Commission to include
parking demands block by block in luding maximum numbers for
on-street- and on-site, and also the off_ -site availability.
PC Minutes - 4/19/88 -9- (0649d)
E--2 CODE AMENDMENT NO, 88-3 - (A) REVIEW OF FINAL LANGUAGE FOR
SECTION 4 .2 , 12(b) COMMERCIAL PARKING STANDARDS 4OR THE
DOWNTOWN SPECIf �ij.�:'IC Py _AND _(B) FLOOR AREA RATIOS
e Commission reviewed the final language or Commercial `—
Pa king Standards for the Downtown Specifi Plan.
A MO ON WAS MADE BY LIVENGOOD, SECOND B BOURGUIGNON, TO
ACCEP ALTERNATIVE 3 WITH MODIFICATIONS BY .THE FOLLOWING VOTE:
AYES: Livengood, . Silva, Ortega, iggins, Bourguignon
NOES: Leipzig
ABSENT: one
ABSTAIN: S ates
NOTION PASSED
A MOTION WAS MADE BY LIVENGOOD, ECOND BY HIGGINS, FOR STAFF
TO ESTABLISH A CAL NDAR FOR STU YING DENSITIES, HEIGHTS,
INTENSITIES, AND FL R AREA RA IOS IN THE DOWNTOWN SPECIFIC
PLAN FOR THE NEXT PL NNING CO ISSION MEETING, .BY THE
FOLLOWING VOTE:
AYES: Liveligood, L 'p g, Ortega, Higgins, Bourguignon
NOES: Silva
ABSENT: Norte ,
ABSTAIN: Slates
�OTIOI� PASSED , . .
E-3 CONDITIONS OF ACONDi NAL USE PERMIT NO, 88-7
TRACT 13478 (PHA
A MOTION WAS BY BOURGUIGNON, ECOND BY SILVA, . TO APPROVE
FINAL CONDITIO OF APPROVAL, WITH EVISIONS, OF CONDITIONAL
USE PERMIT NO 88-7 WITH SPECIAL PE ITS, COASTAL DEVELOPMENT
PERMIT NO. 8 -3 AND TENTATIVE TRACT 1 478 (PHASE I) , BY THE
FOLLOWING V E:
AYES: Livengood, Silva, Leipzig, 0 'tega, Higgins,
Bourguignon i
NOES: None
ABSENT: Slates (Out of Room)
ABSTAI None
PC Minutes - .4/19/88 -10- (0.649d)
A' 10VED 6/8/88
MINUTES
HUNTINGTON BEACH PLANNING COMMISSION
MAY 3. 1988 - 7:00 PM
Council/Chambers - Civic Center
2000 M�/in Street
Huntington Beach, California
PLEDGE OF ALLEGIA CE
P A Ip P P
ROLL CALL: Slate Livengood, Si va, Leipzig, Ortega
A P
Higgin Bourguigno
A. CONSENT CALENDAR
A-1 MINUTES OF MARCH 5, 1988 PLANNING COMMISSION MEETING
4
A MOTION WAS MADE -B SI A, SECOND BY LEIPZIG, TO APPROVE
MINUTES OF MARCH 15, 19 8 PLANNING COMMISSION MEETING, WITH
CORRECTIONS, BY THE 0 LOWING VOTE:
AYES: Silva, Le' ig, Ortega, Bourguignon
NOES: None
ABSENT: Livengoo H ggins
ABSTAIN: Slates �.
MOTION PASSED
B. ORAL ICAT ON
Scott Simons,, 422 l h. Street, and Michael B. McMahon,' 416 loth.
Street, addressed t eir complaints r garding disturbances resulting
from wedding recep ions being held a the Huntington Beach,Women's
Club, which .is to ated in their neigh orhood. They stated the
situation :ip `get ng out of hand and resenting health problems to
many residents i the neighborhood and becoming a public nuisance.
They requested ssistance from the Co ission to alleviate the
problems .
Barbara Milk Zvich, 6032 Dundee, represen ing the Historic Resources
Board, spoke in support of the relocatio of the structure at 200
Orange. She stated that the structure is misted as a "C" structure
on the historic resources survey. -
C. PUBLIC HEARING ITEMS
C-1 CODE AMENDMENT N0. 87-13 - UNCLASSIFIED USES, COMMERCIAL USES,
AND NEW DEFINITIONS (CONTINUED FROM THE APRIL 19 1988
PLANNING COMMISSION MEETING)
APPLICANT: CITY OF HUNTINGTON BEACH
A request to amend Articles' 908, 922 and 963 of the Huntington Beach
Ordinance Code to add new definitions, expand the uses permitted in
commercial districts and amend required provisions pertaining to
unclassified uses .
' a
This item was continued from the April 5, 1988 Planning Commission
meeting. Code Amendment No. 87-13 proposes to expand and amend uses
permitted by conditional use permit listed under Unclassified Uses -
Article 963 and uses permitted by use permit in� Commercial
Districts - Article 922 and add new definitions to Article 908 .
This code amendment was informally discussed at the February 17,
1988 Planning Commission meeting.
t
ENVIRONMENTAL STATUS:
The .proposed code amendment is categorically exempt pursuant to
Section 15300 .4 from the provisions of the California Environmental
Quality Act .
STAFF RECOMMENDATION:
Continue Code Amendment No. 87-13 to the May 17, 1988 Planning �-
Commission meeting to allow additional time to revise the proposed
ordinance as directed by the Planning' Commission.
A MOTION WAS MADE BY SLATES, SECOND BY ORTEGA,,, TO CONTINUE CODE
AMENDMENT NO. 87-13 TO THE JUNE 7, ,1988 PLANNING COMMISSION MEETING,
BY THE FOLLOWING VOTE:
AYES: Slates, Silva, Leipzig, Ortega, Bourguignon
NOES: None
ABSENT: Livengood, Higgins a
ABSTAIN: ,• None
MOTION PASSED
C-2 NDIT AL E PERMIT N -1 NCONJUNCTION WITH NEGATIVE
DEC
LAR T -
APPLICANT: T COAST UNIVERSITY
OWNER: MC DONN L-DOUGLAS CORPORATION
Conditional Use Permit No. 88-1 is a request to construct a 31, 684
square foot private univers ' y, pursuant to Section 9630(c) of the
Huntington Beach Ordinance Co West Coast University is an
evening college designed to edu• to working adults .
PC Minutes - 5/3/88 -2- (0657d)
4 . Joint use of parking for the proposed medical office building
with the a jacent church facility is not sufficient.
Additional spaces for general maintenance and administrative
procedures f the church, during the week, is not being
provided.
FINDINGS FOR DENI L - CONDITIONAL EXCEPTION VARIANCE NO. 87-68 :
1. The granting Conditional Exception (Variance) No. 87-68 for
a five (5) foo in lieu of ten (10) foot exterior sideyard
building setbac and a five (5) foot in lieu of a ten (10) foot
planter width al ng Van Buren will adversely affect the General
Plan of the City f Huntington Beach.
2 . Since the subject p operty can be fully developed within
regular established etbacks, Conditional Exception (Variance)
No. 87-68 for reduced exterior sideyard setback building and
planter width is not n cessary for the preservation and
enjoyment of substantia property rights .
3 . The granting of Condition 1 Exception (Variance) No. 87-68 for
reduced exterior sideyard uilding setback and planter width
will be detrimental to the eneral welfare of persons working
or residing in the vicinity.
4 . The granting of Conditional E eption (Variance) No. 87-68 for
exterior sideyard building set ck and planter width will be
detrimental to the value of the roperty and improvements in
the neighborhood.
5 . Granting of Conditional Exception ariance) No. 87-68 for
exterior sideyard setback and plant width would constitute a
special privilege inconsistent with 'mitations upon other
Office Professional properties in the icinity.
6 . Because of the size, configuration, shap and lack of unique
topographic features of the subject prope�ty, there does not
appear to be exceptional or extraordinary Sircu
conditions applicable to the land, buildings rcp
involved that does not apply generally to pr`-` ert f
uses in the Office Professional district.
C-4 CODE AMENDMENT NO. 87-13 (CONTINUED FROM MAY 3 , 1988 PLANNING
COMMISSION MEETING)
APPLICANT: CITY OF HUNTINGTON BEACH
Code Amendment No. 87-13 is a request to amend Articles 908, 922 and
963 of the Huntington Beach Ordinance Code to add new definitions,
expand the uses permitted in commercial districts and amend required
provisions pertaining to unclassified uses .
PC Minutes - 6/7/88 -8- (0874d)
Code Amendment No. 87-13 was continued from the April 19 and May 3,
1988 Planning Commission meetings to revise the draft ordinance.
STAFF RECOMMENDATION:
Approve Code Amendment No. 87-13 with findings and forward to the
City Council for adoption.
After discussion, the Commission suggested changes to the
administrative draft for clarification.
A MOTION WAS MADE BY ORTEGA, SECOND BY SLATES TO APPROVE CODE
AMENDMENT NO. 87-13 AS REVISED WITH CHANGES, BY THE FOLLOWING VOTE:
AYES: Slates, Livengood, Silva, Leipzig, Ortega, Bourguignon
NOES: None
ABSENT: Higgins
ABSTAIN: None
Due to the failure to open the public hearing the motion was void.
THE PUBLIC HEARING WAS OPENED
There was no one present to speak for or against the code amendment
and the public hearing was closed.
A MOTION WAS MADE BY LIVENGOOD, SECOND BY SLATES TO APPROVE CODE
AMENDMENT NO. 87-13 AS REVISED WITH CHANGES, BY THE FOLLOWING VOTE:
AYES: Slates, Livengood, Silva, Leipzig, Ortega, Bourguignon
NOES: None
ABSENT: Higgins
ABSTAIN: None
MOTION PASSED
FINDINGS FOR APPROVAL:
1 . Amendments to Article 963 of the Huntington Beach Ordinance
Code requiring compliance with base district development
standards creates minimum requirements necessary for
conformance with general plan.
2 . Amendments to Article 963 of the Huntington Beach Ordinance
Code clarify regulations for child day care facilities and
allow discretion of Planning Commission to impose more
stringent security measures or parking requirements when
deemed appropriate.
PC Minutes - 6/7/88 -9- (0874d)
3 . Amendments to Article 963 of the Huntington Beach Ordinance
Code to include provisions to allow bed and breakfast inns
creates specific requirements for evaluation and provides an
opportunity to encourage the continued use of architectural or
historical residences .
4 . Amendments to Articles 908 and 922 of the Huntington Beach
Ordinance Code creates a more systematic review,
interpretation and entitlement process .
C- CODE AMENDMENT NO. 88-1 - VESTING MAPS
APPLICANT: CITY OF HUNTINGTON BEACH
Code A ndment No . 88-1 is a request to establish a Vesting
Tentativ Map Ordinance by adding Article 999 , entitled "Vesting
Tentative aps, " and amend related Sections 9843 , 9902, 9903, 9905
and 9911.
ENVIRONMENTAL STATUS:
Categorically a mpt pursuant to Section 15301 from the provisions
of the California Environmental Quality Act .
STAFF RECOMMENDATIO :
Approve Code Amendmen No. 88-1 with findings and forward to the
City Council for adopti n.
THE PUBLIC HEARING WAS OP ED
Paul Picard, 1735 Main Stre said that he was not aware that this
ordinance was mandated by the State. He asked if any vesting maps
had been challenged in the cou is or gone to the appellant stage.
He requested that the Commissio deny because he does not feel that
it is in the long-term best inte st of the City. He feels that
this would force the City into ag ements that would put them into
compromising situations later. He ould like to see the system left
as is .
Glenn Quinliven, 1209 Pine Street, spo in opposition to vesting
tentative maps . He feels that it would ave a negative effect on
the City. He feels that the scaling-down of projects would not be
possible if approved.
Lorraine Faber, 15271 Nottingham Lane, spoke ' n opposition. She
objects to developers going to the State and m dating that Cities
allow vesting tentative maps because the City 1 es control and it
locks the door to small developers .
There were no other persons present to speak for or gainst the
request and the public hearing was closed.
PC Minutes - 6/7/88 -10- (0874d)
C17
Publish 7/21/88
NOTICE OF PUBLIC HEARING
CODE AMENDMENT NO. 87-13
(Add New Definitions and Amend Unclassified Uses/Commercial Uses)
NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will
hold a public hearing in the Council Chamber at the Huntington Beach
Civic Center, 2000 Main Street, Huntington Beach, California, on the
date and at the time indicated below to receive and consider the
statements of all persons who wish to be heard relative to the
application described below.
DATE: Monday, August 1, 1988
TIME• 7: 00 P.M.
SUBJECT: Code Amendment 87-13
APPLICANT: City of Huntington Beach
LOCATION: City-wide
PROPOSAL: To amend Articles 908, 922, and 963 of the Huntington
Beach Ordinance Code to add new definitions, expand
the uses permitted in commercial districts and amend
required provisions pertaining to unclassified uses .
ENVIRONMENTAL STATUS: Categorically Exempt pursuant to Section
15300 .4 from the provisions of the
California Environmental Quality Act.
ON FILE: A copy of the proposed request is on file in the
Department of Community Development, 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 City Hall
or the Main City Library, 7111 Talbert Avenue)
ALL INTERESTED PERSONS are invited to attend said hearing 'and
express opinions or submit evidence -for or against the application
as outlined above. For further information, please call Susan
Pierce, Associate Planner, Community Development Department,
536-5271 .
HUNTINGTON BEACH CITY COUNCIL
By: Connie Brockway
City Clerk
Phone (714) 536-5404
Dated 7/18/88
NOTICE TO CLERK TO SCHEDULE PUBLIC HEARING
ITEM �-z4-C� 1�',au(�,y�Q zc-�e 720 7 -4-
TO: CITY CLERK' S OFFICE DATE: ' J -/ ,f
FROM: C-- i71 YY�( LI i�WL/(�Prn��Lf
PLEASE SCHEDULE A PUBLIC HEARING USING THE ATTACHED LEGAL NOTICE FOR THE
Sfi DAY OF 1989
AP are attached
AP's will follow
C,NoAP s
Initiated by:
Planning Commission /
Planning Department t/
Petition
* Appeal
Other
Adoption of Environmental Status (x)
EIR ND NONE
Has City Attorney' s Office been YES NO
informed of forthcoming public
hearing?
Refer to J,WS0- �k Planning Department - Extension # ,5L. b
for additional information.
* If appeal , please transmit exact wording to be required in the legal .
E E
D
J '
NOTICE OF PUBLIC HEARING
CODE AMENDMENT NO. 87-13
(Add New Definitions and Amend Unclassified Uses/Commercial Uses)
NOTICE IS HEREBY GIVEN that the Huntington Beach P-1 G1111111y C,vliuui5S_1ull
will hold a public hearing in the Council Chamber at the Huntington
Beach Civic Center, 2000 Main Street, Huntington Beach, California,
on the date and at the time indicated below to receive and consider
the statements of all persons who wish to be heard relative to the
application described below.
on d cc�, y LL t
DATE/TIME: �ue�- �, 1988, 7: 0 0 PM
APPLICATION NUMBER: Code Amendment No. 87-13
APPLICANT: City of Huntington Beach
LOCATION: City-wide
REQUEST: To amend Articles 908, 922 and 963 of the Huntington
Beach Ordinance Code to add new definitions , expand
the uses permitted in commercial districts and amend
required provisions pertaining to unclassified uses .
ENVIRONMENTAL STATUS: Categorically Exempt pursuant to Section
15300. 4 from the provisions of the
California Environmental Quality Act .
ON FILE: A copy of the proposed request is on file in the
Department of Community Development, 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 City Hall or the Main City Library
(7111 Talbert Avenue) after Mgr- - 1988 .
ALL INTERESTED PERSONS are invited to attend said hearing and
express opinions or submit evidence for or against the application
as outlined above. If there are any further questions, please call
Susan Pierce, Associate Planner at 536-5271 .
Hunt+ng-bo-n- Be-a-c-h P714n-n ng—Gomm ss-rorn-
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(0266d-3)