HomeMy WebLinkAboutPublic Hearing - Zoning Text Amendment 01-01 - Single Room O Amfj
Council/Agency Meeting Held: 0m-02^01
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied it CI Signature
Council Meeting Date: April 2, 2001 Department ID Number: PL01-10
09-t6-0l Koo ° - No , -O
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION
EPP m_r
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, City Administrator G2.c4
PREPARED BY: HOWARD ZELEFSKY, Director of Planning �
SUBJECT: APPROVE ZONING TEXT AMENDMENT NO. 01-01 (SINGL�ROOM
OCCUPANCY ORDINANCE). IVO
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis, Environmental Status,Attachment(s)
Statement of Issue:
Transmitted for your consideration is Zoning Text Amendment No. 01-01 a request by the
City of Huntington Beach to amend the Zoning and Subdivision Ordinance by modifying
development and parking standards contained within the existing Single Room Occupancy
(SRO) Ordinance consistent with previous City Council direction. The proposed changes
limit occupancy, -increase parking requirements and modify allowable room sizes. The
Planning Commission and staff recommend adoption of the ordinance as proposed.
Funding Source: Not applicable.
Recommended Action:
PLANNING COMMISSION AND STAFF RECOMMENDATION:
"Approve Zoning Text Amendment No. 01-01 with findings for approval (ATTACHMENT NO.
3) and adopt Ordinance No. 3�9 `(ATTACHMENT NO. 1)."
REQUEST FOR ACTION
MEETING DATE: April 2, 2001 DEPARTMENT ID NUMBER: PL01-10
Planning Commission Action on February 13, 2001:
A STRAW VOTE MOTION MADE BY LIVENGOOD, SECONDED BY KERINS, TO ADOPT THE
ONE SPACE PER ROOM PARKING REQUIREMENT CARRIED BY THE FOLLOWING VOTE:
AYES: SHOMAKER, KERINS, KOKAL, HARDY, LIVENGOOD, SPEAKER
NOES: MANDIC
ABSENT: NONE
ABSTAIN: NONE
MOTION PASSED
A STRAW VOTE MOTION MADE BY SPEAKER, SECONDED BY KERINS, TO ADOPT A MINIMUM
ROOM STANDARD OF 250 SQUARE FEET WITH A MAXIMUM OF 300 SQUARE FEET CARRIED
BY THE FOLLOWING VOTE:
AYES: HARDY, KERINS, SPEAKER
NOES: SHOMAKER, MANDIC, LIVENGOOD
ABSENT: NONE
ABSTAIN: KOKAL
MOTION FAILED
A STRAW VOTE MOTION MADE BY SHOMAKER, SECONDED BY LIVENGOOD, MINIMUM UNIT
SIZE SHALL BE 250 SQUARE FEET EXCEPT THAT UP TO 25 PERCENT OF THE TOTAL
NUMBER OF UNITS MAY BE A MINIMUM OF 200 SQUARE FEET IN SIZE CARRIED BY THE
FOLLOWING VOTE:
AYES: SHOMAKER, LIVENGOOD, MANDIC, HARDY, KOKAL
NOES: KERINS, SPEAKER
ABSENT: NONE
ABSTAIN: NONE
MOTION PASSED
THE MOTION MADE BY SHOMAKER, SECONDED BY LIVENGOOD, TO APPROVE ZONING
TEXT AMENDMENT NO. 01-01, AND FORWARD TO CITY COUNCIL WITH FINDINGS FOR
APPROVAL AND MODIFICATIONS (ATTACHMENT NO. 2) CARRIED BY THE FOLLOWING
VOTE:
AYES: SHOMAKER, LIVENGOOD, MANDIC, HARDY, KERINS, KOKAL, SPEAKER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
MOTION PASSED
I
PL01-10 -2- 03/21/01 10:27 AM
REQUEST FOR ACTION
MEETING DATE: April 2, 2001 DEPARTMENT ID NUMBER: PI01-10
Alternative Action(s):
The City Council may make the following alternative motion(s):
1. " Deny Zoning Text Amendment No. 01-01 with findings."
2. "Continue Zoning Text Amendment No. 01-01 and direct staff accordingly."
Analysis:
A. PROJECT PROPOSAL:
Applicant: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648
Location: Commercial General (CG), Commercial Visitor (CV) and Industrial Zones.
Zoninq Text Amendment No. 01-01 is an amendment by the City of Huntington Beach to the
Single Room Occupancy ordinance. In November 2000, City Council directed staff to
amend the ordinance to reflect suggestions received during the public hearings for a specific
SRO project. The primary areas of concern were room size, occupancy levels and parking.
In preparing the proposed amendment, staffs research also identified a need to modify other
components of the ordinance pertaining to bicycle storage, security measures and ensuring
compliance with affordable housing requirements.
Based on research of SRO ordinances from cities in the Southern California region
(Attachment No. 5) and concerns previously raised, the key changes proposed are as
follows:
➢ Limit occupancy to one person per unit
➢ Expand stay limits to monthly only
➢ Increase minimum room size to 250 square feet, with an allowance for up to 25 percent
of the rooms to be a minimum of 200 square feet
➢ Decrease maximum room size to 300 square feet
➢ Increase parking to one stall per unit
B. PLANNING COMMISSION MEETING AND RECOMMENDATION:
On February 13, 2001, the Planning Commission held a public hearing to discuss Zoning
Text Amendment No. 01-01. There were no persons who spoke during the public hearing.
The Planning Commission discussed the visitor parking ratio as proposed by staff and also
agreed that the area for bicycle storage should be increased. The Planning Commission
expressed concern that the minimum 200 square feet room size recommended by staff was
too small. The Planning Commission voted to amend the ordinance such that the minimum
I
PL01-10 -3- 3120/01 4:40 PM
REQUEST FOR ACTION
MEETING DATE: April 2, 2001 DEPARTMENT ID NUMBER: PI01-10
unit size shall be 250 square feet except that up to 25 percent of the total units may be a
minimum of 200 square feet. The Planning Commission unanimously recommended
approval of the ordinance to the City Council for adoption.
C. STAFF ANALYSIS AND RECOMMENDATION:
Occupancy
The City's adopted ordinance permits single and double occupancy. The City Council
requested that only single occupancy be permitted. Staffs research found that the majority
of cities allow double occupancy, with the exception of the City of Irvine which only allows
overnight guests. The Planning Commission and staff support reducing occupancy levels to
achieve projects more consistent with City goals but recommend the allowance for overnight
guests. The proposed amendment also restricts occupancy to minimum stays of one month
whereas the existing ordinance allows weekly stays as well. This change is in response to
concerns raised previously by the City Council and would help to improve a project's
neighborhood compatibility.
Room Size
Current room sizes within the Huntington Beach SRO ordinance range from a minimum of
170 square feet to a maximum of 400 square feet. The City Council requested an increase
of the minimum room size and a decrease of the maximum room size.
The Planning Commission and staff recommend increasing the minimum room size to 250
square feet with an allowance for up to 25 percent of the units to be a minimum of 200
square feet. This helps to ensure that rooms are of adequate size but provides developers
with some flexibility in product design. The recommended maximum room size is 300
square feet; this decrease reflects that only single occupancies would be allowed under the
new ordinance.
Parking
The City's adopted ordinance permits a parking ratio of 0.5 spaces per unit if a project is
within 2000 feet of a public bus stop or 1.0 space per unit if a project is not within 2000 feet
of a public bus stop. The ordinance additionally requires 1.0 parking space for each resident
staff member and 0.5 parking spaces per all remaining personnel. Parking standards for the
comparison cities average 0.5 spaces per unit, the most restrictive being that of the City of
Irvine at a ratio of 1.04 regardless of location from bus stops. Public hearing comments on
the SRO project in Huntington Beach indicated that a 0.5 parking ratio would be inadequate
and therefore, the City Council requested that staff increase the parking standard.
PL01-10 -4- 3/20/01 4:40 PM
REQUEST FOR ACTION
MEETING DATE: April 2, 2001 DEPARTMENT ID NUMBER: PL01-10
The proposed ordinance increases the parking standard to 1.0 space per unit regardless of
location from bus stops and adds new required passenger transport parking and loading
area parking. The proposed ordinance also includes a new requirement for visitor parking.
It is proposed that a minimum of 10 percent of the required parking be reserved for visitors
(excluding parking for loading space, passenger transport, manager and remaining
personnel). Finally, staff and the Planning Commission recommend increasing the bicycle
storage area from one rack per 10 units to one rack per five units. These changes are
designed to better reflect the transportation demands of typical SRO projects whose
residents often use bicycles as a primary source of transportation but similar to most
Southern California residents are usually very auto-dependent.
The SRO ordinance, as amended, continues the City's commitment to support and
encourage affordable housing as stated within the goals and policies of the adopted Housing
Element. Staff recommends that City Council approve Zoning Text Amendment No. 01-01
as proposed.
Environmental Status:
The proposed project is categorically exempt pursuant to Class 20, City Council Resolution
No. 4501, which supplements the California Environmental Quality Act.
Attachment(s):
City Clerk's
. . - Number No. Description
1. Ordinance No. 3` G z`
2. Legislative Draft
3. Findings of Approval
4. Planning Commission Staff Report dated February 13, 2001
5. Single Room Occupancy Matrix
6. Planning Commission Minutes dated February 13, 2001
RCA Author: Rosemary Medel/Mary Beth Broeren
PL01-10 -5- 3/20/01 4:40 PM
ATTACHMENT 1
j
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ORDINANCE NO. 3494
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH AMENDING CHAPTERS 230 AND 231
OF THE ZONING AND SUBDIVISION ORDINANCE RELATING
TO SINGLE ROOM OCCUPANCY AND OFF STREET PARKING.
WHEREAS, the City Council of the City of Huntington Beach desires to amend the
Single Room Occupancy Ordinance (SRO), in keeping with changing community housing
needs and objectives; and
WHEREAS,pursuant to the California State Planning and Zoning Law, the
Huntington Beach Planning Commission and Huntington Beach City Council have held
separate duly noticed public hearings to consider Zoning Text Amendment No. 01-01,which
amends Sections 230.46 and Chapter 231 of the Huntington Beach Zoning and Subdivision
Ordinance relating to Single Room Occupancy(SRO)procedures; and
WHEREAS, after due consideration of the findings and recommendations of the
Planning Commission and all other evidence presented, the City Council finds that the
aforesaid amendment is proper and consistent with the General Plan; and
WHEREAS, the City Council finds that the Zoning and Subdivision Amendment is
categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which
supplements the California Environmental Quality Act; and
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
ordain as follows:
SECTION 1: That Section 230.46 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended to read as follows:
230.46 Single Room Occupancy
Single room occupancy(SRO) shall comply with the following requirements:
A. General Provisions.
1. All projects shall comply with the most recently adopted City Building, Plumbing,
Mechanical, Electrical, Fire, and Housing Codes.
2. No more than one (1) person shall be permitted to reside in any unit, excluding the
manager's unit and up to 25 percent of the total number of units which may have
double occupancy.
3 A Management Plan shall be submitted for review and approval with the conditional
use permit application. The Management Plan shall contain management policies,
operations, emergency procedures, overnight guest policy, security program including
video cameras monitoring building access points at every floor, rental procedures and
proposed rates, maintenance plans, staffing needs, and tenant mix, selection and
jmp planning ord230-46'4 9 01 1
regulations. Income levels shall be verified by a third party and submitted to the City
of Huntington Beach as part of the annual review.
4. An on-site,twenty-four(24) hour manager is required in every SRO project. In
addition, a manager's unit shall be provided which shall be designed as a complete
residential unit, and be a minimum of-300 square feet in size.
5. Rental procedures shall allow for monthly tenancies only; deposit requirements shall
be specified.
6. All units within SRO projects shall be restricted to very low and low income
individuals as defined by the City's Housing Element, with the exception of the
twenty-four(24)hour manager. Rental rates shall be calculated using a maximum of
30% of income toward housing expenses based on County of Orange income figures.
7. Each SRO project shall be subject to annual-review by the City,which includes the
review of management services. The management services plan shall define third
party verification criteria. The SRO project owner shall be responsible for filing an
annual report to the Planning and Economic Development Departments, which
includes the range of monthly rents, the monthly income of residents, occupancy rates,
and the number of vehicles owned by residents.
8. The Planning Commission or City Council may revoke the conditional use permit if
any violation of conditions or any of the adopted Huntington Beach Codes occurs.
B. Unit Requirements.
1. Minimum unit size shall be 250 square feet except double occupancy units shall be a
minimum of 400 square feet.
2. Maximum unit size shall be three hundred (300) square feet excluding manager's unit
and double occupancy units.
3. Each unit shall contain a kitchen and bathroom.
a. Kitchens shall contain a sink with garbage disposal, counter top (minimum 16" x
24"), refrigerator, and stove/oven unit and/or microwave,
b. If stove/oven units are not provided in each unit, then stove/oven units shall be
provided in a common kitchen area(s).
c. Bathrooms shall contain a lavatory, toilet, and shower or bathtub.
d. Each unit shall have a minimum forty-eight (48) cubic feet of closet/storage space.
C. Project Requirements.
1. Common recreational space shall be provided in each project as follows:
a. Minimum common recreational space shall be four hundred(400) square feet.
b. For projects exceeding thirty(30) units, an additional 10 square feet of recreational
space per unit is required.
jmp./planning ord230-46/41.9.01 2
Units that are 400 square feet or greater shall have a minimum of 15 square feet of
recreational space per unit.
c. Common recreational space may be indoor or outdoor provided there is at least
forty percent(40%) allotted toward indoor space and forty percent (40%) outdoor
space; the balance may be either indoors or outdoors.
d. Common recreational space may be in separate areas provided each space is not
less than two hundred (200) square feet in size and has no less than a ten(10) foot
dimension.
2. A single controlled entryway for routine ingress and egress shall be situated adjacent
to and in full view of the manager's desk.
3. A secured office area shall be incorporated in the facility for the storage of
confidential resident records and security office personnel.
4 Mailboxes shall be provided for each unit located near the lobby in plain view of
the entry desk.
5. Handicap access facilities shall be as required by applicable state or local law.
6. At least one handicapped-accessible unit shall be required for every twenty(20)
units.
7. Laundry facilities shall be provided in a separate room in a location near the
common indoor recreational space. Washers and dryers may be coin operated.
8. A cleaning supply storeroom and/or utility closet with at least one (1) laundry tub
with hot and cold water shall be provided on every floor.
9. Storage Lockers
a. Storage lockers shall be provided in a secured area.
b. The cumulative total of locker space shall be no less than a ratio often (10)
cubic feet per unit.
10. All common indoor space areas shall have posted in a conspicuous location a
notice from the City's Planning Department regarding contact procedures to
investigate housing code violations.
11. Bicycle stalls shall be provided at a minimum of one (1) stall per five (5) units in a
secured, enclosed and covered area.
12. . Trash disposal chutes as well as a centralized trash area shall be provided on all
multi-story projects.
13. A minimum of two (2)pay telephones shall be provided in the lobby area. The
telephone service shall only allow outgoing calls.
14. Phone jack(s) shall be provided in each unit.
15. A shipping and receiving/maintenance garage shall be provided near a convenient
vehicular access on the ground floor.
jmp/PIanning ord230-46.'4!9 01 3
I
SECTION 2: That Chapter 231.04B Off-Street Parking Required: Schedule A of the
City of Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read a
follows:
Visitor Accommodations (cont.)
Single Room Occupancy, 1.0 per unit, 10% shall be designated as visitor
Residential Hotels parking; 1 per passenger transport vehicle
(minimum of 1 stall) one loading space and 2
spaces for any manager's unit,plus 0.5 per all
remaining personnel
SECTION 3: These amendments become effective immediately upon certification by
the California Coastal Commission.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 16th day of April , 2001.
ATTEST:
Mayor
City Clerk Q`J-�g1va
APPROVED AS TO FORM:
REVIEWED AND APPROVED: -.9,- Aljg ,—
Attomey
4-10-,at
City Admi strator INIT TED AND APPROVED:
DjeFtor of Plane g
jmp/planning—'ord230-46'4/9.`01 4
Ord. No. 3494
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council
at a regular meeting thereof held on the 2rid day of April, 2001, and was again read to
said City Council at a regular meeting thereof held on the 16th day of April, 2001,
and was passed and adopted by the affirmative vote of at least a majority of all the
members of said City Council.
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
ABSTAIN: None
I,Connie Brockway CITY CLERK of the City of
Huntington Beach and ex-off icio Clerk of the City
Council,do hereby certify that a synopsis of this
ordinance has been published in the Independent on
,2000
In accordance with the City Charter of said City City Clerk and ex-officio Clerk
Connie Brockway. City Clerk of the City Council of the City
Deputy City C1erk of Huntington Beach, California
g:lordinanc/ordbkpg200l.doc
Ordinance No."31/�F /
LEGISLATIVE DRAFT
Chapter 230 Site Standards
Sections:
230.02 Applicability
Residential Districts
230.04 Front and Corner Side Yards in Developed Areas
230.06 Religious Assembly Yard Requirements
230.08 Accessory Structures
23 0.10 Accessory Dwelling Units
230.12 Home Occupation in R Districts
230.14 Affordable HousingIncentives/Density Bonus
230.16 Manufactured Homes
230.18 Subdivision Sales Offices and Model Homes
230.20 Payment of Parkland Dedication InLieu Fee
230.22 Residential Infill Lot Developments
230.24 (Reserved)
230.26 (Reserved)
230.28 (Reserved)
230.30 (Reserved)
NonResidential Districts
230.32 Service Stations
230.34 Housing of Goods
230.36 Transportation Demand Management
230.38 Game Centers
230.40 Helicopter Takeoff and Landing Areas
230.42 Bed and Breakfast Inns
230.44 Recycling Operations
230.46 Single Room Occupancy
230.48 Equestrian Centers
230.50 Indoor Swap Meets/Flea Markets
230.52 (Reserved)
230.54 (Reserved)
230.56 (Reserved)
230.58 (Reserved)
230.60(Reserved)
All Districts
230.62 Building Site Required
230.64 Development on Substandard Lots
230.66 Development on Lots Divided by District Boundaries
230.68 Building Projections into Yards and Courts
jmp/planning/legisdrft 230 1
230.70 Measurement of Height
230.72 Exceptions to Height Limits
230.74 Outdoor Facilities
230.76 Screening of Mechanical Equipment
230.78 Refuse Storage Areas
230.80 Antennae
230.82 Performance Standards for All Uses
230.84 Dedication and Improvements
230.86 Seasonal Sales
230.88 Fencing and Yards
230.90 Contractor Storage Yards/Mulching Operations
230.92 Landfill Disposal Sites
230.94 Carts and Kiosks
230.02 Applicability
This chapter contains supplemental land use and development standards, other than parking and
loading, landscaping and sign provisions, that are applicable to sites in all or several districts.
These standards shall be applied as specified in Title 21: Base Districts, Title 22: Overlay
Districts, and as presented in this chapter.
Residential Districts
230.04 Front and Street Side Yards in Developed Areas
Where lots comprising 60 percent of the frontage on a blockface in an R district are improved
with buildings that do not conform to the front yard requirements, the Planning Commission may
adopt by resolution a formula or procedure to modify the front and street side yard setback
requirements. The Planning Commission also may modify the required yard depths where lot
dimensions and topography justify deviations. Blocks with such special setback requirements
shall be delineated on the zoning map. Within the coastal zone any such setback modifications
adopted by the Planning Commission shall be consistent with the Local Coastal Program.(3334)
230.06 Religious Assembly Yard Requirements
Yards, height and bulk, and buffering requirements shall be as specified by a conditional use
permit,provided that the minimum interior side yard and rear yard shall each be 20 feet. Yards
adjoining street property lines shall not be less than required for a permitted use.
230.08 Accessory Structures
A. Timing. Accessory structures shall not be established or constructed prior to the start of
construction of a principal structure on a site, except that construction trailers may be placed on a
site at the time site clearance and grading begins and may remain on the site only for the duration
of construction.
jmp,-planning/legisdrft 230 2
I. Location. Except as provided in this section, accessory structures shall not occupy a
required front, side or street side yard or court, or project beyond the front building line
of the principal structure on a site. An accessory structure shall be setback 5 feet from the
rear property line except no setback is required for accessory structures, excluding
garages and carports, which abut an alley. No accessory structures shall be permitted off-
site.
C. Maximum Height. 15 feet, except a detached garage for a single family dwelling may exceed
the maximum height when it is designed to be architecturally compatible with the main dwelling
and does not include habitable floor area.
D. Maximum Size in RL District. In an RL district, the total gross floor area of accessory
structures more than 4 feet in height that are not attached to a dwelling shall not exceed 600
square feet or 10 percent of lot area, whichever is more.
E. Patio Covers. A patio cover open on at least 2 sides and complying with all other provisions of
this subsection may be attached to a principal structure provided a 5foot clearance to all property
lines is maintained.
F. Decks. A deck 30 inches or less in height may be located in a required yard.
G. Separation. The distance between buildings on the same lot shall not be less than 10 feet.
230.10 Accessory Dwelling Units
A. Permit Required. Accessory dwellings may be permitted in all R districts on lots with a single
family dwelling subject to a conditional use permit issued by the Zoning Administrator.
Applications shall be submitted to the Director accompanied by the required fee, plans and
elevations showing the proposed accessory dwelling and its relation to the principal dwelling,
descriptions of building materials, landscaping and exterior finishes to be used and parking to be
provided, and any other information required by the Director to determine whether the proposed
unit conforms to all requirements of this code. The Zoning Administrator shall approve a
conditional use permit for an accessory dwelling unit after a duly noticed public hearing upon
finding that:
1. The dwelling conforms to the design and development standards for accessory dwelling units
established in Subsection (C) of this section;
2. The accessory unit maintains the scale of adjoining residences and is compatible with the
design of existing dwellings in the vicinity in terms of building materials, colors and exterior
finishes;
3. The main dwelling or the accessory dwelling will be owneroccupied; and
4. Public and utility services including emergency access are adequate to serve both dwellings.
B. Design and Development Standards.
1. Minimum Lot Size. 6,000 square feet.
jmp/planning/legisdrft 230 3
2. Maximum Unit Size. The maximum square footage of the accessory dwelling unit shall not
exceed 650 square feet and shall not contain more than one bedroom.
1. Required Setbacks. Accessory dwelling units shall comply with minimum setbacks of
Chapter 210.
4. Height and Building Coverage. The basic requirements of Chapter 210 shall apply unless
modified by an overlay district.
5. Parking. All parking spaces shall comply with Section 231.18D.(3334)
6. Design. The accessory unit shall be attached to the main dwelling unit in such a manner as to
create an architecturally unified whole, not resulting in any change to the visible character of the
street. The entrance to the accessory unit shall not be visible from the street in front of the main
dwelling unit. Building materials, colors and exterior finishes should be substantially the same as
those on the existing dwelling.
C. Ownership. The second unit shall not be sold separately from the main dwelling unit.
D. Conditions Recorded. The conditional use permit and conditions of approval shall be filed for
record with the County Recorder within 30 days of approval. Evidence of such filing shall be
submitted to the Director within 30 days of approval.
E. Parkland Dedication Inlieu Fee. A parkland dedication inlieu fee shall be assessed at 25
percent of the fee for a single family residence as set by resolution of the City Council and paid
prior to issuance of the building permit.
230.12 Home Occupation in R Districts
A. Permit Required. A home occupation in an R district shall require a Home Occupation Permit,
obtained by filing a completed application form with the Director. The Director shall approve the
permit upon determining that the proposed home occupation complies with the requirements of
this section.
B. Contents of Application. An application for a Home Occupation Permit shall contain:
1. The name, street address, and telephone number of the applicant;
2. A complete description of the proposed home occupation, including number and occupation of
persons employed or persons retained as independent contractors, amount of floor space
occupied, provisions for storage of materials, and number and type of vehicles used.
C. Required Conditions. Home occupations shall comply with the following conditions:
1. A home occupation shall be conducted entirely within one room in a dwelling. No outdoor
storage shall be permitted. Garages shall not be used in connection with such business except to
park business vehicles.
jmp/planning/leeisdrft 230 4
2. No one other than a resident of the dwelling shall be employed onsite or report to work at the
site in the conduct of a home occupation. This prohibition also applies to independent
contractors.
1. There shall be no display of merchandise,projects, operations, signs or name plates of
any kind visible from outside the dwelling. The appearance of the dwelling shall not be
altered, or shall the business be conducted in a manner to indicate that the dwelling or its
premises is used for a nonresidential purpose, whether by colors, materials, construction,
lighting, windows, signs, sounds or any other means whatsoever.
4. A home occupation shall not increase pedestrian or vehicle traffic in the neighborhood.
5. No commercial vehicle or equipment used in conjunction with the home occupation shall be
parked overnight on an adjacent street or in any yard visible from the street.
6. No motor vehicle repair for commercial purposes shall be permitted.
7. A home occupation shall not include an office or salesroom open to visitors, and there shall be
no advertising of the address of the home occupation.
8. A conditional use permit shall be issued by the Zoning Administrator when a home occupation
involves instruction and/or service, e.g. music lessons, beauty shop, swimming lessons. Where a
home occupation involves swimming instruction in an outdoor swimming pool, each swimming
class shall be limited to 4 students, and no more than 2 vehicles shall be used to transport
students to such classes.
9. Any authorized City employee may inspect the premises of a home occupation upon 48 hours
notice to ascertain compliance with these conditions and any requirements of this code. The
permit for a home occupation that is not operated in compliance with these provisions shall be
revoked by the Director after 30 days written notice unless the home occupation is altered to
comply.
230.14 Affordable Housing Incentives/Density Bonus
A. When a developer of a residential property which is zoned and general planned to allow five
(5) or more dwelling units proposes to provide affordable housing, he or she may request a
density bonus and/or other incentive through a conditional use permit subject to the provisions
contained in this section. A density bonus request pursuant to the provisions contained within
this section shall not be denied unless the project is denied in its entirety.
B. The City may grant incentives to the developer. An incentive includes, but is not limited to,
the following:
1. A density bonus.
2. A reduction in site development standards or architectural design requirements which exceed
the minimum building standards contained within the Uniform Building Code as adopted by the
City including,but not limited to, a reduction in setback, lot coverage, floor area ratio,parking
and open space requirements.
jmp/planning/legisdrft 230 5
3. Approval of mixed use zoning in conjunction with the housing project if commercial, office,
industrial, or other land uses will reduce the cost of the housing development and if the
commercial, office, industrial, or other land uses are compatible with the housing project and the
existing or planned development in the area where the proposed housing project will be located.
4. A reduction in development and/or processing fees.
5. Other regulatory incentives or concessions proposed by the developer or the City which result
in identifiable cost reductions.
1. Financial assistance by the City, i.e., housing setaside funds.
7. Other incentives mutually agreeable to the City and developers consistent with all City, State
and Federal laws, rules, standards, regulations and policies.
C. Target rents/mortgage payments.
1. For the purpose of this section, units designated for moderate income household shall be
affordable at a rent or mortgage payment that does not exceed twentyfrve percent (25%) of the
gross family income.
2. For the purpose of this section, units designated for lower income households shall be
affordable at a rent or mortgage payment that does not exceed thirty percent(30%) of sixty
percent(60%) of the Orange County median income as defined by the State of California
Department of Housing and Community Development.
3. For the purpose of this section, those units designated for very low income households shall be
affordable at a rent or mortgage payment that does not exceed thirty percent (30%) of fifty
percent (50%) of the Orange County median income as defined by the State of California
Department of Housing and Community Development.
D. Affordability requirements.
1. Percentage of affordable units required. To qualify for a density bonus and/or other incentives,
the developer of a residential project must agree to one of the following:
a. Provide at least twenty percent (20%) of the total units of the housing development for lower
income households; or
b. Provide at least ten percent (10%) of the total units of the housing development for very low
income households; or
c. Provide at least fifty percent (50%) of the total units of the housing development for qualifying
senior residents.
The density bonus shall not be included when determining the number of housing units required
to be affordable. Remaining units may be rented, sold, or leased at "market" rates.
If a developer is granted a density bonus in excess of twentyfrve percent (25%), those additional
units above the twentyfrve percent (25%)may be required to be maintained affordable for
"moderate income" households.
jmp%planning legisdrft 230 6
2. Duration of affordability. Units required to be affordable as a result of the granting of a
density bonus and other incentives shall remain affordable for thirty(30) years. If the City does
not grant at least one concession or incentive pursuant to this chapter in addition to the density
bonus, or provides other incentives in lieu of the density bonus, those units required to be
affordable shall remain so for ten(10) years.
3. Affordable unit distribution and product mix. Affordable units shall be located throughout the
project and shall include a mixture of unit types in the same ratio as provided throughout the
project.
1. Affordability agreement. Affordability shall be guaranteed through an "Affordability
Agreement" executed between the developer and the City. Said agreement shall be
recorded on the subject property with the Orange County Recorder's Office as provided
in Section 65915, et seq. of the California Government Code, prior to the issuance of
building permits and shall become effective prior to final inspection of the first unit. The
subject agreement shall be legally binding and enforceable on the property owner(s) and
any subsequent property owner(s) for the duration of the agreement. The agreement shall
include, but is not limited to, the following items:
a. The number of and duration of the affordability for the affordable units;
b. The method in which the developer and the City are to monitor the affordability of the subject
affordable units and the eligibility of the tenants or owners of those units over the period of the
agreement;
c. The method in which vacancies will be marketed and filled;
d. A description of the location and unit type (bedrooms, floor area, etc.) of the affordable units
within the project; and
e. Standards for maximum qualifying household incomes and standards for maximum rents or
sales prices.
5. City action. Pursuant to this section the City shall:
a. Grant a density bonus and at least one of the concessions or incentives identified in Section
230.1813 unless the City makes a written finding that the additional concession or incentive is not
required in order for rents or mortgage payments to meet the target rates; or
b. Provide other incentives of equal value to a density bonus as provided in Section 65915, et
seq. of the California Government Code. The value of the other incentives shall be based on the
land cost per dwelling unit.
E. Procedure.
1. In addition to submitting all documentation required to apply for a conditional use permit, a
developer requesting a density bonus or other incentive pursuant to this section shall include the
following in the written narrative supporting the application:
jmp/planningilegisdrft 230 7
a. A general description of the proposed project, general plan designation, applicable zoning,
maximum possible density permitted under the current zoning and general plan designation and
such other information as is necessary and sufficient. The property must be zoned and general
planned to allow a minimum of five (5) units to qualify for a density bonus.
b. A calculation of the density bonus allowed.
1. In the case that the developer requests the City to modify development standards as
another incentive, a statement providing a detailed explanation as to how the requested
incentive will enable the developer to provide housing at the target rents or mortgage
payments. Modification of development standards will be granted only to the extent
necessary to achieve the housing affordability goals set forth herein.
d. A statement detailing the number of density bonus units being proposed over and above the
number of units normally permitted by the applicable zoning and general plan designations.
2. All subsequent City review of and action on the applicant's proposal for a density bonus and/or
consideration of any requested other incentives shall occur in a manner concurrent with the
processing of the conditional use permit and any other required entitlements, if any. If the
developer proposes that the project not be subject to impact fees or other fees regularly imposed
on a development of the same type, final approval will be by the City Council.
3. The Planning Commission/City Council shall review the subject Affordability Agreement
concurrently with the development proposal. No project shall be deemed approved until the
Affordability Agreement has been approved by the appropriate reviewing body.
4. The Planning Commission/City Council may place reasonable conditions on the granting of
the density bonus and any other incentives as proposed by the applicant. However, such
conditions must not have the effect, individually or cumulatively, of impairing the objective of
California Government Code Section 65915 et seq., and this section, of providing affordable
housing for qualifying residents, lower or very low income households in residential projects.
5. A monitoring fee, as established by resolution of the City Council, shall be paid by the
applicant to the City prior to issuance of a certificate of occupancy for the first unit. This fee
shall be in addition to any other fees required for the processing of the conditional use permit,
environmental analysis, and/or any other entitlements required.
F. Required findings for approval.
1. Density bonus. In granting a conditional use permit for a density bonus, the Planning
Commission/City Council shall make all of the following findings:
a. The proposed project,which includes a density bonus, can be adequately serviced by the City
and County water, sewer, and storm drain systems without significantly impacting the overall
service or system.
b. The proposed project, which includes a density bonus,will not have a significant adverse
impact on traffic volumes and road capacities, school enrollments, or recreational resources.
jmp/planninoegisdrft 230 8
c. The proposed project which includes a density bonus is compatible with the physical character
of the surrounding area.
d. The proposed project which includes a density bonus is consistent with the overall intent of
the General Plan.
e. If located within the coastal zone, the proposed project which includes a density bonus will not
result in the fill, dredge, or diking of a wetlands. (3334)
1. Other incentives. A request for an additional incentive shall not be denied by the
Planning Commission or City Council unless a finding is made that the incentive is not
necessary to the establishment of affordable units.
In granting any other incentives as defined in this section, the Planning Commission/City
Council shall be required to make all of the following findings:
a. The granting of the proposed other incentive(s) will not have an adverse impact on the
physical character of the surrounding area.
b. The granting of the proposed other incentive(s) is consistent with the overall intent of the
General Plan.
c. The granting of the proposed other incentive(s)will not be detrimental to the general health,
welfare, and safety of persons working or residing in the vicinity.
d. The granting of the proposed other incentive(s)will not be injurious to property or
improvements in the vicinity.
e. The granting of the proposed other incentive(s) will not impose an undue financial hardship on
the City.
f. If the other incentive is a modification of development standards, the granting of the other
incentive is necessary to achieve the target affordable rents/mortgage payments for the affordable
units.
g. The granting of the proposed other incentive will not result in the filling or dredging of
wetlands.(3334)
230.16 Manufactured Homes
A. General Requirements. Manufactured homes may be used for residential purposes if such
manufactured home conforms to the requirements of this section and is located in an R district.
Manufactured homes also may be used for temporary uses, subject to the requirements of a
temporary use permit issued under Chapter 241.
B. Location and Design Requirements. Manufactured homes may be located in any R district
where a single family detached dwelling is permitted, subject to the same restrictions on density
and to the same property development standards, provided that such manufactured home meets
the design and locational criteria of this subsection. These criteria are intended to protect
neighborhood integrity,provide for harmonious relationship between manufactured homes and
jmp'planning legisdrft 230 9
surrounding uses, and minimize problems that could occur as a result of locating manufactured
homes on residential lots.
1. Location Criteria: Manufactured homes shall not be allowed:
a. On substandard lots that do not meet the dimensional standards of Chapter 210;
b. As a second or additional unit on an already developed lot; or
c. As an accessory building or use on an already developed lot.
2. Design Criteria: Manufactured homes shall be compatible in design and appearance with
residential structures in the vicinity and shall meet the following standards:
1. Each manufactured house must be at least 16 feet wide;
b. It must be built on a permanent foundation approved by the Building Official;
c. It must have been constructed after June 1, 1979, and must be certified under the National
Manufactured Home Construction and Safety Act of 1974;
d. The unit's skirting must extend to the finished grade;
e. Exterior siding must be compatible with adjacent residential structures, and shiny or metallic
finishes are prohibited;
f. The roof must have a pitch of not fewer than 2 inches vertical rise per 12 inches horizontal
distance, with eave overhangs a minimum of 12 inches;
g. The roof must be of concrete or asphalt tile, shakes or shingles complying with the most recent
editions of the Uniform Building Code fire rating approved in the City of Huntington Beach;
h. The floor must be no higher than 20 inches above the exterior finished grade; and
i. Required enclosed parking shall be compatible with the manufactured home design and with
other buildings in the area.
C. Cancellation of State Registration. Whenever a manufactured home is installed on a
permanent foundation, any registration of said manufactured home with the State of California
shall be canceled,pursuant to state laws and standards. Before occupancy, the owner shall
provide to the Director satisfactory evidence showing: that the state registration of the
manufactured house has been or will, with certainty, be canceled; if the manufactured house is
new and has never been registered with the state, the owner shall provide the Director with a
statement to that effect from the dealer selling the home.
230.18 Subdivision Sales Offices and Model Homes
Subdivision sales offices and model homes in conjunction with a subdivision may be permitted
subject to approval of a temporary use permit issued by the Zoning Administrator and
compliance with the following requirements.
jmp/planning/legisdrft 230 10
A. The office shall be discontinued within 30 days following sale of the last onsite unit. A cash
bond shall be posted with the City in the amount of$1,000 for the sales office and $1,000 for
each model home to guarantee compliance with the provisions of this code.
B. The developer or contractor shall furnish a site plan showing the placement of the sales office
and all model signs,parking signs, directional signs, temporary structures,parking and
landscaping.
C. No sales office shall be converted or expanded into a general business office for the contractor
or developer.
230.20 Payment of Parkland Dedication InLieu Fee
All single family and multi-family housing projects, mobile home parks, and any other
residential units not covered by Chapter 254 of Title 25, Subdivision Ordinance. These
developments shall pay a park inlieu fee in accordance with the requirements of Chapter 254.
The fees shall be calculated according to a schedule adopted by City Council resolution and shall
be paid at the time a building permit is issued.
230.22 Residential Infill Lot Developments (Note:Not certified by the California Coastal
Commission; however, these provisions are in effect and will be enforced by the City Council
of Huntington Beach) (3334)
The following Residential Infill requirements are intended to minimize impacts on contiguous
developed single family residential property and provide standards that insure compatibility and
appropriate design for projects located within existing residential neighborhoods, unless to do so
would contravene the terms of an existing Development Agreement.(330111/95)
Infill development site plans and building design shall be harmonious and compatible with
streets, driveways,property lines, and surrounding neighborhood. Compatibility considerations
should include,but not be limited to, lot size, lot frontages, building layout, building
configuration and design, building materials,product type, grade height and building height
relative to existing dwellings, and visual intrusion concerns. The Director of Community
Development shall cause all requests for plan check and issuance of building permits for
residential infill lot development to be reviewed in accordance with these requirements.(330111/95)
A. Privacy Design Standards.
1. New residences shall offset windows from those on existing residences to insure maximum
privacy. The use of translucent glass or similar material, shall be used for all bathroom windows
facing existing residences. Consider locating windows high on elevations to allow light and
ventilation, and insure privacy. (330111/95)
2. Minimize the canyon effect between houses by clipping roof elevations on side yards. Provide
roof line variations throughout a multidwelling infill development. (330111/95)
3. Provide architectural features (projections, offsets)to break up massing and bulk.
jmpiplanningilegisdrft 230 11
4. Upper story balconies shall be oriented toward the infill house's front or rear yard areas, a
public street or permanent open space. (330111.195)
B. Noise Considerations. (330111/95)
1. Swimming pool/hot tub equipment, air conditioning equipment, and other permanently
installed motor driven equipment shall be located to minimize noise impacts on contiguous
residences. (330111/95)
C. Pad Height. (330111/95)
1. Pad height for new construction shall match to the extent feasible pad heights of contiguous
residences. Any property owner/developer who intends to add fill above the height of the
existing contiguous grades shall demonstrate to the Community Development Director and the
City Engineer that the additional fill is not detrimental to surrounding properties in terms of
compatibility and drainage issues. (330111/95)
D. Public Notification Requirements.
1. Ten (10)working days prior to submittal for plan check(plan review) the applicant shall
give notice of the application to adjacent property owners and the City of Huntington
Beach, Department of Community Development by first class mail. The notice of application
shall include the following: (330111/95)
a. Name of applicant;
b. Location of planned development, including street address (if known) and/or lot and tract
number; (330111/95)
c. Nature of the planned development, including maximum height and square footage of each
proposed infill dwelling unit; (330111/95)
d. The City Hall telephone number for the Department of Community Development to call for
viewing plans;
e. The date by which any comments must be received in writing by the Department of
Community Development. This date shall be ten (10)working days from plan check (plan
review) submittal; and
f. The address of the Department of Community Development.
2. The applicant shall submit a copy of each notice mailed and proof of mailing of the notice(s)
when submitting the application for plan check(plan review). The adjacent property owners shall
have ten(10) working days from plan check (plan review) submittal to provide comments
regarding the application to the Director of Community Development. All decisions of the
Director regarding the application shall be final. (330111/95)
230.24 (Reserved)
230.26 (Reserved)
jmp./planning%legisdrft 230 12
230.28 (Reserved)
230.30 (Reserved)
NonResidential Districts
230.32 Service Stations
The following supplemental development standards shall apply to the Service Station use
classification.
A. Minimum parcel size. 22,500 square feet.
1. Minimum frontage. 150 feet and located at the intersection of arterial highways.
C. Site Lam. Conditions of approval of a conditional use permit may impose restrictions on
outdoor storage and display and location of pump islands, canopies and service bay openings and
require buffering, screening, lighting, or planting areas necessary to avoid adverse impacts on
properties in the surrounding area.
D. Design standards.
1. In reviewing proposals, emphasis shall be placed on quality design of building materials and
landscape features. Service stations shall be designed so that form and scale are harmonious and
consistent with the character of the specific site, the adjacent uses and structures, and the general
neighborhood.
2. The location, number, and design of driveways as well as on and offsite traffic circulation
impacts shall be analyzed.
3. Service bay openings shall be designed to minimize the visual intrusion on surrounding streets
and properties. A maximum of 3 service bays shall be permitted per site, none of which shall
face a public rightofway.
4. Lighting shall be of low profile design, indirect or diffused, and shall create no negative
impact on surrounding uses.
5. A minimum 10 percent of the site shall be landscaped. Landscaping plans shall conform to all
applicable provisions of Chapter 232 as well as conform to the following requirements:
a. A 3 footwide planter(inside dimension) along interior property lines shall be provided, except
at vehicular circulation openings. Additional landscaping may be required to screen service bays
from surrounding properties.
b. A 600 squarefoot planter with a minimum dimension of 20 feet shall be provided at the corner
of intersecting streets.
c. A total of 70 square feet of planting area shall be located adjacent to and on the street side of
the main building.
jmprplanningllegisdrft 230 13
6. Buildings shall conform to the setback regulations stated for the district in which the site is
located. Pump islands and canopy structures shall maintain the following minimum setbacks
from street side property lines:
Pump island: 20 feet
Canopy: 10 feet with ground clearance of 12 feet
1. Storage of Materials and Equipment. The provisions of Section 230.74, Outdoor
Facilities, shall apply, except that a display rack for automobile products no more than 4
feet wide may be maintained at each pump island of a service station and a single tire
storage display no more than 8 feet high and 16 feet long may be located on the site of a
service station. If display racks are not located on pump islands, they shall be placed
within 3 feet of the principal building, and shall be limited to 1 per street frontage.
Outside storage of motor vehicles for more than 24 hours (7 days if the vehicle is actively
being serviced) is prohibited, except as provided for truck and utility trailer rentals. The
location of display racks and vending machines shall be specified by the conditional use
permit.
F. Accessory Uses. The accessory uses listed below shall be permitted as included on the
approved site plan. Such uses shall be subordinate to the main operation and shall not impede
safe vehicular and pedestrian circulation or be detrimental to surrounding properties or potential
customers. Such uses shall be included as part of the original conditional use permit request or
shall be subject to a new conditional use permit if proposed subsequent to the original
conditional use permit.
1. Convenience markets are permitted provided no automotive repair or truck or trailer rental is
permitted on the same site.
2. Automatic washing, cleaning and waxing of vehicles. Such activity shall be of an integral
design with the main structure.
3. Truck and utility truck rental is permitted provided the trucks do not exceed 25 feet in length
and are stored a minimum of 50 feet from the street property lines.
230.34 Housing of Goods
All goods, wares, merchandise,produce, and other commodities which are stored or offered for
sale or exchange in the commercial and industrial districts shall be housed in permanent
buildings except as otherwise provided by this code.
230.36 Transportation Demand Management
A. Purpose and intent. It is the purpose and intent to implement the requirements of Government
Code Section 65089.3(a)(2), to mitigate the impacts that development projects may have on
transportation mobility, congestion and air quality, and to promote transportation demand
management strategies.
i
jmp'planning%legisdrft 230 14
B. Definitions. For purposes of this Section, the following definitions for the following terms
shall apply:
1. Alternative transportation mode: Any mode of travel that serves as an alternative to the single
occupant vehicle. This can include all forms of ridesharing, public transit,bicycling or walking.
2. Carpool: Two (2)to six (6)persons traveling together in a single vehicle.
3. Employ: Means any person employed by a firm, person(s), business, educational institution,
nonprofit agency or corporation, government agency, or other entity which employs 100 or more
persons at a single worksite. "Employee" shall include persons employed on a fulltime, parttime,
or temporary basis.
4. Employer: Means any person(s), firm,business, educational institution, government agency,
nonprofit agency or corporation, or other entity which employs or houses tenants that
collectively employ 100 or more employees at a worksite on a full and/or parttime/temporary
basis.
1. Building Size: Means the total gross floor area measured in square feet of a building or
group of buildings at a worksite. Includes the total floor area of both new development
and existing facilities.
6. MixedUse Development: Means new development projects that integrate any one of these land
uses with another: residential, office, commercial, industrial and business park.
7. Tenant: Means the lessee of facility space at a development project who may also serve as an
employer.
8. Transportation Demand Management (TDM): Means the implementation of programs, plans
or policies designed to encourage changes in individual travel behavior. TDM can include an
emphasis on alternative travel modes to the single occupant vehicle (SOV) such as carpools,
vanpools and transit; and reduction of VMT and the number of vehicle trips.
9. Vanpool: Means a vehicle occupied by seven (7) or more persons traveling together.
10. Worksite: Means a building or group of buildings which are under common ownership and
the place of employment, base of operation, or predominate location of an employee or group of
employees.
C. Applicability:
1. These provisions apply to commercial, industrial, institutional, or other uses which are
determined to employ 100 or more persons, as determined by the employee generation factors
specified under subsection 4. This includes any permit for existing facilities that already have
100 or more employees or will have 100 or more employees.
2. These provisions apply to all districts,planned communities and specific plan areas including
those covered by development agreements. These provisions shall supersede other ordinances
with which there is a conflict.
jmp/p1annin,-1egisdrft 230 15
3. Notwithstanding "1" above, the following uses and activities shall be specifically exempt from
the provisions of this section:
a. Temporary construction activities on any affected project, including activities performed by
engineers, architects, contract subcontractors and construction workers.
b. Other temporary use classifications or as authorized by the Planning Commission/Zoning
Administrator when such temporary activities are for a period not to exceed 30 days and held no
more than once a year.
4. Employee generation factors shall be based on one of the following:
a. Employment projections developed by the property owner, subject to approval by the Director;
b. Building sizes shall be considered equivalent to the 100 employee threshold as follows:
Building Size (in square feet)
Type of Use Equivalent to 100 Employees
Office/Professional 35,000
Hospital and Medical/Dental 40,000
Industrial (excluding Warehouses) 50,000
Commercial/Retail 50,000
Hotel 0.8 employees/hotel room
Motel 1.2
Resort Hotel 100,000
Mixed or multiple use
Warehouse 100,000
* The employment projection for a development of mixed or multiple uses shall be calculated on
a casebycase basis based upon the proportion of development devoted to each type of use.
D. Site development standards: Development projects subject to this section shall comply with
the following site development standards:
1. Parking for Carpool Vehicles
jmp%planning'leeisdrft 230 16
a. The following percentages of the total required parking spaces per Chapter 231 shall be
reserved and designated for employee carpool vehicles by making such spaces "Carpool Only":
;Percent of Total Parking Devoted to
Type of Use !Employee Carpool Parking
Office Professional 13%
Hospital and Medical/Dental Office 9%
Industrial/Warehouse 14%
Commercial/Retail 5%
Hotel space for every 2 employees
b. Carpool spaces shall be located near the building's identified employee entrance(s) or at other
preferential locations within the employee parking areas as approved by the Director.
2. Shower and Locker Facilities
Shower and locker facilities shall be provided for use by employees or tenants who commute to
the site by bicycle or walking. The use of such facilities shall be provided at no cost to the user.
The design of such facilities shall be shown on the plot plans in the permit application and
conform to the following:
a. Lockers shall be provided at a minimum ratio of 1 for every 20 employees.
b. Separate shower facilities shall be provided at a minimum rate of 2 per 100 employees.
3. Bicycle Parking
a. Bicycle parking facilities shall be provided at the minimum rate of 1 bicycle parking space for
every 20 employees or fraction thereof, in a secure location, and in close proximity to employee
entrances, for use by employees or tenants who commute to the site by bicycle.
b. A bicycle parking facility shall be a stationary object to which the user can lock the bicycle
frame and both wheels with a userprovided six (6) foot cable and lock.
4. Commuter Information Areas
A commuter information area shall be provided to offer employees appropriate information on
alternative transportation modes. This area shall be centrally located and accessible to all
employees or tenants and shall be sufficient size to accommodate such information on alternative
transportation modes.
5. Passenger Loading Areas
jmp/planning%legisdrft 230 17
Unless determined unnecessary by the decisionmaker,per Title 24, passenger loading areas to
embark and disembark passengers from rideshare vehicles and public transportation shall be
provided as follows:
a. Passenger loading area shall be large enough to accommodate the number of waiting vehicles
equivalent to 1% of the required parking for the project.
b. The passenger loading areas shall be located as close as possible to the identified employee
entrance(s), and shall be designed in a manner that does not impede vehicular circulation in the
parking area or in adjoining streets.
6. Parking for Vanpool Vehicles
Unless determined unnecessary by the decisionmaker,per Title 24, parking for vanpool vehicles
shall be provided as follows:
a. The number of vanpool parking spaces shall be at least 1% of the employee carpool parking
spaces and reserved for such by marking the spaces "Vanpool Only."
b. For parking structures, vanpool vehicle accessibility shall include minimum 7' 2" vertical
clearance.
c. Vanpool parking spaces shall be located near identified employee entrance(s) or other
preferential locations.
7. Bus Stops
Unless determined unnecessary by the decisionmaker, per Title 24, bus shelter, pullouts, and
pads shall be provided as necessary in consultation with affected transit service providers.
230.38 Game Centers
The following supplemental requirements shall apply to the operation of game centers, including
mechanical or electronic games or any other similar machine or device, in order to control the
location and hours of operation of game centers so as not to allow school children to play the
games during school hours or to encourage minors to congregate in areas close to commercial
establishments that sell alcoholic beverages.
A. Conditional Use Permit Required. Applicants desiring a permit for the purpose of operating a
game center as a business in a C district must obtain a conditional use permit from the Zoning
Administrator. The permit is valid only for the number of games specified; the installation or use
of additional games requires a new or amended permit.
B. Adult Manager. At least one adult manager shall be on the premises during the time a game
center is open to the public.
C. Hours of Operation for Minors under 18 Years of Age. No game center owners, manager or
employees shall allow a minor under 18 years of age to play a mechanical or electronic game
machine during the hours the public schools of the district in which the center is located are in
session, or after 9 p.m. on nights preceding school days, or after 10 p.m. on any night. It is the
jmpiplanning/legi>drft 230 18
responsibility of the owner or manager of the game center to obtain a current schedule of school
days and hours.
D. Locatio_nal Criteria. A game center shall not be permitted within 2,500 feet of a school site,
300 feet of the boundary of a residential district, or within 500 feet of a liquor store, a nightclub,
cocktail lounge or bar. The distance shall be measured as walking distance from the game center
to the property line of the school site, the district boundary, or the property line of the liquor
store, nightclubs, cocktail lounge, or bar, as the case may be.
E. Restrictions. The Zoning Administrator may impose reasonable restrictions on the physical
design, location, and operation of a game center and require a special bicycle parking area in
order to minimize the effects of noise, congregation,parking, and other nuisance factors that may
be detrimental to the public health, safety and welfare of the surrounding community.
230.40 Helicopter Takeoff and Landing Areas
A. Permit Required. A conditional use permit may be issued for the construction and operation
of a heliport, helipad, or helistop if the Planning Commission finds that:
1. The helipad, heliport, or helistop conforms to the locational criteria and standards established
in Subsections (B) and (C) of this section, and the requirements of the California Department of
Transportation, Division of Aeronautics;
2. The heliport, helipad, or helistop is compatible with the surrounding environment; and
3. The proposed operation of the helicopter facility does not pose a threat to public health, safety
or welfare.
The Commission may impose conditions of approval on the conditional use permit to prevent
adverse impacts on surrounding properties. If such impacts can not be mitigated to an acceptable
level, the conditional use permit application shall be denied.
B. Locational Criteria.
1. Minimum Separation. Minimum separation between heliports, helipads, and helistops shall be
1.5 miles, except for facilities specifically intended for emergency use, such as medical
evacuation or police functions, and temporary landing sites.
2. Protected Areas. No heliport, helipad, or helistop shall be located within 1,000 feet of an R
district or the site of a public or private school, except for heliports or helistops specifically
intended only for emergency or police use. Temporary landing sites within 1,000 feet of a public
or private school may be allowed with a temporary use permit subject to approval of the
California Department of Transportation.
C. Site Development Standards.
1. Approach and departure paths 65 feet wide shall be free of obstruction for a minimum distance
of 400 feet.
jmp,/Plannin&'legisdrft 230 19
2. Setbacks from property lines shall be as follows:
a. Takeoff and landing area 50 feet;
b. Helicopter maintenance facilities 25 feet;
c. Administrative or operations building 15 feet.
3. Any lighting used for nighttime operations shall be directed away from adjacent properties and
public rightsofway.
4. A telephone shall be provided on or adjacent to the heliport, helipad or helistop.
5. Helipads or helistops intended for emergency use shall have a landing pad with a standard
landing area designated and the words "Emergency Only." The initial direction of the departure
routes shall be indicated on the takeoff and landing area.
F. Application Requirements. The following additional information shall be submitted with a
conditional use permit application:
1. An area map, at a scale of 1" = 800' showing existing land use within a twomile radius of the
facility site and the proposed flight paths.
2. A plot plan of the site and vicinity, including all land within a 400foot radius of the takeoff
and landing area, that shows clearly the height of the takeoff and landing area; the height of
existing, approved and proposed structures and trees within 50 feet of the approach and takeoff
flight paths; and the maximum allowable building height under existing zoning.
3. A description of the proposed operations, including the type of use, names and descriptions of
helicopters expected to use the facility, and anticipated number and timing of daily flights.
1. A helicopter noise study including a map of the approach and departure flight paths at a
scale of 1" = 800' showing existing day/night average noise levels in decibels (LDN noise
contours), future day/night average noise levels with the proposed facility and anticipated
flight operations, and singleevent maximum sound levels associated with the types of
helicopters expected to use the facility.
230.42 Bed and Breakfast Inns
A. Permit Required. The Planning Commission may approve a conditional use permit for a bed
and breakfast inn in any C District and RMHA District after a duly noticed public hearing upon
finding that:
1. The bed and breakfast inn will be operated by a property owner living on the premises;
2. The bed and breakfast inn conforms to the design and development standards of Subsection
(B) of this section and is compatible with adjacent buildings in terms of building materials,
colors and exterior finishes; and
3. Public and utility services, including emergency access, are adequate to serve the bed and
breakfast inn.
jmp,'p1ammn0egisdrft 230 20
B. Design and Development Standards.
1. Minimum Size and Maximum Number of Guest Rooms. The inn shall contain at least 2,000
square feet, but no more than six rooms shall be rented for lodging.
2. Parking. The requirements of Chapter 231 shall apply.
3. Ste. The requirements of Chapter 233 apply. In addition, in the RMHA district, no
identifying sign shall be displayed other than a sign no larger than 2 square feet identifying the
name of the establishment. The face of the sign may be indirectly illuminated by an exterior light
source entirely shielded from view, but no internal illumination from an interior light source
shall be permitted.
230.44 Recycling Operations
Collection containers shall be permitted for charitable organizations such as Goodwill. Recycling
containers shall be permitted as an accessory use to a permitted use. Recycling and collection
containers shall not be located within required parking or landscaped areas or obstruct pedestrian
paths. Recycling as an accessory use shall not exceed 500 square feet including any required
attendant parking space. A recycling operation as a primary use shall comply with the
development standards contained in Chapter 212.
230.46 Single Room Occupancy
Single room occupancy(SRO) shall comply with the following requirements:
A. General Provisions.
1. All projects shall comply with the most recently adopted City Building, Plumbing,
Mechanical, Electrical, Fire, and Housing Codes.
2. No more than one (1)person shall be permitted to reside in any unit, vihieh ;s to.qs th
t.. e , undr-oa twe-nty(220) o �e* o excluding the manager's unit and
up to 25 percent of the total number of units which have double
occupancy.
-3-. No more than two (2) per-sons shall be pefmitted to reside in luding the-
m ager's unit.
34. A Management Plan shall be submitted for review and approval with the conditional use
permit application. The Management Plan shall contain management policies,
operations, emergency procedures, overnight guest policy, security program
including video cameras monitoring building access points at every floor, rental
procedures and proposed rates, maintenance plans, staffing needs, and tenant mix,
selection and regulations. Income levels shall be verified by a third party
and submitted to the City of Huntington Beach as part of the annual
review.
jmp/planningdegisdrft 230 21
45.An on-site, twenty-four(24)hour manager is required in every SRO project. In addition,
a manager's unit shall be provided which shall be designed as a complete residential unit,
and be a minimum of-2,19 300 square feet in size.
56.Rental procedures shall allow for be*h weekl •^ra monthly tenancies only; deposit
requirements shall be specified. for-eaeh type of tenaney.
67-.All units within SRO projects shall be restricted to very low and low income individuals
as defined by the City's Housing Element, with the exception of the twenty-four(24) hour
manager. Rental rates shall be calculated using a maximum of 30% of
income toward housing expenses based on County of Orange income
figures.
78-.Each SRO project shall be subject to annual review by the City, which includes the
review of management services. The management services plan shall define
third party verification criteria. The SRO project owner shall be responsible for
filing an annual report to the Planning and Economic Development
Departments of Community Development,pment, which includes the range of monthly rents,
the monthly income of residents, occupancy rates, and the number of vehicles owned by
residents.
8.9 The Planning Commission or City Council may revoke the conditional use permit if any
violation of conditions or any of the adopted Huntington Beach Codes occurs.
B. Unit Requirements.
1. Minimum unit size shall be 250 square feet except double occupancy units
shall be a minimum of 400 square feet.
2. Maximum unit size shall be three hundred (300) fur-h,,ndfea (400) square feet
excluding manager's unit and double occupancy units.
-3-. The aver-age size of all 1i ithin the prejeet shall not emeeed twe hundred fifty
(2-50)seventy f:..o (275), square feet.
34.Each unit shall contain a kitchen and bathroom.
a. Kitchens shall contain a sink with garbage disposal, counter top (minimum 16" x
24"), refrigerator, and stove/oven unit and/or microwave oven;
b. If stoves/oven units are not provided in each unit, then stoves/oven units shall be
provided in a common kitchen area(s).
c. Bathrooms shall contain a lavatory, toilet, and shower or bathtub.
d. Each unit shall have a minimum forty-eight (48) cubic feet of closet/storage space.
C. Project Requirements.
1. Common recreational space shall be provided in each project as follows:
a. Minimum common recreational space shall be four hundred (400) square feet.
jmp/planning./legisdrft 230 22
b. For projects exceeding thirty(30) units, in size, an additional 10 square feet of
recreational space per unit is required. as
Units less than 220 square feet 4-0 squar-e feet/tinit ever-30
Units that are 400 square feet or greater shall have a minimum of 15
square feet of recreational space per unit.
c. Common recreational space may be indoor or outdoor provided there is at least forty
percent(40%) allotted toward indoor space and forty percent (40%) outdoor space;
the balance may be either indoors or outdoors.
d. Common recreational space may be in separate areas provided each space is not less
than two hundred (200) square feet in size and has no less than a ten (10) foot
dimension.
2. A single controlled entryway for routine ingress and egress shall be situated adjacent to
and in full view of the manager's desk.
3. A secured office area shall be incorporated in the facilityfor the
storage of confidential resident records and security offce personnel.
4 -. Mailboxes shall be provided for each unit located near the lobby in plain
view of the entry desk.
5.4. Handicap access facilities shall be as required by applicable state or local law.
6.5. At least one handicapped-accessible unit shall be required for every twenty(20) units.
7.6-. Laundry facilities shall be provided in a separate room in a location near the common
indoor recreational space. Washers and dryers may be coin operated.
8.-7- A cleaning supply storeroom and/or utility closet with at least one (1) laundry tub
with hot and cold water shall be provided on every floor.
9.8-. Storage Lockers
a. Storage lockers shall be provided in a secured area.
b. The cumulative total of locker space shall be no less than a ratio often(10) cubic
feet per unit.
10.9: All common indoor space areas shall have posted in a conspicuous location a notice
from the City's Planning Department of Gemmunity Development regarding
contact procedures to investigate housing code violations.
114-0. Bicycle stalls shall be provided at a minimum of one (1) stall per ten 0*five (5)
units in a secured, enclosed and covered area.
1244. Trash disposal chutes as well as a centralized trash area shall be provided on all
multi-story projects.
jmp/plannin&Iegisdrft 230 23
13.E A minimum of two (2) pay telephones shall be provided in the lobby area. The
telephone service shall only allow outgoing calls.
14. Phone jack(s) shall be provided in each unit.
15. A shipping and receiving/maintenance garage shall be provided near
a convenient vehicular access on the ground floor.
230.48 Equestrian Centers
A. Permit Required. Equestrian centers shall be permitted in the OS-PR and PS districts, subject
to the approval of a conditional use permit by the Planning Commission. Where all offsite
improvements are not provided, initial approval shall be for a maximum period of five years
subject to annual review. One year extensions of time may be granted after public hearing by the
Planning Commission. On requests to allow a facility on a permanent basis, the Planning
Commission shall determine required improvements based on the existing and proposed land
uses and the existing offsite improvements within the area.
B. Design and Development Standards.
1. Minimum Parcel Size/Frontage. The minimum lot size and lot frontage shall be:
j Area !Frontage
(Temporary facilities: 2 acres 100 feet j
I
'Permanent facilities: 15 acres 100 feet
2. Density /fig Areas. Maximum density for horse facilities shall be determined by the
following criteria:
(a) Maximum density shall be twenty-five (25) horses per acre.
(b)Minimum riding area shall be five thousand (5,000) square feet per fifteen (15) horses. For
facilities with over one hundred (100) horses, two separate arenas shall be provided. In the
alternative, offsite riding area shall be provided adjacent to the facility at the rate of one acre per
fifteen (15)horses.
(c) Exercise rings shall have no dimension less than thirty(30) feet.
(d) The minimum arena size shall be ten thousand (10,000) square feet with no dimension less
than eighty(80) feet.
3. Maximum Building Height. Maximum building height shall be thirty(30) feet.
4. Required Setbacks.
jmp./planning/le.-isdrft 230 24
Front: 50 feet
(30 feet for caretaker's residence)
Interior side: 25 feet
Exterior side: 50 feet
Rear: 25 feet
Minimum distance to any 300 feet
residential zone or use:
5. Corral Design. Corrals designed for one horse shall comply with the following requirements.
Corrals designed for more than one horse shall provide a minimum area per horse as indicated
below. All corrals, racks and stalls shall be of compatible design, materials to be approved by the
fire department.
(a) Corral size: 288 square feet
Minimum dimension: 12 feet
Shelter size: 96 square feet
Minimum dimension: 8 feet
(b) Each corral shall have an approved water system with automatic drinking controls provided.
(c) Box stalls may be provided in lieu of horse corrals. Such stalls shall be a minimum of 144
square feet with no dimension less than twelve (12) feet.
6. Wash rack. One wash rack per thirty-five (35) horses or fraction thereof shall be provided
subject to the following requirements. Wash racks designed for more than one horse shall
provide a minimum area per thirty-five (35) horses as indicated below:
(a) Individual wash racks shall be 6 feet by 8 feet.
(b) Each wash rack shall have an approved watering system and be connected to a sewer facility
with a back-siphon device at the water source.
(c) A concrete slab floor shall be provided.
C. Insect and Rodent Control.
1. Feed mangers or boxes shall not be placed near water sources.
2. Nonleak valves shall be provided for all troughs, bowls, cups and other water sources.
jmp/planning'legisdrft 230 25
3. Automatic valves or sanitary drains shall be provided for large troughs or cups.
4. Grading in paddocks and corrals shall be properly integrated into a master drainage plan to
prevent ponding of water. Shelters shall be sloped away from the center of the corrals, or rain
gutters shall be installed to the exterior of the corral.
5. Method of disposal of solid wastes shall be approved by Planning Commission. Trash disposal
areas and dumpsters shall be designated and conveniently located with an all-weather road
access provided.
6. All dry grains shall be stored in rodent-proof metal containers and hay storage shall be
covered. Bulk or commercial amounts of grain or hay shall be located a minimum of fifty(50)
feet away from any horse enclosure.
D. Miscellaneous Operating Requirements.
1. The ground surface of horse enclosures shall be graded above their surroundings. A grading
plan shall be submitted prior to issuance of a conditional use permit.
2. Storage and tack areas shall be designated on the site plan.
3. Continuous dust control of the entire premises shall be maintained subject to the regulations
contained in Huntington Beach Municipal Code Chapter 8.24. The method for water sprinkling
arenas and exercise pens shall be indicated on the site plan.
4. A permanent single family residence shall be provided on the site with a watchman on duty
twenty-four(24) hours a day. Two fully enclosed parking spaces shall be provided. Where a
mobilehome is used to satisfy this requirement, one carport space and one open space shall be
permitted.
5. A back-siphoning device shall be installed to protect the public water supply. An approved
pressure vacuum breaker is recommended on the waterline serving the corrals. The vacuum
breaker shall be at least twelve (12) inches above the highest point of water usage or an approved
double-check valve may be used.
6. Security lighting shall be confined to the site and all utilities shall be installed underground.
7. A log containing the name of every horse, its location in the facility, the owner's name and
address, and the names and addresses of persons to be notified in case of emergency shall be
maintained in the watchman's quarters for ready reference.
8. All fire protection appliances, appurtenances, emergency access, and any other applicable
requirements,pursuant to Huntington Beach Municipal Code Chapter 17.56, shall meet the
specifications of the fire department.
9. The entire site, exclusive of riding areas, shall be fenced in such a manner as to confine horses
within the site in order to protect the perimeter landscaping from damage. Individual corrals shall
be enclosed by a minimum five(5) foot high fence.
E. Off-street Parking and Landscaping.
jmp./planning/legisdrft 230 26
1. Parking and circulation design shall comply with the standards outlined in Chapter 231. In
addition, the perimeter of the parking area shall be delineated by pilasters or wooden poles with
chain, cable, or heavy rope connectors. The parking lot shall be surfaced in accord with the
specifications of the Department of Public Works.
2. Landscaping, as set out in Chapter 232, shall be provided except that the minimum landscaped
area required shall be a ten(10) foot wide (inside dimension)planter along all property lines.
230.50 Indoor Swap Meets/Flea Markets
Indoor swap meets/flea markets shall comply with the following requirements:
A. Conditional Use Permit Required. Indoor swap meets/flea market uses may be permitted as
temporary uses only upon approval of conditional use permit by the Planning Commission for a
period of time not to exceed ten (10) years. One year extension of time may be granted after
public hearing by the Planning Commission.
B. Location Considerations: The Planning Commission shall consider the following issues when
evaluating a proposed conditional use permit:
1. The site's proximity to residences, schools, hospitals and other noise sensitive uses.
2. The potential adverse impacts on traffic circulation and pedestrian safety.
3. The site's proximity to other indoor swap meets/flea markets to avoid over concentration of
facilities.
4. The site's proximity to businesses processing hazardous materials.
C. Location Criteria.
1. Indoor swap meet/flea market uses shall only be allowed on property located adjacent to
arterial streets.
D. Minimum Building Size.
1. Minimum building gross floor area shall be one hundred thousand (100,000) square feet.
E. Miscellaneous Requirements.
1. Ancillary Uses. Ancillary uses may be permitted as included on the approved site plan. Such
uses shall be included as part of the initial conditional use permit requirements or shall be subject
to new entitlement if proposed after the initial application has been filed.
2. Signs. Individual vendors shall not be permitted any outdoor signs, including temporary. Signs
shall comply with the standards outlined in Chapter 233.
3. Parking. Parking shall comply with the standards outlined in Chapter 231.
230.52 (Reserved)
jmp/planning%legisdrft 230 27
230.54 (Reserved)
230.56 (Reserved)
230.58 (Reserved)
230.60 (Reserved)
All Districts
230.62 Building Site Required
No building or structure shall be erected or moved onto any parcel of land in the city except on a
lot certified in compliance with the Subdivision Map Act and local subdivision and zoning
provisions at time of creation or on a parcel created as a result of a public taking. No building or
structure shall be altered or enlarged to increase the gross floor area by more than 50 percent
within any one-year period except on a legal building site.
230.64 Development on Substandard Lots
Development on substandard lots shall be subject to approval of a conditional use permit by the
Zoning Administrator. A legally created lot having a width or area less than required for the base
district in which it is located may be occupied by a permitted or conditional use if it meets the
following requirements or exceptions:
A. The lot must have been in single ownership separate from any abutting lot on the effective
date of the ordinance that made it substandard. Two or more contiguous lots held by the same
owner shall be considered as merged if one of the lots does not conform to the minimum lot size
or width for the base district in which it is located.
B. A substandard lot shall be subject to the same yard and density requirements as a standard lot,
provided that in an R district, one dwelling unit may be located on a substandard lot that meets
the requirements of this section.
C. An existing legal lot comprising a minimum size of 5,000 square feet or greater and a
minimum width of 50 feet or greater shall not be considered substandard for purposes of this
section.
230.66 Development on Lots Divided by District Boundaries
The standards applicable to each district shall be applied to the area within that district. No use
shall be located in a district in which it is not a permitted or conditional use. Pedestrian or
vehicular access from a street to a use shall not traverse a portion of the site in a district in which
the use is not a permitted or conditional use.
230.68 Building Projections Into Yards and Courts
Projections into required yards and courts shall be permitted as follows:
ALLOWABLE PROJECTIONS IN FEETa
Front Side Street Side Rear
jmp/planning/legisdrft 230 28
Yard Yard Yard Yard
i
Fireplace or chimney ; 2.5 2.5b 2.5 ; 2.5
Cornice eaves and ornamental features 3 2.5b 3 3
(Mechanical equipment 2 2b 2b j 2
:
-
i
Uncovered porches, terraces, platforms,
subterranean garages, decks, and patios not more 6 3 4 5
than 3 feet in height serving only the first floor I
Stairs, canopies, awnings and uncovered porches 4 2b 4 4b
more than 3 feet in height
3
'Bay windows 2.5 2.5b 2.5 2.5
3
;Balconies ; 3 2b 3 3
i
'Covered patios 0 0 5c 5
Notes: allo individual projection shall exceed 1/3 of the building length, and the total of all
projections shall not exceed 2/3 of the building length on which they are located.
bA 30-inch clearance from the property line shall be maintained.
cNo projection shall extend more than 1/2 the width of the street side yard.
230.70 Measurement of Height
This section establishes standards for determining compliance with the maximum building height
limits prescribed for each zoning district or as modified by an overlay district.
A. Datum (100) shall be set at the highest point of the curb along the front property line. If no
curb exists, datum shall be set at the highest centerline of the street along the front property line.
I
jmp./planning/legisdrft 230 29
B. The differential between top of subfloor and datum shall be a maximum of two (2) feet as
determined by Public Works. In the event that any subfloor, stemwall or footing is proposed
greater than two (2) feet above datum, the height in excess shall be deducted from the maximum
allowable ridgeline height.
1. Lots with a grade differential of three (3) feet or greater between the high point and the
low point, determined before rough grading, shall be subject to conditional use permit
approval by the Zoning Administrator. Conditional use permit approval shall be based
upon a building and grading plan which terraces the building with the grade and which is
compatible with adjacent development.
230.72 Exceptions to Height Limits
Chimneys; vent pipes; cooling towers; flagpoles; towers; spires; domes; cupolas; parapet walls
not more than 4 feet high; water tanks; fire towers; transmission antennae; radio and television
antennas (except satellite dish antennae); and similar structures and necessary mechanical
appurtenances (except wind-driven generators)may exceed the maximum permitted height in the
district in which the site is located by no more than 10 feet. The Zoning Administrator may
approve greater height with a conditional use permit. Within the coastal zone exceptions to
height limits may be granted only when public visual resources are preserved and enhanced
where feasible. (3334)
230.74 Outdoor Facilities
A. Permit Required. Outdoor storage and display of merchandise, materials, or equipment,
including display of merchandise, materials, and equipment for customer pickup, shall be subject
to approval of a conditional use permit by the Zoning Administrator in the CG, IL, IG, CV and
SP districts. Sidewalk cafes and outdoor food service accessory to an Eating and Drinking
Establishment shall be permitted subject to approval of a conditional use permit by the Zoning
Administrator in the CO, CG, CV, OS and SP districts, but no outdoor preparation of food or
beverages shall be permitted.
B. Permit Conditions: Grounds for Denial. The Zoning Administrator may require yards,
screening, or planting areas necessary to prevent adverse impacts on surrounding properties. If
such impacts cannot be prevented, the Zoning Administrator shall deny the conditional use
permit application.
C. Exceptions. Notwithstanding the provisions of subsections (A) and(B) above, outdoor storage
and display shall be permitted in conjunction with the following use classifications in districts
where they are permitted or conditionally permitted:
1. Nurseries, provided outdoor storage and display is limited to plants, new garden equipment
and containers only; and
2. Vehicle/Equipment Sales and Rentals,provided outdoor storage and display shall be limited to
vehicles, boats, or equipment offered for sale or rent only.
D. Screening. Outdoor storage and display areas for rental equipment and building and
landscaping materials shall be screened from view of streets by a solid fence or wall. The height
jmp'planning%legisdrft 230 30 j
of merchandise, materials, and equipment stored or displayed shall not exceed the height of the
screening fence or wall.
230.76 Screening of Mechanical Equipment
1. General Requirement. Except as provided in subsection (B)below, all exterior
mechanical equipment, except solar collectors and operating mechanical equipment in an
I District located more than 100 feet from another zoning district boundary, shall be
screened from view on all sides. Equipment to be screened includes, but is not limited to,
heating, air conditioning, refrigeration equipment, plumbing lines, ductwork, and
transformers.
Screening of the top of equipment may be required by the Director, if necessary to protect views
from an R or OS district. Rooftop mechanical equipment shall be setback 15 feet from the
exterior edges of the building.
B. Utility Meters and Backflow Prevention Devices. Utility meters shall be screened from view
from public right-of-way. Electrical transformers in a required front or street side yard shall be
enclosed in subsurface vaults. Backflow prevention devices shall not be located in the front yard
setback and shall be screened from view.
C. Screening Specifications. A mechanical equipment plan shall be submitted to the Director to
ensure that the mechanical equipment is not visible from a street or adjoining lot.
230.78 Refuse Storage Areas
I
A. Refuse storage area screened on three sides by a 6-foot masonry wall and equipped with a
gate, or located within a building, shall be provided prior to occupancy for all multi-family
residential, commercial, industrial, and public/semipublic uses. Locations, horizontal
dimensions, and general design parameter of refuse storage areas shall be as prescribed by the
Director, subject to appeal to the Planning Commission. The trash area shall not face a street or
be located in a required setback. The design and materials used in such trash enclosures shall
harmonize with the main structure.
230.80 Antennae
A. Purpose. The following provisions are established to regulate installation of antennae to
protect the health, safety, and welfare of persons living and working in the City and to preserve
the aesthetic value and scenic quality of the City without imposing unreasonable limitations on,
prevent the reception of signals, or imposing excessive costs on the users of the antennae.
B. Permit Required. Approval by the Director shall be required for the installation of a satellite
antenna to ensure compliance with the locational criteria. Construction shall be subject to the
provisions of the Uniform Building Code and National Electrical Code, as adopted by the City.
Within the coastal zone, approval of a coastal development permit shall be required for
installation of any antenna that meets the definition of development in Section 245.04 unless it is
exempt pursuant to Section 245.08.(sssa)
jmp/planning legisdrft 230 31
C. Locational Criteria: Satellite Antennae. A satellite antenna may be installed on a lot in any
zoning district if it complies with the following criteria:
1. Number: Only one satellite antenna may be permitted on a residential lot.
2. Setbacks: Interior side and rear property lines, 10 feet, except that no setback shall be required
in interior side and rear setback areas if the antenna does not exceed 6 feet in height. No antenna
shall be located in a required front yard. When roof-mounted, the antenna shall be located on the
rear one-half of the roof.
3. Maximum Height: The maximum height of a satellite antenna shall not exceed 10 feet if
installed on the ground or the maximum building height for the district in which the antenna is
located, if roof-mounted.
4. Maximum Dimension: The maximum diameter shall not exceed 10 feet in all districts with the
exception that the diameter may be increased in nonresidential districts if a conditional use
permit is approved by the Zoning Administrator.
5. Screening: The structural base of a satellite antenna, including all bracing and appurtenances,
but excluding the dish itself, shall be screened from public view and adjoining properties by
walls, fences, buildings, landscape, or combinations thereof not less than 7 feet high so that the
base and support structure are not visible from beyond the boundaries of the site at a height-of-
eye 6 feet or below.
6. Undergrounding: All wires and/or cables necessary for operation of the antenna or reception
of the signal shall be placed underground, except for wires or cables attached flush with the
surface of a building or the structure of the antenna.
7. Surface Materials and Finishes: No advertising or text or highly reflective surfaces shall be
permitted.
8. Exception: Requests for installation of satellite antennae on sites that are incapable of
receiving signals when installed pursuant to the locational criteria may be permitted subject to
conditional use permit approval by the Zoning Administrator. The applicant shall submit
documentation that installation at a height greater than permitted, or in another yard area, is
necessary for the reception of usable satellite signals. Applications shall be approved upon
finding that the aesthetic value and scenic quality of the City is preserved, pedestrian or vehicular
traffic vision is not obstructed, and upon the findings contained in Chapter 241.
230.82 Performance Standards For All Uses
A. Applicability and Compliance. The development standards set forth in this section apply to
every use classification in every zoning district unless otherwise specifically provided. The
Director may require evidence of ability to comply with development standards before issuing an
entitlement.
B. Air Contaminants. Every use must comply with rules, regulations and standards of the South
Coast Air Quality Management District (SCAQMD). An applicant for a zoning permit or a use,
jmp/planningdegisdrft 230 32
activity, or process requiring SCAQMD approval of a permit to construct must file a copy of the
SCAQMD permit with the Director. An applicant for a use, activity, or process that requires
SCAQMD approval of a permit to operate must file a copy of such permit with the Director
within 30 days of its approval.
C. Storage On Vacant Lot. A person may not store, park, place, or allow to remain in any part of
a vacant lot any unsightly object. This does not apply to building materials or equipment for use
on the site during the time a valid building permit is in effect for construction on the premises.
230.84 Dedication and Improvements
1. Dedication Required. Prior to issuance of a building permit, or prior to the use of land for
any purpose, all real property shall be dedicated or irrevocably offered for dedication
which the City requires for streets, alleys, including access rights and abutters'rights,
drainage,public utility easements, and other public easements. In addition, all streets and
alleys shall be improved, or an agreement entered into for such improvements including
access rights and abutters'rights, drainage, public utility easements, and other easements.
B. Exceptions. Dedication shall not be required prior to issuance of a building permit for:
1. Interior building alterations which do not exceed a third of the value of a building, as defined
in the Uniform Building Code, and which effect no change of occupancy.
2. Exterior building alterations or additions for a residential use which do not exceed a third of
the value of the building, as defined in the Uniform Building Code, and add no additional
residential units.
3. Fences and walls.
4. Temporary uses, as specified in this code.
5. Horticultural Uses. The dedication herein required may be reviewed at the time of entitlement.
Upon request by the applicant, a temporary postponement, not to exceed one (1) year, may be
granted upon consideration of the following criteria:
a. Type of horticultural use proposed.
b. Duration (temporary or permanent).
c. Vehicular access and effect of the proposed use on traffic in the vicinity of the site.
d. Relationship between the proposed requirements and an anticipated expanded use.
e. Dedication shall not be required for any purpose not reasonably related to such horticultural
use.
C. Dedication Determinants. Right-of-Way dedication width shall be determined by either of the
following:
1. Department of Public Works standard plans; or
jmp,/planning/legisdrft 230 33
2. A precise plan of street, highway or alley alignment.
D. Improvements.
1. No building permit shall be issued by the Building Division until an application for permit has
been filed, street improvements plans and specifications have been submitted for plan check, and
all fees, established by resolution of the City Council, have been paid. The Building Division
shall issue such building permit after determining that the work described in the application and
the accompanying plans conforms to requirements of the Huntington Beach Building Code and
other pertinent laws and ordinances.
2. The Building Division shall make a frame inspection, as required by the Huntington Beach
Building Code, at which time all offsite improvements, including curbs, gutters, and street
paving, shall be completed.
3. Improvements required by this code may be deferred in the following instances and upon
adherence to the following requirements and regulations:
a. Where the grade of the abutting right-of-way has not been established prior to the time when
onsite structures qualify for final release for occupancy.
b. Where a drainage system would be delayed by the installation of improvements.
c. Where an agreement is entered into with the City to install improvements by a date certain,
said agreement shall be secured by a bond or deposit equal to 150 percent of the City's estimate
(including inflation estimates) of the required improvements. Such bond or cash shall be
deposited with the City Treasurer.
d. Where the developer has agreed with the City in writing that the deposit required by
subsection (3) of this section may be used by the City after an agreed upon time to complete the
required improvements, the remainder of such deposit, if any, shall be returned to the developer
upon completion of such improvements by the City.
e. The Director of Public Works is authorized to receive applications from persons desiring
waivers of street improvement requirements and to enter into the necessary written agreements
with such applicants. A nonrefundable fee set by resolution of the City Council shall accompany
such application.
4. Where construction is limited to one lot and the erection of a detached single family dwelling
thereon, street improvements shall include curb, gutter, sidewalk, street trees, street lights, sewer
and water main extensions, and ten(10) feet of street paving to meet Department of Public
Works standards. Where necessary, temporary paving shall be installed to join existing street
improvements.
230.86 Seasonal Sales
A temporary sales facility for the sale of seasonal products including Christmas trees, Halloween
pumpkins, or a single, season agricultural product not grown on site are permitted adjacent to
jmp/planning/legisdrft 230 34
any arterial highway in any district and on all church or school sites as a temporary use approved
by the Director and in compliance with the following:
A. Time Limit.
1. A Christmas tree sales facility shall not be open for business during any calendar year prior to
Thanksgiving.
2. A Halloween pumpkin sales facility shall not be open for business during any calendar year
prior to October 1.
3. A single agricultural product sales facility shall be approved for a period of time not to exceed
90 days.
B. Merchandise to be Sold. A permitted Christmas tree or Halloween pumpkin sales facility may
not sell items not directly associated with that season. Only one single, season agricultural
product may be sold at any one time.
C. Site Standards.
1. Storage and display of products shall be set back not less than ten(10) feet from edge of street
pavement, and shall not encroach into the public right-of-way.
2. A minimum of ten (10) off-street parking spaces shall be provided.
3. Ingress and egress to the site shall be reviewed by the Department of Public Works to insure
that no undue traffic safety hazard will be created.
4. Temporary structures shall comply with Building Division standards.
5. Electrical permit shall be obtained if the facility is to be energized.
6. The facility shall comply with fire prevention standards as approved and enforced by the Fire
Chief.
D. Bond Required. Prior to issuance of a business license and approval by the Director, a five
hundred dollar($500) cash bond shall be posted with the City to ensure removal of any structure,
cleanup of the site upon termination of the temporary use, and to guarantee maintenance of the
property. A bond shall not be required for a seasonal sales facility operated in conjunction with a
use on the same site.
E. Removal of facility. The seasonal sales facility shall be removed and the premises cleared of
all debris and restored to the condition prior to the establishment within ten calendar days of
Halloween, Christmas, or the expiration of the time limit for single season agricultural product.
230.88 Fencing and Yards
No portion of a required yard area provided for a structure on a lot shall be considered as part of
the yard area for any other structure on the same or an adjacent lot. In all districts, minimum
setback lines shall be measured from the ultimate right-of-way line. Diagrams A, B and C are
i
jmpiplanning;legisdrft 230 35
hereby adopted to illustrate the provisions of this chapter. Where any discrepancy occurs
between the diagrams and the printed text, the text shall prevail. Yards and fencing shall comply
with the following criteria in all districts or as specified.
A. Permitted Fences and Walls.
1. Fences or walls a maximum of forty-two (42) inches in height may be located in any portion
of a lot, except screen walls on lots in the RMH-A subdistrict shall be set back a minimum of
three (3) feet from the front property line. Fences or walls exceeding forty-two (42) inches in
height may not be located in the required front yard, except as permitted elsewhere in this
Section. (3334-6/97,3410-3/99)
2. Fences or walls a maximum of six (6) feet in height may be located in required side and rear
yards, except as excluded in this Section. Fences or walls exceeding six (6) feet in height may be
located in conformance with the yard requirements applicable to the main structure except as
provided for herein or in the regulations of the district in which they are located.
3. Fences or walls in the rear yard setback area of a through-lot shall not exceed forty-two (42)
inches in height. This subsection shall not apply to lots abutting arterial highways.
4. In the RL district, garden or wing walls or fences equal in height to the first floor double plate,
but not exceeding nine (9) feet, which are perpendicular to and entirely within a side yard may be
constructed to the interior side property line and to within five (5) feet of the exterior side
property line provided they are equipped with a three (3) foot gate or accessway.
5. When residential property abuts open or public land or property zoned or used for office,
commercial, or industrial purposes, an eight (8) foot high solid masonry or block wall may be
constructed on the common side or rear property line.
6. In order to allow variations in the street scene in R districts, fences or walls exceeding forty-
two (42) inches in height may be permitted at a reduced front setback of six (6) feet subject to
plan review approval by the Director in conformance with the following criteria:
a. The reduced setback shall be only permitted for five (5) or more contiguous lots under the
same ownership and only at the time of initial construction of the dwellings.
b. Such walls shall not encroach into the visibility triangular area formed by measuring seven
and one-half(7.5) feet along the driveway and ten (10) feet along the front property line at their
point of intersection.
c. Such walls shall conform to all other applicable provisions of this section.
7. Retaining walls shall comply with the following:
a. Where a retaining wall is located on the property line separating lots or parcels and protects a
cut below the natural grade, such retaining wall may be topped by a fence, wall or hedge of the
same height that would otherwise be permitted at the location if no retaining wall existed.
jmp/planning/legisdrft 230 36
b. Where a retaining wall is on the property line of a rear yard abutting an arterial or exterior side
yard and contains a fill of two (2) ft. or less or protects a cut below the existing grade, such
retaining wall may be topped with a six (6) ft. decorative masonry wall.
c. Where a retaining wall is on the property line of a rear yard abutting a local street, the
maximum retaining wall height shall be twenty-four(24) inches as measured from the adjacent
curb and may be topped with a maximum eighteen(18) inch decorative wall or fence for a total
height of forty-two (42) inches.
d. (1)The maximum height of a retaining wall on the front property line shall be thirty-six(36)inches as measured
from the top of the highest adjacent curb. Subject to the Director's approval,a maximum forty-two(42)inch high
wall or fence may be erected above the retaining wall with a minimum three(3)foot setback from the front property
line. (3334-6/97,3410-3/99)
(2)In the RMH-A subdistrict,the maximum height of a retaining wall on the front property line shall be eighteen
(18)inches as measured from the top of the highest adjacent curb. Subject to the Director's approval,a second
retaining wall up to eighteen(18)inches in height may be erected above the eighteen(18)inch high retaining wall
with a minimum three(3)foot front setback.A wall or fence up to forty-two(42)inches in height may be erected on
top of the retaining wall with the minimum three foot front setback.(See Exhibit below.)(3410-3/99)
Missing drawing.
* See Maximum building height in Chapter 210. (3410-3/99)
e. All retaining walls abutting a street shall be waterproofed to the satisfaction of the Director.
f. Retaining wall and fence combinations over eight (8) feet in height shall be constructed with a
variation in design or materials to show the distinction. Retaining wall and fence combinations
over six (6) feet in height shall be designed without decorative block or cap block, except if
equal in strength to the main portion of the fence.
8. The height of any fence, wall or hedge located in the front yard setback shall be measured
from top of the highest adjacent curb. All other fence heights shall be measured from existing
grade.
9. Any fence or wall located on the front property line shall be approved by the Department of
Public Works.
10. In the industrial districts, nine (9) foot high fences may be permitted in the side and rear
setbacks up to the front building line subject to plan review approval by the Director.
11. Deviations from the maximum height requirements for walls as prescribed by this Section
may be permitted subject to an approval of conditional use permit by the Zoning Administrator.
12. Within the coastal zone, no gate, fence or wall shall be permitted that restricts or obstructs
public access to the shore.(3334)
B. Required Walls.
jmp,-planning/'legisdrft 230 37
1. When office, commercial or industrial uses abut property zoned or used for residential, a
six (6) foot high solid six (6) inch concrete block or masonry wall shall be required. If a
wall meeting these standards already exists on the abutting residential property,
protection from vehicle damage shall be provided by a method approved by the Director.
The maximum fence height shall be eight(8) feet at the common property line, subject to
the same design standards and setback requirements as specified for six (6) foot high
fences.
2. Industrial screening walls abutting arterial highways shall be architecturally compatible with
surrounding properties, constructed of a minimum six (6) inch wide decorative masonry block,
and designed with landscape pockets at thirty-five (35) foot intervals along the street side
sufficient in size to accommodate at least one (1) 15-gallon tree. Approval of a conditional use
permit by the Zoning Administrator shall be required prior to construction of such walls.
C. Visibility.
1. On reverse corner lots and corner lots abutting an alley, no fence, wall or hedge greater than
forty-two (42) inches in height may be located within the triangular area formed by measuring
ten (10) feet from the intersection of the rear and street side property lines.
2. On corner lots, no fence, wall, landscaping,berming, sign, or other visual obstruction between
forty-two (42) inches and seven (7) feet in height as measured from the adjacent curb elevation
may be located within the triangular area formed by measuring twenty-five (25) feet from the
intersection of the front and street side property lines or their prolongation. Trees trimmed free of
branches and foliage so as to maintain visual clearance below seven (7) feet shall be permitted.
3. Visibility of a driveway crossing a street or alley property line or of intersecting driveways
shall not be blocked between a height of forty-two (42) inches and seven(7) feet within a
triangular area formed by measuring ten (10) feet from intersecting driveways or street/alley and
driveway.
DIAGRAM A
Missing drawing
STREET/ALLEY
DIAGRAM B
Missing drawing
230.90 Contractor's Storage Yards/Mulching Operation
Contractor's storage yards in conjunction with public facility improvement contracts, and
mulching operations on unimproved public or private property may be permitted subject to the
following:
A. Initial approval shall be for a maximum of two (2)years. The use shall be eligible for a
maximum of three one year extensions by the Planning Commission.
jmp/planning/legisdrft 230 38
B. The development shall comply with parking, access and setback requirements contained in
Chapter 231.
jmp/planning'legisdrft 230 39
230.92 Landfill Disposal Sites
Excavation of landfills or land disposal sites shall be subject to the requirements of this section.
These provisions are not intended to apply to grading and surcharging operations, permitted
under Appendix Chapter 70 of the Uniform Building Code. Permits for grading on previously
approved development projects shall be subject to approval of the Director.
A. Land Disposal Site/Definitions. The following words and phrases shall be construed as
defined herein unless a different meaning is apparent from the context:
1. Excavation. Any activity and/or movement of material which exposes waste to the
atmosphere.
2. Land disposal site. Any site where land disposal of Group I, II or III waste, as defined by the
California Administrative Code, has been deposited either legally or illegally on or into the land,
including but not limited to landfill, surface impoundment, waste piles, land spreading, dumps,
and coburial with municipal refuse.
B. Operations Plan.
1. No person shall conduct any excavation activity at any land disposal site in the City of
Huntington Beach without first submitting to the City an operations plan approved by the
Director. Such plan shall include complete information regarding the identity, quantity and
characteristics of the material being excavated, including a chemical analysis performed by a
laboratory acceptable to the City, together with the mitigation measures that will be used to
insure that health hazards, safety hazards, or nuisances do not result from such activity.
2. Mitigation measures contained in the operations plan may include gas collection and disposal
of waste, encapsulation, covering waste, chemical neutralization, or any other measures deemed
necessary by the City.
3. Ambient air quality monitoring, as well as other monitoring or testing deemed reasonably
necessary, shall be included in the operations plan.
C. Approval of Operations Plan.
1. The City shall not approve an operations plan unless such plan includes provisions for the
immediate cessation of excavation activity when the operator, or any agent thereof, of a land
disposal site has been notified by the City that a nuisance, health, or safety hazard has or is about
to occur as a result of such activity therein.
1. Upon determination by any government agency that a nuisance, safety, or health problem
exists on any land disposal site in the City, mitigation measures, contained in the
operations plan, shall be implemented immediately.
D. Hazardous Waste Sites. For any land disposal site determined to be a hazardous waste site by
the State Department of Health Services and/or the City of Huntington Beach, the following
additional measures shall be taken prior to excavation of such site:
jmp/plannin le.-isdrft 230 40
1. All property owners within a half mile radius of the site shall receive written notice of all
public hearings to be held regarding proposed excavation on the site. The cost of preparing and
mailing such notice shall be paid by the operator/applicant.
2. A type of bond, acceptable to the City Attorney, shall be posted by the operator/applicant
insuring that necessary funds are available to restore the site to a safe condition if excavation is
prematurely terminated.
3. 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.
E. Operations Plan Contents. The operations plan shall contain the following:
1. A plan establishing lines of authority and responsibility between public agencies and the
operator/applicant, or his agents, during excavation. The plan shall contain specific procedures to
be followed by all responsible parties involved with the excavation.
2. A plan containing specific measures to monitor air quality to be implemented during
excavation to prevent the exposure of onsite workers or area residents to unhealthful vapors from
the site. If deemed necessary by the State Department of Health Services, the plan shall also
include specific measures for evacuation of residents in the vicinity of the site.
3. A plan showing specific routes for vehicles transporting hazardous wastes from the site.
4. A plan containing specific steps for restoration of the site to a safe condition if excavation is
terminated prematurely.
F. Exemptions. The following activities shall be exempt from the requirements of this section
unless otherwise determined by the Director:
1. The drilling of holes up to twenty-four(24) inches in diameter for telephone or power
transmission poles or their footings.
2. The drilling of oil wells, gas wells or landfill gas collection wells or the maintenance of gas or
leachate collection systems.
3. Any excavation activity which has been determined by the Director to pose an insignificant
risk, or any activity which has been covered sufficiently in a plan prepared for any other agency
having jurisdiction over the site.
G. Excavation Activity Prohibited.
1. No person shall excavate at any land disposal site in the City of Huntington Beach unless he or
she first certifies that all applicable regulations of other public agencies with jurisdiction over
hazardous waste sites have been met.
2. Compliance with the provisions of this section shall not exempt any person from failing to
comply with the requirements of the California Health and Safety Code, and any other applicable
codes, rules or regulations.
jmp.%plannina'legisdrft 230 41
230.94 Carts and Kiosks(Note:Not certfied by the California Coastal Commission;however,these provisions are in
effect and will be enforced by the City of Huntington Beach)(3334)
Carts and kiosks may be permitted on private property zoned for commercial purposes, subject to
conditional use permit approval by the Zoning Administrator and compliance with this section.
Carts and kiosks may be permitted as a temporary use on public property subject to Specific
Event approval pursuant to Chapter 5.68. (32496/95)
A. Location and Design Criteria. Cart and kiosk uses shall conform to the following: (32496/95)
1. No portion of a cart or kiosk shall overhang the property line. (3249695)
2. The cart or kiosk shall not obstruct access to a parked vehicle, impede the delivery of
materials to an adjoining property, interfere with access to an adjoining property or interfere with
maintenance or use of street furniture.(32496/95)
3. The cart or kiosk shall not exceed a maximum of four(4) feet in width excluding any wheels,
eight (8) feet in length including any handle, and no more than six (6) feet in height excluding
canopies, umbrellas or transparent enclosures unless a larger size is approved by the Zoning
Administrator. (32496/95)
B. Factors to Consider. The Zoning Administrator shall consider the following factors regarding
the location and the design of cart or kiosk uses including: (3249695)
1. Appropriateness of the cart or kiosk design, color scheme, and character of its location;(32496/95)
2. Appropriateness and location of signing and graphics;(32496 95)
3. The width of the sidewalk or pedestrian accessway;(32496 95)
4. The proximity and location of building entrances;(32496/95)
5. Existing physical obstructions including, but not limited to signposts, light standards, parking
meters, benches, phone booths, newsstands, utilities and landscaping; (3249695)
6. Motor vehicle activity in the adjacent roadway including but not limited to bus stops, truck
loading zones, taxi stands, hotel zones, passenger loading or parking spaces; (32496/95)
7. Pedestrian traffic volumes; and (32496/95)
8. Handicapped accessibility. (32496 95)
C. Operating Requirements, Provisions and Conditions.
1. During hours of operation, the cart or kiosk must remain in the location specified on the
approved site plan. (32496/95)
2. A cart or kiosk operator shall not sell to or solicit from motorists or persons in vehicles. (3249-
6/95)
3. The cart or kiosk operator shall pay all fees and deposits required by the Huntington Beach
Municipal Code prior to the establishment of the use. (32496/95)
jmp/planning/legisdrft 230 42
4. All provisions of the Huntington Beach Municipal Code which are not in conflict with this
section shall apply. (32496/95)
5. The prices of items sold from a cart or kiosk must appear in a prominent, visible location in
legible characters. The price list size and location shall be reviewed and approved by the Zoning
Administrator. (32496/95)
6. The sale of alcoholic beverages shall be prohibited. (32496/95)
7. The number of employees at a cart or kiosk shall be limited to a maximum of two (2)persons
at any one time. (32496/95)
8. Fire extinguishers may be required at the discretion of the Fire Department. (32496/95)
9. All cart and kiosk uses shall be self contained for water, waste, and power to operate. (32496/95)
10. A cart or kiosk operator shall provide a method approved by the Zoning Administrator for
disposal of business related wastes. (32496/95)
D. Parking. Additional parking may be required for cart or kiosk uses by the Zoning
Administrator. (32496/95)
E. Review; Revocation. The Community Development Department shall conduct a review of the
cart or kiosk operation at the end of the first six (6) month period of operation. At that time, if
there has been a violation of the terms and conditions of this section or the conditional use
permit, a public hearing shall be scheduled before the Zoning Administrator for revocation
pursuant to Section 241.16 and 249.06. (32496/95)
Huntington Beach Zoning and Subdivision Ordinance
Chapter 230 23042 5/97
jmp/planninoegisdrft 230 43
ORDINANCE NO. 9
LEGISLATIVE DRAFT
Chapter 231 Off-Street Parking and Loading Provisions
Sections:
231.02 Basic Requirements for Off-Street Parking and Loading
231.04 Off-Street Parking and Loading Spaces Required
231.06 Joint Use Parking
231.08 Reduced Parking for Certain Uses
23 1.10 Parking In-Lieu Payments Within Downtown Specific Plan Area
231.12 Parking Spaces for the Handicapped
231.14 Parking Space Dimensions
23 L 16 Application of Dimensional Requirements
231.18 Design Standards
231.20 Compact Parking
231.22 Driveways; Visibility
231.24 Landscape Improvements
231.26 Parking Area Plan Required
231.28 Oceanside or On-Street Parking within the Coastal Zone
231.02 Basic Requirements for Off-Street Parking and Loading (3334-6/97)
A. When Required. At the time of initial occupancy of a site, constriction of a structure,
or major alteration or enlargement of a site or structure, off-street parking facilities and
off-street loading facilities shall be provided in accord with this chapter and parking area
landscaping shall be provided in accord with Chapter 232. For the purposes of these
requirements, "major alteration or enlargement" shall mean a change of use, an expansion
of greater than 50 percent of the existing space in a non-residential building or an
jmp/planning/chap 23 1 legis/3/8/01 I
addition of bedrooms or units in a residential building. A change in occupancy that does
not involve a change in the use classification is not considered a change in use for
purposes of this requirement unless the change in occupancy involves an intensification
Of use or an increase in parking demand. (3334-6/97)
B. Nonconforming Parking or Loading. No existing use of land or structure shall be
deemed to be nonconforming solely because of the lack of off-street parking or loading
facilities required by this chapter, provided that facilities being used for off-street parking
and loading as of the date of adoption of this chapter shall not be reduced in number to
less than that required by this chapter. Expansion of a use with nonconforming parking
shall be subject to the following requirements: (3334-6/97)
1. A multi-family residential use with nonconforming parking may be expanded by
adding bedrooms or additional units provided that the expansion complies with current
standards contained in this chapter; (3334-6/97)
2. A single-family residence with nonconforming parking maybe expanded by adding
bedrooms provided the dwelling complies with current standards contained in this
chapter; and (3334-6/97)
3. A nonresidential use with nonconforming parking may be expanded less than 50
percent of the existing square footage or intensified if additional parking is provided for
the expansion or intensification. Expansions of 50 percent or more of the existing square
footage require the site to be in total compliance with the current parking standards
contained in this chapter. (3334-6/97)
C. Spaces Required for Alteration or Enlargement. The number of parking spaces or
loading spaces required for an alteration or enlargement of an existing use or structure, or
for a change of occupancy, shall be in addition to the number of spaces existing prior to
the alteration, enlargement, or change of occupancy unless the preexisting number is
greater than the number prescribed in this chapter. In this case, the number of spaces in
excess of the prescribed minimum shall be counted in determining the required number
of parking or loading spaces. (3334-6/97)
D. Spaces Required for Multiple Uses. If more than one use is located on a site, the
number of off-street parking spaces and loading spaces to be provided shall be equal to
the sum of the requirements prescribed for each use. This requirement applies not only to
multiple uses under separate ownership but also to multiple uses in the same ownership.
If the gross floor area of individual uses on the same site is less than that for which a
loading space would be required by Section 231.06A, but the aggregate gross floor area
of all uses is greater than the minimum for which loading spaces would be required, the
aggregate gross floor area shall be used in determining the required number of loading
spaces. (3334-6/97)
E. Location and Ownership. Parking facilities required by this chapter shall be on the
same site as the use served, except that an adjacent lot may be used which is in the same
jnip planning.chap 2
person's possession as the structure or use. Such possession may be by deed or long-term
lease, approved as to form by the City Attorney, and recorded in the Office of the County
Recorder. A copy of the recorded document stipulating the reservation of the property for
parking purposes shall be filed with the City prior to issuance of a building permit and/or
certificate of occupancy, whichever occurs first. No use shall be continued if the parking
is removed from the adjacent lot unless substitute parking is provided. Parking facilities
provided by a parking district or parking authority are not subject to these locational
requirements. (3334-6/97)
1. Parking in Yards in R Districts. The parking of motor vehicles, trailers, campers and
boats shall be prohibited on all landscaped areas within the front one-half of the lot
except as provided below. (3334-6/97)
(a) Oversized vehicles (see Definitions Chapter 203), campers, trailers and boats on
trailers may be parked on the paved driveway area or on a paved area between the
driveway and the nearest side property line provided that they do not project over any
property line and that the area is kept free of trash, debris and parts. (3334-6i97)
(b) Commercial oversized vehicles (see Definitions Chapter 203) or special purpose
machines shall be prohibited in any yard area. (3334-6i97)
2. Parking in Yards in C or I Districts. Required yards may be used for required parking,
subject to the landscaping standards of Chapter 232. (3334-6i97)
3. Access. When a lot abuts an arterial highway and a local street, access to on-site
parking shall be from the local street. When a lot abuts an alley, then access to parking
shall be provided from the alley unless the Planning Commission approves a different
access. When a lot abuts two arterial highways or two local streets, access shall be
subject to the approval of the Director of Public Works. (3334-6/97)
4. Non-residential Parking in R Districts. Non-residential parking serving adjacent
commercial or industrial uses shall not be located in any R zoned property. (3334-697)
F. Computation of Spaces Required. If, in the application of the requirements of this
chapter, a fractional number is obtained, one additional parking space or loading space
shall be required. (3334-6i97)
G. Other Requirements. (3334-6i97)
1. Any off-street parking or loading facility which is permitted but not required shall
comply with all provisions of this chapter governing location, design, improvement and
Operation. (3334-6i97)
2. Any motor vehicle incapable of movement by its own power andior not licensed to
operate on California streets shall be stored either in an enclosed building or entirely
screened from view. (3334-6i97)
imp planning chap 2311e,is.'2,1(01 3
231.04 Off-Street Parking and Loading Spaces Required (3334-6/97)
A. Non-residential uses shall provide one loading space (minimum fourteen [14] feet in
width,twenty [20] feet in length, and fourteen [14] feet in height) for each 20,000 square
feet, or fraction thereof, of gross floor area; however, a maximum of three (3) such spaces
are required for buildings exceeding 60,000 square feet. No loading space is required for
non-residential uses with less than 20,000 square feet of gross floor area. (3334-6/97)
B. Off-street parking spaces shall be provided in accord with the following schedule.
References to spaces per square foot are to be computed on the basis of gross floor area,
unless otherwise specified. (3334-6/97)
Where the use is undetermined, the approving body shall determine the probable use and
the number of parking and loading spaces required. In order to make this determination,
the Director may require the submission of survey data prepared by a state-registered
traffic engineer for the applicant or collected at the applicant's expense. Parking spaces
over and above the minimum number specified in this section may be required by the
body responsible for reviewing the use itself based on the intensity of the use. (3334-6/97)
OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A(3334-6/97)
Use Classification Ispaces
Residential
Single-family Dwellings
New construction
0-4 bedrooms 2 enclosed and 2 open
5 or more bedrooms 3 enclosed per unit and 3 open per unit
Existing Dwellings
0-4 bedrooms 2 enclosed and 2 openl
5 or more bedrooms 2 enclosed per unit and 3 open per unit
2 enclosed spaces per unit with up to three
In the RMH-A district bedrooms, and 1 space for each additional
bedroom; 1 additional space per dwelling where
no on-street parking is allowed
jmp/planning/chap 2311egis/2/8/01 4
Multi-family Dwellings
Studio/one bedroom 1 enclosed space per unit
2 bedrooms 12 spaces (1 enclosed)per unit
3 or more bedrooms 2.5 spaces(1 enclosed)per unit
Guests 0.5 space per unit
lOpen spaces may be behind any required spaces and/or on a street adjacent to the
property. On-street parking may not be reserved for residents and/or guests but must be
available to the general public on a first-come, first-serve basis.
OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A(continued)(3334-6/97)
Use Classification Off-Street Parking Spaces
F
Senior
Studio/one bedroom 1 covered space per unit
Two bedrooms 1.5 spaces per unit(1 covered)
Manufactured Homes 2 spaces per unit; one covered, and one may be
behind the first
Guest 1 per 3 manufactured homes
Rooming House 1 space per guest room plus
1—space per owner/manager plus
F®_ 1 space per each 10 guest rooms
F
Residential Care, Limited 1 per 3 beds
Public and Semi-public
per 35 sq. ft. used for assembly purposes of 1
Clubs and Lodges r 3 fixed seats (18 inches=one seat),
ichever is greater
Cultural Facilities 1 per 300 sq. ft. gross floor area
Day Care, General 1 per staff member plus one per classroom
jmp/planning/chap 23'1legis/2l8i01 5
Government Offices I per 250 sq. ft. gross floor area
Heliports As specified by use permit
Hospitals 1 per 1.5 beds
Maintenance and Service Facilities 1 per 500 sq. ft.
Park and Recreation Facilities As specified by conditional use permit for
private facilities
Public Safety Facilities As specified by the conditional use permit
1 per 35 sq. ft. of public assembly area, or 1 per
Religious Assembly 3 fixed seats (18 inches= 1 seat),whichever is
greater
Residential Care, General [by
per 3 beds; plus additional spaces, as specified
conditional use permit
Schools,Public or Private
Preschools, nursery day care 1 per staff member,plus one per classroom
Elementary,junior high 1.5 per classroom
High school/college 17 per classroom
OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A(continued)(3334-6/97)
Use Classification Off-Street Parking Spaces
Schools,Public or Private-cont.
Trade schools,music conservatories I 1 per 35 sq. ft. of instruction area
Utilities, Major As specified by conditional use permit
jmp/planning/chap 231legis/2/8/01 6
Commercial
Ambulance Services 1 per 500 sq. ft.; plus 2 storage spaces
Animal Sales and Services
Animal boarding 1 per 200 sq. ft.
Animal grooming 1 per 200 sq. ft.
Animal hospitals l per 200 sq. ft.
Animal, retail sales 11. per 200 sq. ft.
Artists' Studios 1 per 1,000 sq. ft.
Banks and Savings &Loans 1 per 200 sq. ft.
Drive-Up Service jQueue space for 5 cars per teller
Building Materials and Services 1 per 1,000 sq. ft. of lot area;minimum 10 plus
1/300 sq. ft. office area
Catering Services 1 per 400 sq. ft.
Commercial Recreation and
Entertainment
Bowling Alleys 3 per lane,plus 1 per 250 sq. ft. of public
assembly and retail areas
Electronic Game Centers 1 per 200 sq. ft.
Health. Clubs 1 per 200 sq. ft.
Stables [I. per 3 corrals plus 1 horse trailer spacefor each
0 corrals plus 2 for caretaker's unit
Tennis/Racquetball 3 per court
Theaters Filfpt
er 3 fixed seats, or 1 per 35 sq. ft. seating area
here are no fixed seats
Other Commercial Recreation and As specified by the Zoning Administrator or
Entertainment Planning Commission
Communications Facilities 1 per 500 sq. ft.
jmp/planning/chap 23 1 legis/2/8/01 7
Eating and Drinking Establishments
with less than 12 seats 1 per 200 sq. ft.
with more than 12 seats 1 per 60 sq. ft. or 1 per 100 sq. ft. when on a site
with 3 or more uses
OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A(continued)(3334-6/97)
Use Classification Off-Street Parking Spaces
Eating and Drinking Establishments-
cont
with dancing Plus 1 per 50 sq. ft. of dancing area
with drive through service Plus queue space for 5 cars per service window
Food and Beverage Sales 1 per 200 sq. ft.
Furniture and Appliance Stores 1 per 500 sq. ft. excluding areas used for storage
or loading,but not less than 5
Funeral and Interment Services 1 per 35 sq. ft. of seating space
FHaidware
I _Stores 1 per 200 sq. ft. excluding areas used for storage
or loading,but not less than 5
I _
Horticulture, Limited 1 per 2 acres
Laboratories 1 per 500 sq. ft.
Maintenance and Repair Services 1 per 500 sq. ft.
Marine Sales and Services 1 per 500 sq. ft.
1 per 1,000 sq. ft. of indoor/outdoor sales and/or
Nurseries display lot area accessible for public viewing, but
no less than 1.0; plus 1 per 300 sq. ft. office area
jmp/planning/chap 231legis?2/8/01 8
Offices, Business and Professional I per 250 sq. ft. for less than 250,000 sq. ft.; 1
per 300 sq. ft. for 250,000 sq. ft. or more
Offices, Medical and Dental 1 per 175 sq. ft. (includes out-patient
medical/surgery centers)
Pawn. Shops 1 per 200 sq. ft.
Personal Enrichment Services 1 per 35 sq. ft. of instruction area
Personal Services 1 per 200 sq. ft.
Research and Development Services 11 per 500 sq. ft.
Retail Sales Not Listed Under Another
Use Classification 1 per 200 sq. ft.
Sex Oriented Business with less than 12 seats, 1 per 200 sq. ft.; with 12
seats or more, 1 per 60 sq. ft. or 1 per 100 sq. ft.
Cabaret if on a site with three or more uses (3378-2/98)
OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A(continued)(3334-6/97)
Use Classification Off-Street Parking Spaces
Sex Oriented Business (coat.)
Encounter center I 1 per 35 sq. ft. of instruction area (3378-2/98)
Escort bureau [—, per 250 sq. ft. (3378-2/98)
1.1 per guest room;plus 1 per passenger
Hotel/Motel transport vehicle (minimum of 2 stalls) and 2
spaces for any manager's unit and parking for
other uses as required by this schedule (3378-2/98)
Mini-motion picture theater,motion Ff
per 3 fixed seats, or 1 per 35 sq. ft. seating area
picture theater or motion picture arcade there are no fixed seats (3378-2/98)
Retail sales [l per 200 sq. ft.— ^� (337s-2/s$)
F
ap Meets, Indoor/Flea Markets 1/100 sq. ft. except as may be modified by the
Planning Commission throu>7h the conditional
jmp/planning/chap 23'1legis/2/8/01 9
use permit process, after submittal,review and
approval of a traffic engineering study
Vehicle/Equipment Sales and Services
1 per 1,000 sq. ft. of indoor/outdoor sales and/or
Automobile Rentals display lot area accessible far public viewing,
but no less than 10; plus 1/300 sq. ft. office area;
1/200 sq. ft. auto service area
Automobile Washing (Car Wash)
Full-service (attended) 110
With fuel sales 112
Self-service (unattended) 1.5 per wash stall
Service Stations
full-serve/repair garage 1 per 500 sq. ft. but no less than 5
self-serve 2
with convenience markets —�1 per 200 sq. ft. of retail space but no less than 8
with self-serve car wash 14
with self-serve car wash and 10
convenience market
Vehicle/Equipment Repair 1 per 200 sq. ft. but no less than 5
1 per 1,000 sq. ft. of indoor/outdoor sales and/or
Vehicle/Equipment Sales and Rentals display lot area accessible for public viewing,
but no less than 10;plus 1 per 300 sq. ft. office
area; 1 per 200 sq. ft. auto service area
Vehicle Storage 1 per 5,000 sq. ft. lot area; no less than 5
Visitor Accommodations:
Bed and Breakfast �'— 1 per guest room plus 1 guest and 1
manager/owner space
OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A(continued)(3334-6/97)—
Use Classification Off-Street Parking Spaces
Visitor Accommodations (coat.)
Hotels, Motels 1.1 Der auest room;plus 1 Der nassenaer
jmp/planning/chap 231legis/2./8/01 10
transport vehicle (minimum of 2 stalls) and 2
spaces for any manager's unit and parking for
other uses as required by this schedule
step;publie bus step; 1.0 per-unit if pr-ejeet is no
plus 1.0 del
eaeb resident staff 0.5 per all
remaining personnel
Single Room Occupancy, Residential
Hotels 1.0 per unit, 10% shall be designated as
visitor parking; 1 per.passenger transport
vehicle(minimum of 1 stall)one loading
space, and 2 spaces for any manager's unit,
plus 0.5 per all remaining personnel
Warehouse and Sales Outlets 1 per 200 sq. ft.
Industrial
Speculative buildings `1 per 500 sq. ft. (maximum 10%office area)
F
anufacturing, research assembly, FIP
er 500 sq. ft.
ckaging
Wholesaling, warehousing and
distributing space [Iper 1,000 sq. ft.
Offices 101
per 250 sq. ft. if office area exceeds 10 percent
f gross floor area
Outside uses: Storage, wrecking/ [than
per 5,000 square feet of lot area, but no lesssalvage and lumber yards 5
Mini-storage facilities
Single-story 1 per 5,000 square feet
Each additional story 1 per 2,000 square feet plus 2 spaces for any
caretaker's unit
231.06 Joint Use Parking(3334-6/97)
jmp/planning/chap 231 legis/3/g/01 11
In the event that two (2) or more uses occupy the same building, lot or parcel of land, the
total requirement for off-street parking shall be the sum of each individual use computed
separately except as provided in this section. (3334-6197)
The Planning Commission or Zoning Administrator may grant a reduction in the total
number Of required spaces as part of the entitlement for the use or uses, Or by conditional
use permit when no other entitlement is required, when the applicant can demonstrate that
the various uses have divergent needs in terms of daytime versus nighttime hours or
weekday versus weekend hours. Such joint use approvals shall be subject to the
following: (3334-6/97)
1. The maximum distance between the building or use and the nearest point of the
parking spaces or parking facility shall be 250 feet; and (3334-6/97)
2. There shall be no conflict in the operating hours based on parking space requirements
for the different uses on the parcel; and (3334-6/97)
3. Evidence of an agreement for such joint use shall be provided by proper legal
instrument, approved as to form by the City Attorney. The instrument shall be recorded in
the Office of the County Recorder and shall be filed with the City prior to issuance of
building permit and/or certificate of occupancy, whichever occurs first. (3334-6/97)
231.08 Reduced Parking for Certain Uses (3334-6!97)
A. The Planning Commission may approve a conditional use permit reducing the number
of spaces to less than the number specified in the schedule in Section 231.04, provided
that the following findings are made: (3334-6/97)
1. The parking demand will be less than the requirement in Schedule A; and (3334-6/97)
2. The probable long-term occupancy of the building or stricture, based on its design,
will not generate additional parking demand: and (3334-6/97)
3. A Transportation Demand Management plan which exceeds the minimum required by
Section 230.36 has been approved by the:Director. (3334-6/97)
B. In reaching a decision, the Planning Commission shall consider survey data prepared
by a state-registered traffic engineer that is submitted by an applicant or collected at the
applicant's request and expense. (3334-6i97)
231.10 Parking In-Lieu Payments Within Downtown Specific Plan Area (3334-6/97)
Parking requirements for private property uses within the Downtown Specific Plan Area
may be met by payment of an "in-lieu" fee for providing parking in a parking facility
subject to conditional use permit approval by the Planning Commission. Said fee maybe
paid in multiple installments. The first installment in an amount established by City
jmr'planninv:chap 2311e_is 2!8 01 12
Council Resolution for each parking space shall be paid prior to the issuance of building
permits or of a certificate of occupancy, whichever comes first. Any successive
installments shall be paid and secured by a mechanism established in the conditions of
approval. (3334-6/97)
231.12 Parking Spaces for the Handicapped (3334-6/97)
New and existing parking facilities shall comply with the State Handicapped Regulations
as mandated in State law. (3334-6/97)
231.14 Parking Space Dimensions (3334-6/97)
Required parking spaces shall have the following minimum dimensions in feet. Striping
requirements are depicted in Diagram A. Directional signs and/or pavement markings
shall be provided in any facility in which one-way traffic is established. (3334-6/97)
Angle of Stall Stall Depth
Aisle Width' 1-way 2-way
Parking Width
Oarallel)
19 (with 8 ft. Stripedmaneuvering area between 12 20
( every 2 spaces)
30° 19 F 19
45° F9 ----- 19 15 20
60° f 9 1 19 20 � 20
90° F9 1 19 26 F 26
Residential [9-1 19 25 F 25
IComuact [8-1 17 subject to Section 231.20
lMinimum 24 feet when determined by Fire Department to be a fire lane.
jmpiplanningichap 231legis%2/8101 1.3
30° ,45 o& 60°Parking
f
! o �
, t: }p Or
901 Parking 24 In. Exterior
i Dimension I
I
I
19 Ft. j 1$ In. Interior
Dimension
I
I
Parallel Parking
N",
X-C\ �Y
do $ ft. 19 ft. 19 ft. $ {�
Si 5JI'J9JKiS'!!il'd7�IKK.kN11
jmpiplanning.-Chap 23(legis:?`S{)1 14
STRIPING REQUIREMENTS
DIAGRAM A
231.16 Application of Dimensional Requirements (3334-6/97)
A. Relation to Walls and Posts/Columns. A parking space on a site with more than five
(5) parking spaces and which is adjacent to a wall over twelve (12) inches in height shall
be increased in width by three (3) feet. Post;'columns may,be pennitted along the side of
each space only within three (3) feet of the head and foot of each stall. (3334-6/97)
B. Vertical Clearance. Vertical clearance for parking spaces shall be 7 feet, except that an
entrance maybe 6.67 feet. When handicapped parking is provided, vertical clearance
shall comply with California Code of Regulations (Title 24, Part 2, Chapter 2-71). (3334-
6/97)
For residential uses, non-structural improvements including wall-mounted shelves,
storage surface racks, or cabinets may encroach into the vertical clearance, provided a
minimum 4.5 feet vertical clearance is maintained above the finished floor of the garage
within the front 5 feet of a parking space. (3334-6/97)
C. Wheel Stops. All spaces shall have-,,,,-heel stops 2.5 feet from a fence, wall, building or
walkway. (3334-6/97)
D. Parking Space Dimension Reduction. When a parking space abuts a landscape planter,
the front 2 feet of the required 19 foot length for a parking space may overhang the
planter as provided in Chapter 232. (3334-6/97)
231.18 Design Standards (3334-6/97)
A. Public Works Requirements. Drive entrances on arterial highways shall be located in a
manner to coordinate with future median openings and in accord with Department of
Public Works standards. The paved surface of driveways and drive entrances shall
comply with Department of Public Works specifications. Parking facilities shall be
prepared, graded, and paved to ensure that all surface waters will drain into a public
street, alley, storm drain, or other drainage system approved by the Department of Public
Works. Aisle ways without adjacent parking shall be a minimum 24 feet in width. (3334-
6/97)
B. Circulation Design. All off-street parking spaces shall have access to a public street or
alley, and shall have internal circulation, safe entrances and exits, drives, and aisles in
conformance with City standards. Every required parking space shall have unobstructed
access from an aisle without moving another vehicle. All parking spaces, except
jn,pplannin�chap'3(ie >?8;01 15
v
residential garages and carports for single-family dwellings and duplexes. shall have
forward travel to and from parking facilities when access is to a dedicated street. Traffic
circulation shall be designed so that no vehicle need enter a public street in order to
progress from one aisle to any other aisle within the same development. (3334-6/97)
Commercial centers which have 200 parking spaces or more shall have at least one main
entrance designed as depicted in Diagram B. (3334-6197)
I 1 •
I 1 1 DO,
Nt I 1
FE
24ft.
► 4%
1'MM4:'' II111•J
COMMERCIAL CENTER:MAIN ENTRANCE
FOR PARKING LOTS WITH OVER 200 SPACES
DIAGRAM B
A minimum 3-foot-by-3-foot-wide maneuvering area shall be provided at the end of
dead-end parking aisles less than 150 feet in length. A vehicle turnaround space shall be
provided at the end of all dead-end parking aisles which exceed 150 feet in length
(measured from the closest intersecting aisle with complete circulation). The
maneuvering area and turnaround space shall be designed as depicted in Diagram C.
Other turnaround arrangements providing the same maneuverability are subject to
approval by the Director.
�'r Il—.... I hlauti�uti cnn ,
,lirfr I otC.9
I
.:.
T
pipiplaruiinQ:chap 231legis 2l81'01 16
TURN-AROUND SPACE AND MANEUVERING AREA
DIAGRAM[ C
C. Illumination. All parking area lighting shall be energy-efficient and designed so as not
to produce glare on adjacent residential properties. Security lighting shall be provided in
areas accessible to the public during nighttime hours, and such lig==Ming shall be on a
time-clock or photo-sensor system. (3334-6/97)
D. Residential parking. (3334-6/97)
1. Garages and Carports. All required garages and carports, permitted as accessory
structures, shall be constructed at the same time as the main building and shall be used
only by persons residing on the premises for storage of personal vehicles and other
personal property. (3334-6/97)
2. Assignment of Spaces. Each studio and one bedroom dwelling unit shall have a
minimum of one assigned parking space and each two or more bedroom units shall have
a minimum of two assigned parking spaces. Each dwelling unit shall have an enclosed,
assigned space which shall be within 200 feet walking distance of that unit and
designated as such. The assigned spaces shall be provided with the rental of a dwelling
unit without any additional cost. All unassigned spaces provided on site shall be open and
only used for the parking of vehicles by persons residing on the property or their guests.
(3334-6/97)
3. Turning Radius. The minimum turning radius for anv garage, carport or open parking
space, entered directly from an alley or driveway, shall be 25 feet. (See Diagram D) (3334-
6/97)
jmp`plannimg%chap'31le is:7.`8;)1 17
STREET
GA AGE
- - - - -- - - - - - - -- ALLEY- -
25' ,
DRIV WAY
STREET
STREET
i:1DI V90 RA1M123.1-T1 R H.2 M P
TURNING RADIUS
DIAGRAM D
4. Driveway Width. (3334-6/97)
Length of Drive Minimum Driveway Width
150 feet or less 10 ft. for single family dwellings
20 ft. for multi-family dwellings
Greater than 150 feet 20 feet clear width
Exception: when designated as fire lane, all Fire
Department requirements shall apply.
5. Guest Parking. All guest parking shall be fully accessible. (3334-6/97)
6. Coastal Zone. Each dwelling unit located in the Coastal Zone shall have a minimum of
2 on-site parking spaces. If the total coastal parking requirements exceed the total
minimum parking as required by this chapter, the additional required parking spaces may
jmp-'plannintichap 2111"is'2'8"0I is
be in tandem with enclosed spaces, provided the tandern space is assigned to an enclosed
space and complies with the required turning radius. (3334-6/97)
7. Planned Residential Developments. In a planned residential development where a
garage is constructed a minimum of 20 feet from the curb, the driveway in front of the
garage maybe used to provide one of the required uncovered spaces. (3334-6/97)
S. Driveway Air Space. The air space above all driveways which exceed 150 feet in
length shall remain open to the sky, except that eaves or roof overhangs with a maximum
4-foot projection may be permitted above a height of 14 feet. (3334-6/97)
9. Storage Space. 100 cubic feet of enclosed storage space for each unit shall be provided
in a secured parking area where there is no private garage. (3334-6/97)
10. Accessory Dwelling. One additional off-street parking space shall be required for an
accessory dwelling, except that in the coastal zone there shall be a minimum of four(4)
parking spaces on-site.( 34-6.97)
E. Non-residential Parking and Loading. (3334-6/97)
1. Designated Parking. Parking spaces within an integrated, non-residential complex shall
not be designated for exclusive use of any individual tenant except as authorized by a
parking management plan approved by the Director. (3334-6/97)
2. Parking Controls. Parking controls, such as valet service, gates or booths, and/or
collection of fees may be permitted when authorized by conditional use permit approval
by the Planning Commission. (3334-6197)
3. Minimum Driveway Width. 25 feet when providing access to the rear of a structure.
(3334-6/97)
4. Reciprocal Access. Reciprocal ingress/egress access with adjacent properties shall be
provided for all commercial properties. (3334-6/97)
5. Loading Location. On a site adjoining an alley, a required loading space shall be
accessible from the alley unless alternative access is approved by the Director. An
occupied loading space shall not prevent access to a required parking space. Truck or rail
loading, dock facilities, and doors for such facilities shall not face or be located within 45
feet of property zoned or general planned residential. (3334-6/97)
6. Loading Design. Any loading facility shall be designed and located so that vehicles
need not extend onto the public sidewalks, streets or alleys during loading activities. (3334-
6/97)
7. Landscape Buffer. Where the side or rear yard of a parcel is used for loading activities
and abuts an R District, a landscaped buffer along the property line shall be provided.
(3334-6i97)
mp planning•chap 2 ti i l gis:'Z 8 01 19
F. Seasonal and Temporary Parking Lots. Seasonal and temporary parking lots may be
allowed upon approval of a conditional use permit by the Zoning Administrator. Seasonal
lots may operate only from ;Memorial Day through the third weekend in September and
shall be located within 1,000 yards of the mean high tide line of the Pacific Ocean.
Temporary and seasonal commercial parking lots may be permitted for a maximum Of
five years. The design and layout of seasonal and temporary parking lots shall comply
with this chapter, Fire Department requirements, and the following standards: (3334-6/97)
1. Paving shall be 2 inches of asphalt over compacted native soil, or as approved by the
Department; except seasonal parking lots shall be surfaced to meet minimum
specifications for support of vehicles and to provide dust control as required by the
Zoning Administrator. (3334-6/97)
2. Boundaries of such lots shall be marked off and secured by chain or cable, with posts a
minimum of 3 feet in height, solidly built. At a minimum, posts shall consist of 4" x 4"
wood or equivalent metal posts a minimum of 1-1/2 inches in diameter securely set in the
ground and placed 8 feet on center. The posts shall be connected with at least 1 strand of
1 i2-inch cable or chain securely fastened to each post. An opening shall be provided to
accommodate vehicle access during business hours. Seasonal lots shall be secured to
prevent overnight parking between the closing hour on one business day and the opening
hour the following business day. (3334-6%97)
3. Temporary parking lots shall have landscaped planters with an inside dimension of 3
feet alon(y street-side property lines excluding driveways. Landscaping shall be protected
from vehicle and pedestrian damage by wheel bumpers (asphalt, concrete, or wood), or
asphalt or concrete curbs, or any other design that will provide adequate protection. (3334-
4. Seasonal parking lots are exempt from landscaping requirements of Chapter 232. (3334-
6i97)
5. Directional and informational signs shall be displayed on-site to identify the
entrance(s), fees, and hours of operation. Such signs shall be located at the entrance of the
parking lot and shall not exceed 12 square feet and shall be 6 feet high. Signs for seasonal
parking lots shall be removed from the site each season no later than the third weekend in
September. (3334-6/97)
6. Automatic entry devices or fee collection points shall be set back a minimum of 20 feet
from the public right-of-way, or at a distance recommended by the Department of Public
Works and approved by the Director. (3334-6/97)
7. An attendant shall be on duty at all times during business hours of seasonal parking
lots. (3334-6/97)
8. An approved fire extinguisher shall be provided on the premises during business hours.
(3334-6197)
,imp`plan11mirchap 2 311egis:2•8:01 20
9. The site shall be maintained in a clean condition, free from trash and debris. Trash
containers shall be placed on the site to accommodate and store all trash that accumulates
on the lot. (3334-6i97)
For seasonal parking lots, a certificate of insurance for combined single limit bodily
injury andior property damage including products liability in the amount of S1,000,000
per occurrence shall be filed with the Department of Administrative Services. A hold
harmless agreement holding the City harmless shall also be filed with the Department of
Administrative Services. (3334-6/97)
Subsequent to approval of an application for any seasonal or temporary parking lot, the
applicant shall meet all standards and requirements and install all improvements. The
parking lot shall then be inspected and approved by the Director prior to issuance of a
Certificate to Operate. (3334-6/97)
G. Parking Structures. Parkin; structures above or below- grade shall be subject to
conditional use permit approval by the Planning Commission when no other entitlement
is required. In addition,parking structures proposed within the coastal zone shall be
subject to approval of a coastal development permit. All parking structures shall comply
with the following requirements:(3334-6:97)
1. Transition ramps which are also used as back-up space for parking stalls shall have a
maximum slope of 5 percent. The maximum slope for transition ramps with no adjacent
parking spaces shall be 10 percent. A ramp used for ingress and egress to a public street
shall have a transition section at least 16 feet long and a maximum slope of 5 percent.
(3334-6/97)
2. Parking structures with over 300 spaces shall provide secondary circulation ramps and
additional ingress and egress if deemed necessary by a traffic study prepared by a state-
registered traffic engineer. (3334-6/97)
3. Parking structures shall be provided with a minimum 10-foot-wide perimeter landscape
planter at ground level. Parked cars shall be screened on each level through landscape
planters or trellises and/or decorative screening wall or railings. The Design Review
Board shall approve the landscaping plan. (3334-6197)
4. All parking structures shall be architecturally compatible with existing or proposed
structures and shall be subject to review and approval by the Design Review Board prior
to hearing. The Design Review Board shall consider the following factors in reviewing a
proposal: bulk, scale, proportion, building materials, colors, signage, architectural
features, and landscaping. (3334-6/97)
5. All parking structures proposed for conversion to a fee parking arrangement shall be
subject to conditional use permit approval by the Planning Commission. Public parking
structures within the coastal zone proposed for conversion to a fee parking arrangement
shall be subject to approval of a coastal development permit.(3334-6 9-7,
lip planning•"chap 2311c2i 2:'8 01 21
231.20 Compact Parking (3334-6/97)
The Planning Commission, City Council, or Zoning Administrator, whichever is the
review body,may allow use of compact parking to satisfy a portion of the required
parking upon finding that compact parking will result in a more effective and efficient
circulation pattern and parking layout and enhance the general appearance of the
development and its surroundings. Compact spaces shall be distributed throughout the
parking area and have the same aisle width as full-size spaces. Compact spaces shall be
marked "COMPACT" on the foot of the stall. The number permitted shall be subject to
the following standards: (3334-6/97)
A. Non-residential developments with a minimum of 20 spaces shall be permitted to have
20 percent of the total spaces as compact parking. (3334-6/s7)
B. Residential developments with a minimum of 50 units may have 20 percent of the
non-guest parking spaces as compact provided that an equitable system of assignment
and distribution has been established. (3334-6/97)
231.22 Driveways; Visibility (3334-6/97)
Visibility of a driveway crossing a street or alley property line or of intersecting
driveways shall be consistent with the requirements of Section 230.88. (3334-6/97)
231.24 Landscape Improvements (3334-6/97)
Landscape, planting and irrigation plans shall be prepared consistent with the
requirements of Chapter 232. (3334-6/97)
231.26 Parking Area Plan Required (3334-6197)
Prior to the constriction, reconstruction, or restriping of an off-street parking area, a
parking area plan shall be submitted to the Director for the purpose of indicating
compliance with the provisions of this section. This plan shall include: (3334-6/97)
A. Location and description of fencing and architectural screen walls. (3334-6i97)
B. Location and placement of parking stalls, including bumpers, striping and circulation,
all dimensioned to permit comparison with approved parking standards. (3334-6/97)
C. Location and placement of lights provided to illuminate the parking area. (3334-6/97)
D. A drainage plan showing drainage to a public way in accordance with accepted
standards or practices. (3334-6/97)
E. A landscape, planting and irrigation plan prepared consistent with the requirements of
Chapter 232. (3334-6/97)
jmp`planninvL chap'_31le?i :'Z:&01 22
Single-family dwellings on pre-existing lots are exempt from this requirement. (3334-6 97)
231.28 Oceanside or On-Street Parking within the Coastal Zone (3334-6/97)
If any existing oceanside or on-street parking within the coastal zone is removed, it shall
be replaced on a one for one basis in an area that would not result in the loss of any sandy
beach area and within walking distance of the existing site. Replacement parking shall be
assured prior to the issuance of the coastal development pen-nit and shall be provided
before any existing parking is removed so that there will be no reduction in the number of
parking spaces available.(3334-6:9 )
Huntington Beach Zoning and Subdivision Ordinance
Chapter 231 231-20 5/97
.imp planning chap 2'1 iegis;Z K 01 2J
ATTACHMENT 3
SUGGESTED FINDINGS OF APPROVAL
SUGGESTED FINDINGS FOR APPROVAL—ZONING TEXT AMENDMENT NO. 01-
01:
1. Zoning Text Amendment No. 01-01 amending Chapter 230.46 and Chapter 231.04 of the
Huntington Beach Zoning and Subdivision Ordinance addressing Single Room
Occupancy (SRO) development standards for commercial and industrial zones is
consistent with the objectives, policies, general land uses and programs specified in the
General Plan and any applicable specific plans. The revised ordinance will improve the
development standards of SRO's in the City of Huntington Beach.
2. The amended ordinance is compatible with the uses authorized in, and the standards
prescribed for, the zoning district for which it is proposed. The revised ordinance applies
to residential development in commercial and industrial zones as categorized the by
zoning code. It amends the existing standard for SRO's to achieve development that is
more compatible with development in the City.
3. The amendment to the ordinance will better accommodate the development of housing
types, such as multifamily development and Single Room Occupancies (SRO), meeting
special needs groups; senior citizens, physically and mentally challenged, and very low
and low income categories in areas in accordance with the Housing Element of the
General Plan.
4. The adoption of the ordinance will be in conformity with public convenience, general
welfare and good zoning practice. The revised ordinance will result in the City's ability
to provide a variety of housing opportunities for various income groups.
1
(01 srl 1) Attachment 1.1
� ATTACHMENT 4 1
City of Huntington Beach Planning Department
ca I STAFF REPORT
HUNTINGTON BEACH
TO: Planning Commission
FROM: Howard Zelefsky, Director of Plannin
BY: Rosemary Medel, Associate Planner
DATE: February 13, 2001
SUBJECT: ZONING TEXT AMENDMENT NO. 01-01 (Single Room Occupancy)
APPLICANT: City of Huntington Beach
LOCATION: Citywide in Commercial General, Commercial Visitor and Industrial Zones
STATEMENT OF ISSUE:
♦; -Zoning Text Amendment No. 01-01 request:
- Amend the Huntington$each Zoning and Subdivision Ordinance by modifying
development and parking standards for Single Room Occupancy (SRO) development.
♦ Planning Commission Study Session was held on January 23, 2001. Recommendation:
- Amend ordinance to reflect minimum unit size of 250 square feet and a maximum unit
size of 300 square feet.
- Amend ordinance to incorporate language addressing income rate.
- Amend ordinance to require visitor parking.
♦ Staff s Suggested Modifications:
- Increase minimum room size to 200 square feet to allow for greater flexibility in design
and affordability.
♦ Staff's Recommendation: Approve Zoning Text Amendment No. 01-01 based on the
following:
- Proposed ordinance revision continues to provide for transitional housing options for
restricted income citizens while ensuring development more compatible with other
projects and standards within the City.
RECOMMENDATION:
Motion to: "Approve Zoning Text Amendment No. 01-01 with findings (Attachment No.1) and
forward to the City Council for adoption."
Bowl,
ALTERNATIVE ACTIONS:
The Planning Commission may take alternative actions such as:
A. "Deny Zoning Text Amendment No. 01-01 with findings and forward to City Council."
B. "Continue Zoning Text Amendment No. 01-01 and direct staff accordingly."
PROJECT PROPOSAL:
Zoning Text Amendment(SRO)No. 01-01 is an amendment by the City of Huntington Beach to
the Single Room Occupancy ordinance. City Council directed staff to amend the ordinance to
reflect suggestions received during the public hearings for a specific SRO project. The primary
areas of concern were room size, occupancy levels and parking. In preparing the proposed
amendment, staff research also indicated a need to modify other components of the ordinance
pertaining to bicycle storage, security measures and ensuring compliance with affordable housing
requirements.
Background:
A review of the Single Room Occupancy ordinance began as a directive from City Council last
year. The research of SRO ordinances from cities in the Southern California region was
completed in August but tabled due to pending litigation.
A legislative draft of the ordinance was discussed at the January 23, 2001 Planning Commission
Study Session. The draft ordinance was based on research and City Council direction to limit
occupancy to one person-pir'soom, increase minimum room size and reduce maximum unit size
to 275 square feet and increase parking to one space per unit. The attached matrix illustrates the
development standards of various cities (Attachment No. 5).
ISSUES:
General Plan Conformance:
The proposed project is consistent with the goals and objectives of the City's General Plan as
follows:
A. Land Use Element
Goal L U 9: Achieve the development of a range of housing units that provides for the
diverse economic,physical, and social needs of the existing and future residents of
Huntington Beach.
Policy LU 9.5.1: Accommodate the development of housing types, such as multifamily
development and Single Room Occupancy (SRO), intended to meet the special needs of
senior citizens, the physically and mentally challenged, and very low, low, and moderate
income households in areas designed for residential and mixed-use on the Land Use Plan
Map, in accordance with the Housing Element.
Staff Report—2/13/01 -2- (01 sr11)
i
Policy L U 15.5.1: Require that development located in areas designated as "Special Design
Overlay(-d)" adhere to the specific design standards stipulated by design and development
policies for specific community sub-areas prescribed in the ensuing section of this element,
as appropriate.
The zoning text amendment will provide precise standards for the development of Single
Room Occupancy projects.
B. Housing Element
Objective HE 3.1: Facilitate the development of housing for low and moderate
income households which is compatible with and complements adjacent uses and is located
in close proximity to public and commercial services.
Policy HE 3.1.1: Encourage the provision and continued availability of a range of housing
types throughout the community, with variety in the number of rooms and level of amenities.
The development of Single Room Occupancy units will facilitate demands for affordable
housing in the City of Huntington Beach providing an economically diverse housing product.
Zoning Compliance:
The development of Single Room Occupancy projects is permitted in the Commercial General
(CG), Commercial Visitor'{tV) and the Industrial Zones (IL & IG). City Council approved a
project in the Commercial General Zone this past year.
Urban Design Guidelines Conformance: Not applicable
Environmental Status:
The proposed project is categorically exempt pursuant to Class 20, City Council Resolution No.
4501,which supplements the California Environmental Quality Act.
Coastal Status:
This project would be considered a minor amendment to the City's Local Coastal Program and
will be forwarded to the California Coastal Commission with other minor amendments.
Public Notification:
Legal notice was published in the Huntington Beach/Fountain Valley Independent on February 1,
2001. Notices were mailed out to individuals/organizations requesting notification(Planning
Department's Notification Matrix) and interested parties. As of February 7,2000, no
communication supporting or opposing the request has been received.
Staff Report—2/13/01 -3- (01 sr11)
Application Processing Dates:
No mandatory processing time required.
ANALYSIS:
City Council's directive at the beginning of this ordinance revision was to address three major
issues, occupancy,room size and parking. This analysis provides the details for the drafting of
the proposed ordinance revision.
Occupancy
The City's adopted ordinance permits single and double occupancy. Council requested that the
revised ordinance reflect a reduction in room occupancy to single occupancy only. The majority
of cities reviewed permit double occupancy with the exception of the City of Irvine. However,
Irvine permits overnight guests and charges a nominal fee. The proposed ordinance reflects
single occupancy for all but the Manager's unit. Staff believes that the operation plan should
address the issue of overnight guests since exercising that option is temporary and monitored by
management. Item 3 of the legislative draft ordinance provides that option(Attachment No. 3).
The proposed amendment also reflects a modification to the stay limit to restrict occupancy to
minimum stays of one month rather than the previous weekly limit. This was of issue during the
public hearing process of the approved SRO project. Therefore, staff recommends amending the
ordinance to reflect this concern.
Room Size
Room square footages within the Huntington Beach SRO ordinance range from a minimum room
size of 170 square feet for single occupancy to a maximum of 400 square feet for double
occupancy. Research of SRO projects and ordinances indicates that room sizes vary from 149
square feet for single occupancy to 450 square feet for double occupancy. Council's directive
was to increase the minimum room size and consider restricting the maximum room size to 275
square feet for single occupancy only.
The Planning Commission upon review and discussion of the ordinance suggested that the
minimum unit size be increased from 170 square feet per unit to 250 square feet with a maximum
of 300 square feet. Staff recommends a slightly lower minimum of 200 square feet and a
maximum of 300 square feet to allow for more variation in product design. More importantly, it
assists in making the development of affordable units feasible. Also, of issue was a concern
related to the income criteria. The Commission requested that staff specify within the ordinance
that the standard would be based on the County of Orange income levels. Presently, the Income
Standard for Orange County is as follows:
Household County Very Low Low Moderate
Size Median 0%-50%of Median 51%-80% 81%-120%of Median
1 $48,700 $24,350 $35,150 $58,450
Staff Report—2/13/01 -4- (01 sr11)
:I
The City's SRO ordinance requires that occupancy be restricted to income levels of very low and
low. Based on this income criteria, staff supports the proposed room size range as proposed
because it has the best potential to encourage the development of more affordable units.
The proposed ordinance requires that rental rates be calculated using a maximum of 30 percent of
income toward housing expenses based on the County of Orange income figures. This method is
consistent with affordable housing calculations for all types of very low and low income units.
Parking
Parking is often a primary issue of concern in the development of SROs. The City's adopted
ordinance permits a parking ratio of 0.5 spaces per unit if a project is within 2000 feet of a public
bus stop or 1.0 space per unit if a project is not within 2000 feet of a public bus stop. The
ordinance additionally requires 1.0 parking space for each resident staff member and 0.5 parking
spaces per all remaining personnel. Parking standards for the comparison cities average 0.5
spaces per unit,the most restrictive being that of the City of Irvine at a ratio of 1.04 regardless of
location from bus stops. Public hearing comments on the SRO project in Huntington Beach
indicated that a 0.5 parking ratio would be inadequate and therefore,the Council directed staff to
increase the parking standard. The proposed ordinance increases the parking standard to 1.0
space per unit regardless of location from bus stops and adds new required visitor parking,
passenger transport parking, and loading area parking.
At the January 23`d Study Session,the Planning Commission expressed concern that onsite
visitor parking be provide ..13ased on the Commission's concern and staffs research of the
parking demand of existing facilities, as well as sites visits, it is proposed that a minimum of 10
percent of the required parking be provided as visitor parking (excluding parking for loading
space,passenger transport,manager and remaining personnel). A development requiring onsite
parking for 100 units at a one to one ratio would be required to have a minimum of 10 visitor
parking stalls and 90 non-visitor stalls. The assumption is that not all tenants have vehicles.
SROs are typically constructed near transportation corridors therefore onsite parking can be
shared with visitors. The ordinance would require management to designate stalls as visitor or
guest parking with the remaining onsite stalls to remain unmarked. Should additional visitor
parking spaces be needed visitors would be permitted to park in open stalls. The key to the
success of this proposal is certainly the operation plan and monitoring.
Research indicates that bicycles are often the primary source of transportation for SRO tenants.
Given this, staff recommends increasing the bicycle storage area from a ratio of one stall or rack
per five units from the previous one to 10 ratio.
Staff Report—2/13/01 -5- (01 sr11)
ATTACHMENTS:
1. Suggested Findings for Approval,
2. Draft Ordinance
3. Legislative Draft
4. Single Room Occupancy City Comparisons
SH:HF:MBB:RM:rl
Staff Report—2/13/01 -6- (01 srl 1)
ATTACHMENT 5 1
SINGLE ROOM OCCUPACY (SROs)
CITY COMPARISONS
Annual Parking Parking Min. Room Min. Room
Ordinance/ Permit Review Req.for Req.for Size Single Size Double Stay Income
CITY Policy Process Required Occupant Guest Occupant Occupant Zones Limits Rental Rates
Costa Mesa Policy CUP to Not Stated .5 per unit; None 175 sq.ft.; 220 sq.ft.; All Com. Daily/ Very low
PC dbl req. for Average Max.450 Weekly/ and Low
dbl occup. 300 sq. ft. sq. ft. Monthly
See notes
Cypress Ordinance CUP to Not Stated .25 per unit None 175 sq. ft.; 225 sq. ft.; CG Not Stated Very Low
CC plus 1 per Max. 220 Max.450 and Low
staff sq. ft. sq. ft.
Fullerton Ordinance CUP to Yes .5 per unit None None; Max. 150 sq. ft. Not Stated Monthly Varies
CC 149 sq. ft. only
HUNTINTON Ordinance CUP to Conditioned .5 per-unit die 17Q sq. ft Max. 490 CG, CV, IL Weekly Very low
BEACH PC per project 1.0 per unit Min. 10% 250 sq. ft. No double & IG Monthly and Low
(Bold is visitor Min., 300 occupancy
proposed ord.) sq. ft. Max
Irvine No CUP to Yes 1.04 per Yes 250 sq. ft. Not CG Monthly Varies
(Extended stay PC room permitted only
Hotel/Motel)
San Diego Ordinance CUP to Periodic Varies None 350 sq. ft. Varies CG Weekly Varies
CC reviews .2 to 1.0 to Monthly
Notes:Most require a live-in manager. Laundry facilities required per floor. Developments over 30 require an increase in open space.
Huntington Beach: Sanitary facilities and cooking facilities provided with each unit. Storage lockers no less than(10)cubic feet per unit.
Fullerton: Interior common area @ 10 sq. ft per unit with 200 sq.ft. min. required. Storage utility closet must be provided on each floor for personnel. Partial Kitchens
required. Partial Common bath and shower facilities shall be provided on each floor. Chair/Desk required in each room.
Costa Mesa: 0.8 parking spaces/unit if larger than min. room size; 1 space/unit if room size is at max. limit. Common area of 400 sq. ft. minimum.No transient tax
imposed.
Cypress: Storage area of a min. of 48 cubic feet for each unit. Mailboxes required for each unit. Project must have single controlled entrance visible to manager.
Brea has no regulations for the establishment of SRO projects at this time. The cities of Santa Ana and Anaheim have existing policies however no SRO projects are built.
3/20/01 GAMedel\SRO\SROMatrix.doc
ATTACHMENT ,6
Planning Commission Minutes
Page 3
2/13/2001
his business continues to experien parking problems due to inadequate conditions and
signage on the Liquid Den property.
THERE WERE NO OTHERS PRESENT SPEAK AND ORAL COMMUNICATIONS WAS
CLOSED.
B. PUBLIC HEARING ITEMS
B-1 ZONING TEXT AMENDMENT NO. 01-01 (SINGLE ROOM OCCUPANCY
ORDINANCE): Applicant: City of Huntington Beach, 2000 Main Street, Huntington
Beach CA 92648 Request: To review and adopt Amendment No. 01-01, amending
Section 230.46 of the Huntington Beach Zoning and Subdivision Ordinance (ZSO), and
Section 233 of the Single Room Occupancy Ordinance (ZSO). Location: Commercial
General, Commercial Visitor and Industrial Zones. Project Planner: Rosemary Medel
♦ Zoning Text Amendment No. 01-01 request:
- Amend the Huntington Beach Zoning and Subdivision Ordinance by modifying
development and parking standards for Single Room Occupancy (SRO)
development.
♦ Planning Commission Study Session was held on January 23, 2001.
Recommendation:
- Amend ordinance to reflect minimum unit size of 250 square feet and a
maximum unit size of 300 square feet.
- Amend ordinance to incorporate language addressing income rate.
- Amend ordinance to require visitor parking.
♦ Staff's Suggested Modifications:
- Increase minimum room size to 200 square feet to allow for greater flexibility in
design and affordability.
♦ Staff"s Recommendation: Approve Zoning Text Amendment No. 01-01 based on
the following:
Proposed ordinance revision continues to provide for transitional housing
options for restricted income citizens while ensuring development more
compatible with other projects and standards within the City.
Staff made a presentation to the Commission.
THE PUBLIC HEARING WAS OPENED:
NO ONE WAS PRESENT TO SPEAK AND THE PUBLIC HEARING WAS CLOSED.
The Commission inquired if the Single Room Occupancy Ordinance contained provisions for
married couples. Staff replied no and explained that the ordinance could be amended if a
demand for the provision presented itself.
GARobinXMinutes101 pcm0213
Planning Commission Minutes
Page 4
2/13/2001
Certain members of the Commission stated that the total living space per unit should not go
below 250 sq. ft. Staff stated that a small percentage of units (approximately 25%), will be
built at 200 sq. ft., and provided information to the Commission on factors behind low-income
housing square footage, including occupancy rates, developer's fees and design flexibility.
The Commission wanted clarification on the kitchen amenities offered in each unit. Staff
provided information and explained that the number of units would determine how many
community kitchens would exist within the development.
The Commission voiced concerns about the visitor parking ratio. Staff explained that many
tenants use alternate forms of transportation, therefore, ample parking will be available.
The Commission and staff discussed the on-site manager's living quarters, indicating that the
total living space should not be less than 300 sq. ft., and that the manager's office would be
located separately.
A STRAW VOTE MOTION WAS MADE BY LIVENGOOD, SECOND BY KERINS, TO ADOPT
THE ONE SPACE PER ROOM PARKING REQUIREMENT, BY THE FOLLOWING VOTE:
AYES: Hardy, Kerins, Shomaker, Livengood, Kokal, Speaker
NOES: Mandic
ABSENT: None
ABSTAIN: None
MOTION PASSED
A STRAW VOTE MOTION WAS MADE BY SPEAKER, SECOND BY KERINS, TO ADOPT A
MINIMUM ROOM STANDARD OF 250 SQUARE FEET FOR 100 PERCENT OF THE UNITS,
EXCLUDING THE MANAGER'S UNIT, BY THE FOLLOWING VOTE:
AYES: Hardy, Kerins, Speaker
NOES: Shomaker, Mandic, Livengood
ABSENT: None
ABSTAIN: Kokal
MOTION FAILED
A STRAW VOTE MOTION WAS MADE BY SHOMAKER, SECOND BY LIVENGOOD, THAT
NO MORE THAT 25 PERCENT THE TOTAL NUMBER OF UNITS HAVE A MINIMUM ROOM
SIZE OF 200 SQUARE FEET WITH THE REMAINDER OF UNITS AT A MINIMUM OF 250
SQUARE FEET, BY THE FOLLOWING VOTE:
AYES: Hardy, Shomaker, Mandic, Livengood, Kokal
NOES: Kerins, Speaker
ABSENT: None
ABSTAIN: None
MOTION PASSED
G:\Robin\Minutes\01 pcm0213
Planning Commission Minutes
Page 5
2/13/2001
A MOTION WAS MADE KERINS, SECOND BY HARDY, TO APPROVE ZONING TEXT
AMENDMENT NO. 01-01 WITH THE APPROVED STRAW VOTES, THAT THE MANAGER'S
UNIT BE A MINIMUM OF 300 SQUARE FEET AND THE AND/OR WORDING FOR THE
STOVE, OVEN AND/OR MICROWAVE, BY THE FOLLOWING VOTE:
AYES: Hardy, Kerins, Shomaker, Mandic, Livengood, Kokal, Speaker
NOES: None
ABSENT: None
ABSTAIN: None
MOTION PASSED
FINDINGS FOR APPROVAL—ZONING TEXT AMENDMENT NO. 01-01:
1. Zoning Text Amendment No. 01-01 amending Chapter 230.46 and Chapter 233 of the
Huntington Beach Zoning and Subdivision Ordinance addressing Single Room
Occupancy (SRO) development standards for commercial and industrial zones is
consistent with the objectives, policies, general land uses and programs specified in the
General Plan and any applicable specific plans. The revised ordinance will improve the
development standards of SRO's in the City of Huntington Beach.
2. The amended ordinance is compatible with the uses authorized in, and the standards
prescribed for, the zoning district for which it is proposed. The revised ordinance
applies to residential development in commercial and industrial zones as categorized
the by zoning code. It amends the existing standard for SRO's to achieve development
that is more compatible with development in the City.
3. The amendment to the ordinance will better accommodate the development of housing
types, such as multifamily development and Single Room Occupancies (SRO), meeting
special needs groups; senior citizens, physically and mentally challenged, and very low
and low income categories in areas in accordance with the Housing Element of the
General Plan.
The adoption of the ordinance will be in conformity with public convenience, general welfare
and good zoning practice. The revised ordinance will result in the City's ability to provide a
variety of housing opportunities for various income groups.
B-2. CONDITIONAL USE PER IT NO. 98-29/CONDITIONAL DEVELOPMENT PERMIT
NO. 98-35 ONE YEAR REV W TSUNAMI RESTAURANT EXPANSION AND VALET
PARKING): Applicant: Lary rueger, 17236 Pacific Coast Highway, Huntington
Beach CA 92649 Request: O -year review of the Tsunami Restaurant expansion
and valet parking operation. Loca 'on: 17236 Pacific Coast Highway (at Warner
Avenue) Project Planner: Wayne rvalho
• One year review of the reviousl a roved Conditional Use Permit and Coastal
Develorlment Permit for a 900 sci. ft. ibotaurant ex ansion and valet parking plan:
- Review for compliance with adopte onditions of approval.
- Review of Code Enforcement action.
- Review of Police Department calls for se ce.
G ARobinXMinutes101 pcm0213
RCA ROUTING SHEET
INITIATING DEPARTMENT: Planning
SUBJECT: ZONING TEXT AMENDMENT NO. 01-10
COUNCIL MEETING DATE: April 2, 2001
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attomey) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Attached
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Attached
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff 3 22- ( ) )
Assistant City Admin strator (Initial) ( ) ( )
City Administrator (Initial) ( ) ( )
City Clerk
EXPLANATION FOR RETYFMQF ITEM:
i L�
(BelowOnly)
RCA Author: HZ:SH:RM:rl
Planning Commission Minutes
Page 3
2/13/20U1
his business continues to experien parking problems due to inadequate conditions and
signage on the Liquid Den property.
THERE WERE NO OTHERS PRESENT SPEAK AND ORAL COMMUNICATIONS WAS
CLOSED.
B. PUBLIC HEARING ITEMS
B-1 ZONING TEXT AMENDMENT NO. 01-01 (SINGLE ROOM OCCUPANCY
ORDINANCE): Applicant: City of Huntington Beach, 2000 Main Street, Huntington
Beach CA 92648 Request: To review and adopt Amendment No. 01-01, amending
Section 230.46 of the Huntington Beach Zoning and Subdivision Ordinance (ZSO), and
Section 233 of the Single Room Occupancy Ordinance (ZSO). Location: Commercial
General, Commercial Visitor and Industrial Zones. Proiect Planner: Rosemary Medel
♦ Zoning Text Amendment No. 01-01 request:
Amend the Huntington Beach Zoning and Subdivision Ordinance by modifying
development and parking standards for Single Room Occupancy (SRO)
development.
♦ Planning Commission Study Session was held on January 23, 2001.
Recommendation:
- Amend ordinance to reflect minimum unit size of 250 square feet and a
maximum unit size of 300 square feet.
- Amend ordinance to incorporate language addressing income rate.
- Amend ordinance to require visitor parking.
♦ Staffs Suggested Modifications:
- Increase minimum room size to 200 square feet to allow for greater flexibility in
design and affordability.
♦ Staff's Recommendation: Approve Zoning Text Amendment No. 01-01 based on
the following:
- Proposed ordinance revision continues to provide for transitional housing
options for restricted income citizens while ensuring development more
compatible with other projects and standards within the City.
Staff made a presentation to the Commission.
THE PUBLIC HEARING WAS OPENED:
NO ONE WAS PRESENT TO SPEAK AND THE PUBLIC HEARING WAS CLOSED.
The Commission inquired if the Single Room Occupancy Ordinance contained provisions for
married couples. Staff replied no and explained that the ordinance could be amended if a
demand for the provision presented itself.
GARobinlMinutes101 pcm0213
Planning Commission Minutes
Page 4
2/13/2001
Certain members of the Commission stated that the total living space per unit should not go
below 250 sq. ft. Staff stated that a small percentage of units (approximately 25%), will be
built at 200 sq. ft., and provided information to the Commission on factors behind low-income
housing square footage, including occupancy rates, developer's fees and design flexibility.
The Commission wanted clarification on the kitchen amenities offered in each unit. Staff
provided information and explained that the number of units would determine how many
community kitchens would exist within the development.
The Commission voiced concerns about the visitor parking ratio. Staff explained that many
tenants use alternate forms of transportation, therefore, ample parking will be available.
The Commission and staff discussed the on-site manager's living quarters, indicating that the
total living space should not be less than 300 sq. ft., and that the manager's office would be
located separately.
A STRAW VOTE MOTION WAS MADE BY LIVENGOOD, SECOND BY KERINS, TO ADOPT
THE ONE SPACE PER ROOM PARKING REQUIREMENT, BY THE FOLLOWING VOTE:
AYES: Hardy, Kerins, Shomaker, Livengood, Kokal, Speaker
NOES: Mandic
ABSENT: None
ABSTAIN: None
MOTION PASSED
A STRAW VOTE MOTION WAS MADE BY SPEAKER, SECOND BY KERINS, TO ADOPT A
MINIMUM ROOM STANDARD OF 250 SQUARE FEET FOR 100 PERCENT OF THE UNITS,
EXCLUDING THE MANAGER'S UNIT, BY THE FOLLOWING VOTE:
AYES: Hardy, Kerins, Speaker
NOES: Shomaker, Mandic, Livengood
ABSENT: None
ABSTAIN: Kokal
MOTION FAILED
A STRAW VOTE MOTION WAS MADE BY SHOMAKER, SECOND BY LIVENGOOD, THAT
NO MORE THAT 25 PERCENT THE TOTAL NUMBER OF UNITS HAVE A MINIMUM ROOM
SIZE OF 200 SQUARE FEET WITH THE REMAINDER OF UNITS AT A MINIMUM OF 250
SQUARE FEET, BY THE FOLLOWING VOTE:
AYES: Hardy, Shomaker, Mandic, Livengood, Kokal
NOES: Kerins, Speaker
ABSENT: None
ABSTAIN: None
MOTION PASSED
G ARobinlMinutes101 pcm0213
Planning Commission Minutes
Page 5
2/13/2001
A MOTION WAS MADE KERINS,SECOND BY HARDY,TO APPROVE ZONING TEXT
AMENDMENT NO.01-01 WITH THE APPROVED STRAW VOTES,THAT THE MANAGER'S
UNIT BE A MINIMUM OF 300 SQUARE FEET AND THE AND/OR WORDING FOR THE
STOVE,OVEN AND/OR MICROWAVE, BY THE FOLLOWING VOTE:
AYES: Hardy,Kerins,Shomaker, Mandic,Livengood,Kokal,Speaker
NOES: None
ABSENT: None
ABSTAIN: None
MOTION PASSED
FINDINGS FOR APPROVAL—ZONING TEXT AMENDMENT NO.01-01:
1. Zoning Text Amendment No.01-01 amending Chapter 230.46 and Chapter 233 of the
Huntington Beach Zoning and Subdivision Ordinance addressing Single Room
Occupancy(SRO)development standards for commercial and industrial zones is
consistent with the objectives, policies,general land uses and programs specified in the
General Plan and any applicable specific plans. The revised ordinance will improve the
development standards of SRO's in the City of Huntington Beach.
2. The amended ordinance is compatible with the uses authorized in, and the standards
prescribed for,the zoning district for which it is proposed. The revised ordinance
applies to residential development in commercial and industrial zones as categorized
the by zoning code. It amends the existing standard for SRO's to achieve development
that is more compatible with development in the City.
3. The amendment to the ordinance will better accommodate the development of housing
types,such as multifamily development and Single Room Occupancies(SRO), meeting
special needs groups;senior citizens, physically and mentally challenged,and very low
and low income categories in areas in accordance with the Housing Element of the
General Plan.
The adoption of the ordinance will be in conformity with public convenience,general welfare
and good zoning practice. The revised ordinance will result in the City's ability to provide a
variety of housing opportunities for various income groups.
B-2. CONDITIONAL USE PERMIT NO.98-29/CONDITIONAL DEVELOPMENT PERMIT
NO.98-35 ONE YEAR REV W TSUNAMI RESTAURANT EXPANSION AND VALET
PARKING): Applicant: Larry ,e 17236 Pacific Coast Highway, Huntington
Beach CA 92649 Re, uest: O -year review of the Tsunami Restaurant expansion
and valet parking operation. Loca'on: 17236 Pacific Coast Highway(at Warner
Avenue) Project Planner: Wayne rvalho
One year review of the reviousl a roved Conditional Use Permit and Coastal
Development Permit for a 900 s .ft.r taurant ex ansion and valet parking plan.
- Review for compliance with adopte nditions of approval.
- Review of Code Enforcement action.
- Review of Police Department calls for se 'ce.
G:1Robin1Minutes\01 pcm0213
1be kwGgOling rAtrU(nv`1r131 is a cofred
Copy of the odgkW on fife In this office.
Attest ;� fI'Y- 20,L
GItY Clerlt an -of ido Clerk o t�
C Md of the Cfty of Huntington Beach
�lG Deput
Y
D
. _ MIL a ML Ask
D
MEETING DATE: April 2, 2001
DEPARTMENT SUBJECT:
REQUESTING:
City Attorney Special Assessments for Collecting Delinquent Civil Fines
for Municipal Code Violations
Planning Single Room Occupancy Ordinance-Zoning
Amendment No. 01-01
TODAY'S DATE March 15, 2001
VERIFIED BY
ADMININSTRATION: 2 '
APPROVED BY:
Ray Silver
3/15/01 3:47 PM
PROOF OF PUBLICATION
STATE OF CALIFORNIA) •
) SS.
County of Orange )
am a Citizen of the United States and a NOTICE OF a the staff report will be
resident of the County aforesaid; I am available to interested
PUBLIC HEARING parties at the City
/ ' BEFORE THE CITY Clerk's Office after Fri-
over the age of eighteen years and not a COUNCIL OF day, March TE EST
/ THE CITY OF ALL INTERESTED
party to or interested in the below H' BEACH
PERSONS ahea invited and
BEACH express opinions or
entitled matter. I am a principal clerk of NOTICE IS HEREBY submit evidence for or
P P GIVEN that on Monday, a ainst the application
the HUNTINGTON BEACH INDEPENDENT a ;April 2, 2001, at 7:00 as outlined above. If you
/ �p.m. in the City Council challenge the City Coun-
�Chambers, 2000 Main cil's action in court, you
newspaper of general circulation, printed Street, Huntington may ba limited to raising
Beach, the CityCouncil
and published in the City of Huntington will hold a pub hearingi osomeo�n those
else aised a
on the following planning, the public hearing de-
Beach, County of Orange, State of and zoning item:" l scribed in this notice,
1. ZONING TEXT or .in written cor-
California, and that attached Notice is a ;AMENDMENT01-01IGLNO.� respondence delivered
01-01 (SINGLE ROOM to the City at,or prior to,
true and complete copy as was printed OCCUPANCY OR the public hearing. If
City E): Applicant:, there are any further
and published in the Huntington Beach City of Huntington) ueSU,pease call the
Beach, 2000 Main Department
i tanning at
and Fountain Valley issues of said Street, 9264Hunt8gRe-ton th above
and refer to
Beach CA 92648 Re- the above items. Direct
quest: To review and our communice=
newspaper to wit the issue(s) of: adopt an amendment to 1 you
to the City Clerk
Section 230.46 Single; Connie Brockway,
Room Occupancy Or- City Clerk
dinance of the Hunt City of
-
ington Beach Zoning, Huntington Beach
and Subdivision Or- ; Published Huntington
dinance (ZSO), and i Beach-Fountain Valley
Section 231.04 Off- 'independent March 22,
March 22, 2001 Street Parking of the '2001
ZSO. Location: Com- I 034-594
mercial General,
mercial Visitor and In-
dustrial Zones. Project
Planner: Rosemary
Medal
declare under penalty of perjury that NOTICE IS HEREBY
/ / GIVEN that Item #1 is
the foregoing is true and correct. categorically exempt
g g pursuant to Class 20,
City Council Resolution
No. 4501, which Supple-
ments the California
Executed on March 22 2001 Environmental Quality
Act.
/ ON FILE:A copy of the
sed request is on
at Costa Mesa, California. file°n the City Clerk's Of-
fice, 2000 Main Street,
Huntington Beach, Cali-
fornia 92648, for inspec-
tion by the public.A copy
Signature
rt jjI 111 3-zZ-al
NOTICE OF PUBLIC HEARING
BEFORE THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH
NOTICE IS HEREBY GIVEN that on Monday, April 2, 2001, at 7:00 p.m. in the
City Council Chambers, 2000 Main Street, Huntington Beach, the City Council
will hold a public hearing on the following planning and zoning item:
❑ 1. ZONING TEXT AMENDMENT NO. 01-01 (SINGLE ROOM OCCUPANCY
ORDINANCE): Applicant: City of Huntington Beach, 2000 Main Street,
Huntington Beach CA 92648 Request: To review and adopt an amendment to
Section 230.46 Single Room Occupancy Ordinance of the Huntington Beach
Zoning and Subdivision Ordinance (ZSO), and Section 231.04 Off-Street Parking
of the ZSO. Location: Commercial General, Commercial Visitor and Industrial
Zones. Project Planner: Rosemary Medel
NOTICE IS HEREBY GIVEN that Item #1 is categorically exempt pursuant to Class 20,
City Council Resolution No. 4501, which supplements the California Environmental
Quality Act.
ON FILE: A copy of the proposed request is on file in the City Clerk's Office,
2000 Main Street, Huntington Beach, California 92648, for inspection by the
public. A copy of the staff report will be available to interested parties at the City
Clerk's Office after Friday, March 30, 2001.
ALL INTERESTED PERSONS are invited to attend said hearing and express
opinions or submit evidence for or against the application as outlined above. If
you challenge the City Council's action in court, you may be limited to raising
only those issues you or someone else raised at the public hearing described in
this notice, or in written correspondence delivered to the City at, or prior to, the
public hearing. If there are any further questions please call the Planning
Department at 536-5271 and refer to the above items. Direct your written
communications to the City Clerk
Connie Brockway, City Clerk
City of Huntington Beach
(g:legals:CCLGFRM2)
Smooth Feed SheetsTM SRO AMENDMENT LIST—MARCH 2,2001(G:1Labels) Use template for J 6i0J
Orange County Bridges American Foundation Habitat for Humanity -
Community nHousing Corp. 18837 Brookhurst St., Ste. 303 Orange County
1833 E. 17 Street, Ste. 207 Fountain Valley CA 92708 2165 S. Grand Avenue
Santa Ana CA 92705 Santa Ana CA 92705
Interval House Crisis Shelters Shelter for the Homeless Project Self Sufficiency
P.O. Box 3356 15161 Jackson Street 2000 Main Street, 5tn Floor
Seal Beach CA 90740 Midway City CA 92655 Huntington Beach CA 92648
League of Women Voters Edna Littlebury Fair Housing Council of O.C.
Orange Coast Golden St. Mobile Home Owners Leag. 201 South Broadway
4057 Warner Avenue 11021 Magnolia Blvd. Santa Ana CA 92701
Huntington Beach CA 92649 Garden Grove CA 92642
President Judy Legan President
H. B. Chamber of Commerce Orange County Assoc. of Realtors Huntington Beach Tomorrow
2100 Main Street, Ste. 200 25552 La Paz Road P.O. Box 865
Huntington Beach CA 92648 Laguna Hills CA 92653 Huntington Beach CA 92648
Julie Vandermost Richard Spicer ETI Corral 100
BIA-OC SCAG Mary Bell
9 Executive Circle, #100 818 West 7tn 121n Floor 20292 Eastwood Circle
Irvine CA 92714-6734 Los Angeles CA 90017 Huntington Beach CA 92646
Frank Caponi William D. Holman Mr. Tom Zanic
Environmental Board Chairman PLC New Urban West
6662 Glen Drive 19 Corporate Drive 520 Broadway, Ste. 100
Huntington Beach CA 92647 Newport Beach CA 92660-7912 Santa Monica CA 90401
President, HB Historical Society Community Services Dept. Council on Aging
C/o Newland House Museum Chairperson 1706 Orange Avenue
19820 Beach Blvd. Historical Resources Board Huntington Beach CA 92648
Huntington Beach CA 92648
California Coastal Commission California Coastal Commission
Theresa Henry/South Coast Area South Coast Area Office '
200 Oceangate, 101n Floor 200 Oceangate, 101n Floor
Long Beach CA 92802-4302 Long Beach CA 92802-4302
-- JDAVERY0 Address Labels Laser 5960TM
CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARING REQUEST
i
SUBJECT:
4 ,
DEPARTMENT: MEETING DATE:
CONTACT: PHONE:
N/A YES NO
Is the notice attached?
Do the Heading and Closing of Notice reflect City Council(and/or
Redevelopment Agency)hearing?
Are the date,day and time of the public hearing correct?
(D(2 ( ) { ) If an appeal, is the appellant's name included in the notice?
( ( ) ( ) If Coastal Development Permit,does the notice include appeal language?
Is there an Environmental Status to be approved by Council?
( � { )
Is a Iarger ad required? Size
( ) Is the verification statement attached' di tin the ource and accuracy of the
mailing list? 1, 3�t W M�uo. I✓0`�� J �.�0,
OQ ( ) ( ) Are the applicant's name and address part of the mailing labels?
U7 ,
( ( ) ( ) Are the appellant's name and address part of the mailing labels?
If Coastal Development Permit,is the Coastal Commission part of the mailing
labels?
If Coastal Development Permit,are the Resident labels attached?
Is the33343 report attached? (Economic Development Dept. items only)
Please complete the following:
1. Minimum days from publication to hearing date c
2. Number of times to be published
3. Number of days between publications 1)A
ZONING TEXT AMENDMENT
NO. Ol-01
SINGLE ROOM OCCUPANCY
ORDINANCE
REQUEST
➢Request by the City of Huntington Beach
to Amend the Single Room Occupancy
(SRO) Ordinance regarding:
➢Occupancy
➢Room Size
➢Parking
➢Miscellaneous Items
L.._ U,'y1 I
3
BACKGROUND
➢In November 2000, the City Council
directed staff to amend the SRO Ordinance
to:
➢Reduce Occupancy
➢Modify Room Size
➢Increase Parking
➢In February 2001, the Planning Commission
unanimously recommended approval of the
Amended Ordinance to the City Council for
Adoption
ANALYSIS
➢OCCUPANCY REQUIREMENTS:
➢Limit occupancy to one person per
unit
➢Allowance for overnight guest
➢Restrict occupancy to minimum
stays of one month
2
ANALYSIS (con't.)
➢ROOM SIZE REQUIREMENTS:
➢Increase minimum SRO room size to
250 square feet
➢Allow 25% of SRO rooms to be a
minimum of 200 square feet
➢Decrease maximum SRO room size to
300 square feet
ANALYSIS (con't.)
➢PARKING REQUIREMENTS:
➢Establish parking at one space for each
SRO unit regardless of proximity to
public bus stops
➢Require parking for passenger
transport and loading area
➢Establish visitor parking at a minimum
of 10% of required parking
3
RECOMMENDATION
➢Staff and the Planning Commission
recommend the City Council approve
Zoning Text Amendment No. 01-01
END OF PRESENTATION
4
6A)6 tj&- lAl, w Cal,
:r0'A 10TWD A�VAL c7N dl—oz—o)
►t�-ls ��" � 1�� doh �� uN1�
ORDINANCE NO.
= AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TINGTON BEACH AMENDING CHAPTERS 230 AND 231
OF HE ZONING AND SUBDIVISION ORDINANCE RELATING
TO S GLE ROOM OCCUPANCY AND OFF STREET PARKING.
WHEREAS, the.City Council of the City of Huntington Beach desires to amend the
Single Room Occupancy \rdinance (SRO), in keeping with changing community housing
needs and objectives; and
WHEREAS, pursuant to�he California State Planning and Zoning Law, the
Huntington Beach Planning Commission and Huntington Beach City Council have held
separate duly noticed public hearings to consider Zoning Text Amendment No. 01-01, which
amends Sections 230.46 and Chapter\231 of the Huntington Beach Zoning and Subdivision
Ordinance relating to Single Room Weupancy(SRO) procedures; and
WHEREAS, after due considers ion of the findings and recommendations of the
Planning Commission and all other evidence presented, the City Council finds.that the
aforesaid amendment is proper and consistent with the General Plan; and
WHEREAS, the City Council finds that the Zoning and Subdivision Amendment is
categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which
supplements the California Environmental Quality Act; and
NOW, THEREFORE, the City Council of the C\of Huntington Beach does hereby
ordain as follows:
SECTION 1: That Section 230.46 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended to read as follows:
230.46 Single Room Occupancy
Single room occupancy(SRO) shall comply with the following requirements:
A. General Provisions.
1. All projects shall comply with the most recently adopted City Building., Plumbing,
Mechanical, Electrical, Fire, and Housing Codes.
2. No more than one (1) person shall be permitted to reside in any unit, excluding the
manager's unit.
3 A Management Plan shall be submitted for review and approval with the conditional
use permit application. The Management Plan shall contain management policies,
operations, emergency procedures, overnight guest policy, security program including
video cameras monitoring building access points at every floor, rental procedures and
proposed rates, maintenance plans, staffing needs, and tenant mix, selection and
jmp/planning/ord230-46/3/2 1/01 1
regulations. Income levels shall be verified by a third party and submitted to the City
of A mington Beach as part of the annual review.
4. An on-si, e twenty-four�24) hour manager is required in every SRO
project.
In
addition,a\manager's unit shall be provided which shall be designed as a complete
residential unit,a and be a minimum of-300 square feet in size.
5. Rental procedures shall allow for monthly tenancies only; deposit requirements shall
be specified.
6. All units within SRO pr,jects shall be restricted to very low and low income
individuals as defined by'fhe City's Housing Element, with the exception of the
twenty-four(24) hour mana�ler. Rental rates shall be calculated using a maximum of
30% of income toward housi\_
ng expenses based on County of Orange income figures.
7. Each SRO project shall be sub'ec to annual review b the it which p J J y City, includes the
review of management services. The management services plan shall define third
party verification criteria. The SRO project owner shall be responsible for filing an
annual report to the Planning and Economic Development Departments, which
includes the range of monthly rents, the monthly income of residents, occupancy:rates,.
and the number of vehicles owned by residen\
8. The Planning Commission or City Council may revoke the conditional use permit if
any violation of conditions or any of the adopted\ untington Beach Codes occurs.
B. Unit Requirements.
1. Minimum unit size shall be 250 square feet except that up to 25 percent of the total
number of units may be a minimum of 200 square feet.
2. Maximum unit size shall be three hundred (300) square feet excluding manager's unit.
3. Each unit shall contain a kitchen and bathroom.
a. Kitchens shall contain a sink with garbage disposal, counter top (minimum 16" x
24"), refrigerator, and stove/oven unit and/or microwave,
b. If stove/oven units are not provided in each unit, then stove/oven units shall be
provided in a common kitchen area(s).
c. Bathrooms shall contain a lavatory, toilet, and shower or bathtub.
d. Each unit shall have a minimum forty-eight (48) cubic feet of closet/storage space.
C. Project Requirements.
1. Common recreational space shall be provided in each project as follows:
a. Minimum common recreational space shall be four hundred (400) square feet.
b. For projects exceeding thirty(30) units, an additional 10 square feet of recreational
space per unit is required.
Units that are 220 square feet or greater shall have a minimum of 15 square feet of
recreational space per unit.
jmp/plannino/ord230-46/3/21/01 2
c. Common recreational space may be indoor or outdoor provided there is at least
forty percent (40%) allotted toward indoor space and forty percent (40%) outdoor
space; the balance may be either indoors or outdoors.
d. Common recreational space may be in separate areas provided each space is not
less than two hundred (200) square feet in size and has no less than a ten (10) foot
dimension.
2. A single controlled entryway for routine ingress and egress shall be situated adjacent
to and in full view of e manager's desk.
3. A secured office area shall be incorporated in the facility for the storage of
confidential resident ecords and security office personnel.
4 Mailboxes shall be provided for each unit located near the lobby in plain view of
the entry desk.
5. Handicap access facilities shall be as required by applicable state or local law.
6. At least one handicapped-accessible unit shall be required for every twenty(20)
units.
7. Laundry facilities shall be provided in a separate room in a location near the
common indoor recreational space. Washers and dryers may be coin operated.
8. A cleaning supply storeroom and/or utility closet with at least one (1) laundry tub
with hot and cold water shall be provided on\every floor.
9. Storage Lockers
a. Storage lockers shall be provided in a secured area.
b. The cumulative total of locker space shall-be no less thann-a ratio often (10)
cubic feet per unit.
10. All common indoor space areas shall have posted in a conspicuous location a
notice from the City's Planning Department regarding contact procedures to
investigate housing code violations. \
11. Bicycle stalls shall be provided at a minimum of one (1) stall per five (5) units in a
secured, enclosed and covered area.
12. . Trash disposal chutes as well as a centralized trash area shall be provided on all
multi-story projects. \1
13. A minimum of two (2)pay telephones shall be provided in the lobby area. The
telephone service shall only allow outgoing calls.
14. Phone jack(s) shall be provided in each unit.
15. A shipping and receiving/maintenance garage shall be provided near a convenient
vehicular access on the ground floor.
j mp/plann ing/ord230-46/3/21/01 3
SECTION 2: That Chapter 231.04B Off-Street Parking Required: Schedule A of the
City of Hui tmgton Beach Zoning and Subdivision Ordinance is hereby amended to read a
follows:
Visitor Accommodations (cont.)
Single Room Occupancy, 1.0 per unit, 10% shall be designated as visitor
Residential Hotels parking; 1 per passenger transport vehicle
(minimum of 1 stall) one loading space and 2
spaces for any manager's unit, plus 0.5 per all
remaining personnel
SECTION 3: These amendments become effective immediately upon certification by
the California Coastal Commission.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting-thereof held on the \day of , 2001.
ATTEST:
Mayor
City Clerk
APPROVED AS TO FORM:
REVIEWED AND APPROVED: 1
& � ity Attorriey
2-
City Admit strator INITIA ED AND APPROVED:
Di ec or of Planning
j mp/planning/ord230-46/3/21/01 4 \
\
ATTACHMENT 2
Ordinance NoIn
LEGISLATIVE DRAFT
Chapter 23,0 Site Standards
Sections:
230.02 Applicabilit\ide
Residential District
230.04 Front and CYards in Developed Areas
230.06 Religious Assembly Yard Requirements
230.08 Accessory Structures
230.10 Accessory Dwelling Units
230.12 Home Occupation in R Districts
230.14 Affordable HousingIncentives/Density Bonus
230.16 Manufactured Homes
230.18 Subdivision Sales Offices and Model Homes
230.20 Payment of Parkland Dedication InLieu Fee
230.22 Residential Infill Lot Developments
230.24 (Reserved)
230.26 (Reserved)
230.28 (Reserved)
230.30 (Reserved)
NonResidential Districts
230.32 Service Stations
230.34 Housing of Goods
230.36 Transportation Demand Management
230.38 Game Centers
230.40 Helicopter Takeoff and Landing Areas
230.42 Bed and Breakfast Inns
230.44 Recycling Operations
230.46 Single Room Occupancy
230.48 Equestrian Centers
230.50 Indoor Swap Meets/Flea Markets
230.52 (Reserved)
230.54 (Reserved)
230.56 (Reserved)
230.58 (Reserved)
230.60 (Reserved)
All Districts .`
230.62 Building Site Required
230.64 Development on Substandard Lots
230.66 Development on Lots Divided by District Boundaries
230.68 Building Projections into Yards and Courts
jmp/planning/legisdrft 230 1
230.70 Measurement of Height
230.72 Exceptions to Height Limits
230.74 Outd6or Facilities
230.76 Screei�jg of Mechanical Equipment
230.78 Refuse Storage Areas
230.80 Antennae \
230.82 Performance Standards for All Uses
230.84 Dedication and Improvements
230.86 Seasonal Sales
230.88 Fencing and Yards
230.90 Contractor Storage Yards/Mulching Operations
230.92 Landfill Disposal Sites
230.94 Carts and Kiosks
230.02 Applicability
This chapter contains supplemental land use and development standards, other than parking and
loading, landscaping and sign provisions, that are applicable to sites in all or several districts.
These standards shall be applied as specified in Title 21: Base Districts, Title 22: Overlay
Districts, and as presented in this chapter.
Residential Districts
230.04 Front and Street Side Yards in Developed\Areas
Where lots comprising 60 percent of the frontage on a blockface in an R district are improved
with buildings that do not conform to the front yard requirements, tl Planning Commission may
adopt by resolution a formula or procedure to modify the front and street side yard setback
requirements. The Planning Commission also may modify the required yard depths where lot
dimensions and topography justify deviations. Blocks with such special setback requirements
shall be delineated on the zoning map. Within the coastal zone any such setback modifications
adopted by the Planning Commission shall be consistent with the Local Coastal Program. (sssa)
230.06 Religious Assembly Yard Requirements
Yards, height and bulk, and buffering requirements shall be as specified by a conditional use
permit, provided that the minimum interior side yard and rear yard shall each be 20 feet.Yards
adjoining street property lines shall not be less than required for a permitted use.
230.08 Accessory Structures
A. Timin . Accessory structures shall not be established or constructed prior to the start of
construction of a principal structure on a site, except that construction trailers may be placed on a
site at the time site clearance and grading begins and may remain on the site only for the duration
of construction.
jmp/planning/legisdrft 230 2
1. Location. Except as provided in this section, accessory structures shall not occupy a
'required front, side or street side yard or court, or project beyond the front building line
of'the principal structure on a site. An accessory structure shall be setback 5 feet from the
rear property line except no setback is required for accessory structures, excluding
garages and carports, which abut an alley. No accessory structures shall be permitted off-
site.
C. Maximum Height. 15 feet, except a detached garage for a single family dwelling may exceed
the maximum height when it is designed to be architecturally compatible with the main dwelling
and does not include habitable floor area.
D. Maximum Size in RL District. In an RL district, the total gross floor area of accessory
structures more than 4 feet in height that are not attached to a dwelling shall not exceed 600
square feet or 10 percent of lot areaNwhichever is more.
E. Patio Covers. A patio cover open o\\least 2 sides and complying with all other provisions of
this subsection may be attached to a principal structure provided a 5foot clearance to all property
lines is maintained.
F. Decks. A deck 30 inches or less in height may be l
ocatedin a required yard.
G. Separation. The distance between buildings on same lot shall not be less than 10 feet.
230.10 Accessory Dwelling Units
A. Permit Required. Accessory dwellings may be permitted in all R districts on lots with a single
family dwelling subject to a conditional use permit issued by the,Zoning Administrator.
Applications shall be submitted to the Director accompanied by the required fee, plans and
elevations showing the proposed accessory dwelling and its relation to the principal dwelling,
descriptions of building materials, landscaping and exterior finishes to\be used and parking to be
provided, and any other information required by the Director to determine whether the proposed
unit conforms to all requirements of this code. The Zoning Administrator shall approve a
conditional use permit for an accessory dwelling unit after a duly noticed public hearing upon
finding that: \
1. The dwelling conforms to the design and development standards for accessory dwelling units
established in Subsection (C) of this section;
2. The accessory unit maintains the scale of adjoining residences and is compatible with the
design of existing dwellings in the vicinity in terms of building materials, colors and exterior
finishes;
3. The main dwelling or the accessory dwelling will be owneroccupied; and
4. Public and utility services including emergency access are adequate to serve both dwellings.
B. Design and Development Standards.
1. Minimum Lot Size. 6,000 square feet.
jmp/planning/legisdrft 230 3
2. Maximum Unit Size. The maximum square footage of the accessory dwelling unit shall not
exceed 650 square feet and shall not contain more than one bedroom.
1. Required Setbacks. Accessory dwelling units shall comply with minimum setbacks of
Chapte\10.
4. Height and Building Coverage. The basic requirements of Chapter 210 shall apply unless
modified by an overladistrict.
5. Parking. All parking spaces shall comply with Section 231.18D.(3334)
6. Design. The accessory\n t`shall be attached to the main dwelling unit in such a manner as to
create an architecturally unified whole, not resulting in any change to the visible character of the
street. The entrance to the accessory unit shall not be visible from the street in front of the main
dwelling unit. Building materials, colors and exterior finishes should be substantially the same as
those on the existing dwelling.
C. Ownership. The second unit shall not be sold separately from the main dwelling unit.
D. Conditions Recorded. The conditional use permit and conditions of approval shall be filed for
record with the County Recorder within 30 days of approval. Evidence of such filing shall be
submitted to the Director within 30 days of approval.
E. Parkland Dedication Inlieu Fee. A parkland dedication inlieu fee shall be assessed at 25
percent of the fee for a single family residence as set byNresolution of the City Council and paid
prior to issuance of the building permit.
230.12 Home Occupation in R Districts
A. Permit Required. A home occupation in an R district shall req\\\uire a Home Occupation Permit,
obtained by filing a completed application form with the Director. The Director shall approve the
permit upon determining that the proposed home occupation complies\with the requirements of
this section. \
B. Contents of Application. An application for a Home Occupation Permit shall contain:
1. The name, street address, and telephone number of the applicant;
2. A complete description of the proposed home occupation, including number and\oc cupation of
persons employed or persons retained as independent contractors, amount of floor space
occupied,provisions for storage of materials, and number and type of vehicles used.
C. Required Conditions. Home occupations shall comply with the following conditions:
1. A home occupation shall be conducted entirely within one room in a dwelling. No outdoor
storage shall be permitted. Garages shall not be used in connection with such business except to
park business vehicles.
jmp/planning/legisdrft 230 4
2.No one other than a resident of the dwelling shall be employed onsite or report to work at the
site in the conduct of a home occupation. This prohibition also applies to independent
contractors.
1. \There shall be no display of merchandise, projects, operations, signs or name plates of
any kind visible from outside the dwelling. The appearance of the dwelling shall not be
altered, or shall the business be conducted in a manner to indicate that the dwelling or its
premise is used for a nonresidential purpose, whether by colors, materials, construction,
lighting,, w'ndows, signs, sounds or any other means whatsoever.
4. A home occupation shall not increase pedestrian or vehicle traffic in the neighborhood.
p \ p g
5. No commercial vehicle or equipment used in conjunction with the home occupation shall be
parked overnight on an adjacent street or in any yard visible from the street.
6.No motor vehicle repair for commercial purposes shall be permitted.
7. A home occupation shall not include an office or salesroom open to visitors, and there shall be
no advertising of the address of the home occupation.
8. A conditional use permit shall be issued,,by the Zoning Administrator when a home occupation
involves instruction and/or service, e.g. music lessons, beauty shop, swimming lessons. Where a
home occupation involves swimming instruction in an outdoor swimming pool, each swimming
class shall be limited to 4 students, and no more than 2 vehicles shall be used to transport
students to such classes.
9. Any authorized City employee may inspect the premises of a home occupation upon 48 hours
notice to ascertain compliance with these conditions and any requirements of this code. The
permit for a home occupation that is not operated in compliance with these provisions shall be
revoked by the Director after 30 days written notice unless the home occupation is altered to
comply.
230.14 Affordable Housing Incentives/Density Bonus
A. When a developer of a residential property which is zoned an\g2eneralplanned to allow five
(5) or more dwelling units proposes to provide affordable housing, he or she\may request a
density bonus and/or other incentive through a conditional use permit subject to the provisions
contained in this section. A density bonus request pursuant to the provisions contained within
this section shall not be denied unless the project is denied in its entirety. \
B. The City may grant incentives to the developer. An incentive includes,but is not limited to,
the following:
1. A density bonus.
2. A reduction in site development standards or architectural design requirements which exceed
the minimum building standards contained within the Uniform Building Code as adopted by the\
City including, but not limited to, a reduction in setback, lot coverage, floor area ratio, parking \
and open space requirements. \
jmp/planning/Icgisdr t 230 5
3. Approval of mixed use zoning in conjunction with the housing project if commercial, office,
industrial, or other land uses will reduce the cost of the housing development and if the
commercial, office, industrial, or other land uses are compatible with the housing project and the
existing or'\planned development in the area where the proposed housing project will be located.
4. A reductionin development and/or processing fees.
5. Other regulat\incentives or concessions proposed by the developer or the City which result
in identifiable cost reductions.
1. Financial assist:\by the City, i.e., housing setaside funds.
7. Other incentives mutual ly\eeable to the City and developers consistent with all City, State
and Federal laws, rules, standards; regulations and policies.
C. Target rents/mortgage payments.
1. For the purpose of this section, units designated for moderate income household shall be
affordable at a rent or mortgage payment that does not exceed twentyfive percent (25%) of the
gross family income. \
2. For the purpose of this section, units designated.for lower income households shall be
affordable at a rent or mortgage payment that does not exceed thirty percent (30%) of sixty
percent(60%) of the Orange County median income as defined by the State of California
Department of Housing and Community Development.
3. For the purpose of this section, those units designated for-very low income households shall be
affordable at a rent or mortgage payment that does not exceed•thirty percent (30%) of fifty
percent (50%) of the Orange County median income as defined\•by the State of California
Department of Housing and Community Development.
D. Affordability requirements.
1. Percentage of affordable units required. To qualify for a density bonus and/or other incentives,
the developer of a residential project must agree to one of the following:
o \
a. Provide at least twenty percent (20/o) of the total units of the housing develo ment for lower
income households; or
b. Provide at least ten percent (10%) of the total units of the housing development for very low
income households; or
c. Provide at least fifty percent (50%) of the total units of the housing development for qualifying
senior residents. \
The density bonus shall not be included when determining the number of housing units required
to be affordable. Remaining units may be rented, sold, or leased at "market" rates.
If a developer is granted a density bonus in excess of twentyfive percent (25%), those additional
units above the twentyfive percent (25%) may be required to be maintained affordable for
"moderate income" households.
jmp/planning/legisdrft 230 6
2. Duration of affordability. Units required to be affordable as a result of the granting of a
density bonus and other incentives shall remain affordable for thirty(30) years. If the City does
not grant at least one concession or incentive pursuant to this chapter in addition to the density
bonus, orsprovides other incentives in lieu of the density bonus, those units required to be
affordable shall remain so for ten(10)years.
3. Affordabl\•it distribution and product mix. Affordable units shall be located throughout the
project and shall include a mixture of unit types in the same ratio as provided throughout the
proj ect.
1. Affordability agreement. Affordability shall be guaranteed through an "Affordability
Agreement" executed between the developer and the City. Said agreement shall be
recorded on the subjectproperty with the Orange County Recorder's Office as provided
in Section 65915, et seq.of the California Government Code,prior to the issuance of
building permits and shall become effective prior to final inspection of the first unit. The
subject agreement shall be legally binding and enforceable on the property owner(s) and
any subsequent property owner(9),for the duration of the agreement. The agreement shall
include,but is not limited to, the following items:
a. The number of and duration of the affordability for the affordable units;
b. The method in which the developer and the City'-are to monitor the affordability of the subject
affordable units and the eligibility of the tenants or owners of those units over the period of the
agreement; •,
c. The method in which vacancies will be marketed and filled;
d. A description of the location and unit type (bedrooms, floor area, etc.) of the affordable units
within the project; and
e. Standards for maximum qualifying household incomes and standards for maximum rents or
sales prices.
5. City action. Pursuant to this section the City shall:
a. Grant a density bonus and at least one of the concessions or incentives identified in Section
230.1813 unless the City makes a written finding that the additional concession or incentive is not
required in order for rents or mortgage payments to meet the target rates; or \
b. Provide other incentives of equal value to a density bonus as provided in Section 65915, et
seq. of the California Government Code. The value of the other incentives shall be based on the
land cost per dwelling unit.
E. Procedure.
1. In addition to submitting all documentation required to apply for a conditional use permit, a
developer requesting a density bonus or other incentive pursuant to this section shall include the
following in the written narrative supporting the application:
jmp/planning/legisdrft 230 7
a. A general description of the proposed project, general plan designation, applicable zoning,
maximum possible density permitted under the current zoning and general plan designation and
such other information as is necessary and sufficient. The property must be zoned and general
planned toellow a minimum of five (5) units to qualify for a density bonus.
b. A calculationof the density bonus allowed.
1. In the case\t the developer requests the City to modify development standards as
another incentive, a statement providing a detailed explanation as to how the requested
incentive will enable the developer to provide housing at the target rents or mortgage
payments. Modification of development standards will be granted only to the extent
necessary to achieve the,housing affordability goals set forth herein.
d. A statement detailing the num\of density bonus units being proposed over and above the
number of units normally permitted By the applicable zoning and general plan designations.
2. All subsequent City review of and action on the applicant's proposal for a density bonus and/or
consideration of any requested other incentives shall occur in a manner concurrent with the
processing of the conditional use permit and any other required entitlements, if any. If the
developer proposes that the project not be subject to impact fees or other fees regularly imposed
on a development of the same type, final approval will be by the City Council.
3. The Planning Commission/City Council shall review the subject Affordability Agreement
concurrently-with the development proposal. No project shall be deemed approved until the
Affordability Agreement has been approved by the appropriate reviewing body.
4. The Planning Commission/City Council may place reas\ ble conditions on the granting of
the density bonus and any other incentives as proposed by the applicant. However, such
conditions must not have the effect, individually or cumulatively, of impairing the objective of
California Government Code Section 65915 et seq., and this section, of providing affordable
housing for qualifying residents, lower or very low income households in residential projects.
5. A monitoring fee, as established by resolution of the City Council, shall be paid by the
applicant to the City prior to issuance of a certificate of occupancy for the fist unit. This fee
shall be in addition to any other fees required for the processing of the conditional use permit,
environmental analysis, and/or any other entitlements required.
F. Required findings for approval.
1. Density. b�. In granting a conditional use permit for a density bonus, the Planning
Commission/City Council shall make all of the following findings:
a. The proposed project, which includes a density bonus, can be adequately serviced by the City
and County water, sewer, and storm drain systems without significantly impacting the overall
service or system.
b. The proposed project, which includes a density bonus,will not have a significant adverse
impact on traffic volumes and road capacities, school enrollments, or recreational resources.
jmp/planning/legisdrft 230 8
c. The proposed project which includes a density bonus is compatible with the physical character
of the surrounding area.
d. The pr\oposed project which includes a density bonus is consistent with the overall intent of
the General Plan.
e. If located within the coastal:zone,-the proposed project which includes a density bonus will not
result in the fil0dre ge, or diking of a wetlands. (3334)
1. Other incentives. A request for an additional incentive shall not be denied by the
Planning Commission or City Council unless a finding is made that the incentive is not
necessary to the e'to lishment of affordable units.
In granting any other incentives as defined in this section,the Planning Commission/City
Council shall be required to make all of the following findings:
a. The granting of the proposed other incentive(s) will not have an adverse impact on the
physical character of the surrounding area.
b. The granting of the proposed other incentive(s) is consistent with the overall intent of the
General Plan.
c. The granting of the proposed other incentive(s) will not be detrimental to the general health,
welfare, and safety of persons working or residing in the vicinity.
d. The granting of the proposed other incentive(s) wi\not be injurious to property or
improvements in the vicinity.
e. The granting of the proposed other incentive(s) will not impose an undue financial hardship on
the City.
f. If the other incentive is a modification of development standards, the granting of the other
incentive is necessary to achieve the target affordable rents/mortgage payments for the affordable
units.
g. The granting of the proposed other incentive will not result in the filling or dredging of
wetlands.(3334)
230.16 Manufactured Homes
A. General Requirements. Manufactured homes may be used for residential purposes\if such
manufactured home conforms to the requirements of this section and is located in an Redistrict.
Manufactured homes also maybe used for temporary uses, subject to the requirements of a
temporary use permit issued under Chapter 241.
B. Location and Design Requirements. Manufactured homes maybe located in any R district
where a single family detached dwelling is permitted, subject to the same restrictions on density
and to the same property development standards, provided that such manufactured home meets
the design and locational criteria of this subsection. These criteria are intended to protect
neighborhood integrity, provide for harmonious relationship between manufactured homes and
jmp/planning/legisdrft 230 9
surrounding uses, and minimize problems that could occur as a result of locating manufactured
homes on residential lots.
1. Locatie�o`n Criteria: Manufactured homes shall not be allowed:
a. On substandard lots that do not meet the dimensional standards of Chapter 210;
b. As a second oradditional unit on an already developed lot; or
c. As an accessory b\ding or use on an already developed lot.
2. Design Criteria: Manuf\tured homes shall be compatible in design and appearance with
residential structures in the vicinity and shall meet the following standards:
1. Each manufactured hous\ust be at least 16 feet wide;
b. It must be built on a permanent foundation approved by the Building Official;
c. It must have been constructed after June\l, 1979, and must be certified under the National
Manufactured Home Construction and Safety,Act of 1974;
d. The unit's skirting must extend to the finishe&grade;
e. Exterior siding must be compatible with adjacent"residential structures, and shiny or metallic
finishes are prohibited;
f. The roof must have a pitch of not fewer than 2 inches vertical rise per 12 inches horizontal
distance, with eave overhangs a minimum of 12 inches; \
g. The roof must be of concrete or asphalt tile, shakes or shingles complying with the most recent
editions of the Uniform Building Code fire rating approved in the'City of Huntington Beach;
h. The floor must be no higher than 20 inches above the exterior finshed and
i. Required enclosed parking shall be compatible with the manufactured home design and with
other buildings in the area. \
C. Cancellation of State Registration. Whenever a manufactured home is installed on a
permanent foundation, any registration of said manufactured home with the State of California
shall be canceled,pursuant to state laws and standards. Before occupancy, the owner,shall
provide to the Director satisfactory evidence showing: that the state registration of the\
manufactured house has been or will, with certainty,be canceled; if the manufactured house is
new and has never been registered with the state, the owner shall provide the Director with a
statement to that effect from the dealer selling the home.
230.18 Subdivision Sales Offices and Model Homes
Subdivision sales offices and model homes in conjunction with a subdivision maybe permitted
subject to approval of a temporary use permit issued by the Zoning Administrator and
compliance with the following requirements.
jmp/planning/legisdrR 230 10
A. The office shall be discontinued within 30 days following sale of the last onsite unit. A cash
bond shall be posted with the City in the amount of$1,000 for the sales office and $1,000 for
each model home to guarantee compliance with the provisions of this code.
B. The develop or contractor shall furnish a site plan showing the placement of the sales office
and all model signs,parking signs, directional signs, temporary structures,parking and
landscaping.
C. No sales office shall be converted or expanded into a general business office for the contractor
or developer. \�
230.20 Payment of Parkland Dedication InLieu Fee
All single family and multi-family housing projects, mobile home parks, and any other
residential units not covered by Chapter 254 of Title 25, Subdivision Ordinance. These
developments shall pay a park inlieu'fee in accordance with the requirements of Chapter 254.
The fees shall be calculated according to a schedule adopted by City Council resolution and shall
be paid at the time a building permit is issued.
230.22 Residential Infill Lot Developments\(Note:Not certified by the California Coastal
Commission; however, these provisions are in effect and will be enforced by the City Council
of Huntington Beach) (3334)
The following Residential Infill requirements are intended to minimize impacts on contiguous
developed single family residential property and provide.,standards that insure compatibility and
appropriate design for projects located within existing residential neighborhoods,unless to do so
would contravene the terms of an existing Development Agreement.(330 1 1 1/95)
Infill development site plans and building design shall be har\pious and compatible with
streets, driveways,property lines, and surrounding neighborhoo&\Compatibility considerations
should include, but not be limited to, lot size, lot frontages, building layout, building
configuration and design, building materials, product type, grade height and building height
relative to existing dwellings, and visual intrusion concerns. The Director of Community
Development shall cause all requests for plan check and issuance of building permits for
residential infill lot development to be reviewed in accordance with these requirements.(3 30 1 1 1/95)
A. Privacy Design Standards.
1. New residences shall offset windows from those on existing residences to insure�maximum
privacy. The use of translucent glass or similar material, shall be used for all bathroom windows
facing existing residences. Consider locating windows high on elevations to allow light and
ventilation, and insure privacy. (330 1 1 1/95) �
2. Minimize the canyon effect between houses by clipping roof elevations on side yards. Pro vide
roof line variations throughout a multidwelling infill development. (330111/95)
3. Provide architectural features (projections, offsets) to break up massing and bulk. \,
jmp/planning/legisdrft 230 11
4. Upper story balconies shall be oriented toward the infill house's front or rear yard areas, a
public street or permanent open space. (330111/95)
B. Noise Considerations. (330111/95)
1. Swimming pool/hot tub equipment, air conditioning equipment, and other permanently
installed motor driven equipment shall be located to minimize noise impacts on contiguous
residences. (330111/95) ,
C. Pad Height. (330111/95)
1. Pad height for new construction shall match to the extent feasible pad heights of contiguous
residences. Any property owner/developer who intends to add fill above the height of the
existing contiguous grades shall demonstrate to the Community Development Director and the
City Engineer that the additional fill'is not detrimental to surrounding properties in terms of
compatibility and drainage issues. (3301 i 1(95)
D. Public Notification Requirements. \
1. Ten (10)working days prior to submittal for plan check (plan review) the applicant shall
give notice of the application to adjacent property owners and the City of Huntington
Beach, Department of Community Development by'first class mail. The notice of application
shall include the following: (330111/95)
a. Name of applicant;
b. Location of planned development, including street address (if known) and/or lot and tract
number; (330111/95) \
c. Nature of the planned development, including maximum height and square footage of each
proposed infill dwelling unit; (330111/95)
d. The City Hall telephone number for the Department of Community Development to call for
viewing plans;
e. The date by which any comments must be received in writing by the Department of
Community Development. This date shall be ten(10)working days from plan check (plan
review) submittal; and
f. The address of the Department of Community Development.
2. The applicant shall submit a copy of each notice mailed and proof of mailing of the notice(s)
when submitting the application for plan check (plan review). The adjacent property owner,s shall
have ten (10)working days from plan check (plan review) submittal to provide comments \
regarding the application to the Director of Community Development. All decisions of the \`
Director regarding the application shall be final. (330111/95)
230.24 (Reserved)
230.26 (Reserved)
jmp/planning/legisdrft 230 12
1
230.28 (Reserved)
230.30 (Reserved)
NonResident\1 Districts
230.32 Service S\tions
The following suppl\ental development standards shall apply to the Service Station use
classification.
A. Minimum parcel size. 22,5 0 square feet.
1. Minimum frontage. 150 feet and located at the intersection of arterial highways.
C. Site Layout. Conditions of approval of a conditional use permit may impose restrictions on
outdoor storage and display and location\of pump islands, canopies and service bay openings and
require buffering, screening, lighting, or planting areas necessary to avoid adverse impacts on
properties in the surrounding area.
D. Design standards.
1. In reviewing proposals, emphasis shall be placed on`-quality design of building materials and
landscape features. Service stations shall be designed sothat form and scale are harmonious and
consistent with the character of the specific site,the adjacent uses and structures, and the general
neighborhood.
2. The location,number, and design of driveways as well as on afid offsite traffic circulation
impacts shall be analyzed. \
3. Service bay openings shall be designed to minimize the visual intru\sign on surrounding streets
and properties. A maximum of 3 service bays shall be permitted per site,none of which shall
face a public rightofway.
4. Lighting shall be of low profile design, indirect or diffused, and shall create n\negative
impact on surrounding uses.
5. A minimum 10 percent of the site shall be landscaped. Landscaping plans shall conform to all
applicable provisions of Chapter 232 as well as conform to the following requirements
a. A 3 footwide planter(inside dimension)along interior property lines shall be provided, except
at vehicular circulation openings. Additional landscaping may be required to screen service bays
from surrounding properties.
b. A 600 squarefoot planter with a minimum dimension of 20 feet shall be provided at the corner ,
of intersecting streets.
c. A total of 70 square feet of planting area shall be located adjacent to and on the street side of \,
the main building.
jmp/planning/legisdrft 230 13
6. Buildings shall conform to the setback regulations stated for the district in which the site is
located. Pump islands and canopy structures shall maintain the following minimum setbacks
from street side property lines:
Pump island: 20 feet
Canopy: 1.0 feet with ground clearance of 12 feet
1. Storage of Mate\ls and Equipment. The provisions of Section 230.74, Outdoor
Facilities, shall apply, except that a display rack for automobile products no more than 4
feet wide may be maintained at each pump island of a service station and a single tire
storage display no more than 8 feet high and 16 feet long may be located on the site of a
service station. If display'racks are not located on pump islands, they shall be placed
within 3 feet of the principal building, and shall be limited to 1 per street frontage.
Outside storage of motor vehicles for more than 24 hours (7 days if the vehicle is actively
being serviced) is prohibited, except as provided for truck and utility trailer rentals. The
location of display racks and vending machines shall be specified by the conditional use
permit.
F. Accessory Uses. The accessory uses listed below shall be permitted as included on the
approved site plan. Such uses shall be subordinate to the main operation and shall not impede
safe vehicular and pedestrian circulation or be detrimental to surrounding properties or potential
customers. Such uses shall be included as part of the�original conditional use permit request or
shall be subject to a new conditional use permit if proposed subsequent to the original
conditional use permit.
1. Convenience markets are permitted provided no automotiveN\repair or truck or trailer rental is
permitted on the same site.
2. Automatic washing, cleaning and waxing of vehicles. Such activity shall be of an integral
design with the main structure.
3. Truck and utility truck rental is permitted provided the trucks do not exge�ed 25 feet in length
and are stored a minimum of 50 feet from the street property lines.
230.34 Housing of Goods ��
All goods, wares, merchandise, produce, and other commodities which are stored.or'offered for
sale or exchange in the commercial and industrial districts shall be housed in permanent
buildings except as otherwise provided by this code.
230.36 Transportation Demand Management
A. Purpose and intent. It is the purpose and intent to implement the requirements of Government
Code Section 65089.3(a)(2), to mitigate the impacts that development projects may have on
transportation mobility, congestion and air quality, and to promote transportation demand `
management strategies. `
jmp/planning/legisdrft 230 14
B. Definitions. For purposes of this Section, the following definitions for the following terms
shall apply:
1. Alternative transportation mode: Any mode of travel that serves as an alternative to the single
occupant vehicle. This can include all forms of ridesharing, public transit, bicycling or walking.
2. Carpool: Two (2)to six (6)persons traveling together in a single vehicle.
3. Employ: Means any person employed by a firm, person(s), business, educational institution,
nonprofit agency or corporation, government agency, or other entity which employs 100 or more
persons at a single worksite. "Employee" shall include persons employed on a fulltime,parttime,
or temporary basis.
4. Employer: Means any person(s), firm, business, educational institution, government agency,
nonprofit agency or corporation, or other entity which employs or houses tenants that
collectively employ 100 or more employees at a worksite on a full and/or parttime/temporary
basis.
1. Building Size: Means the total gross floor area measured in square feet of a building or
group of buildings at a worksite. Includes the total floor area of both new development
and existing facilities.
6. MixedUse Development: Means new development projects that integrate any one of these land
uses with another: residential, office, commercial, industrial and business park.
7. Tenant: Means the lessee of facility space at a development project who may also serve as an
employer.
8. Transportation Demand Management (TDM): Means the implementation of programs, plans
or policies designed to encourage changes in individual travel behavior. TDM can include an
emphasis on alternative travel modes to the single occupant vehicle (SOV) such as carpools,
vanpools and transit; and reduction of VMT and the number of vehicle trips.
9. Vanpool: Means a vehicle occupied by seven (7) or more persons traveling together.
10. Worksite: Means a building or group of buildings which are under common ownership and
the place of employment, base of operation, or predominate location of an employee or group of
employees.
C. Applicability:
1. These provisions apply to commercial, industrial, institutional, or other uses which are
determined to employ 100 or more persons, as determined by the employee generation factors
specified under subsection 4. This includes any permit for existing facilities that already have
100 or more employees or will have 100 or more employees.
2. These provisions apply to all districts, planned communities and specific plan areas including
those covered by development agreements. These provisions shall supersede other ordinances
with which there is a conflict.
jmp/planningilegisdrft 230 15
3.Notwithstanding "1" above,the following uses and activities shall be specifically exempt from
the provisions\of this section:
a. Temporary construction activities on any affected project, including activities performed by
engineers, arcl%�ects, contract subcontractors and construction workers.
b. Other temporaryu a classifications or as authorized by the Planning Commission/Zoning
Administrator when such temporary activities are for a period not to exceed 30 days and held no
more than once a year.
4. Employee generation factors shall\ be based on one of the following:
a. Employment projections developed by the property owner, subject to approval by the Director;
b. Building sizes shall be considered equivalent to the 100 employee threshold as follows:
B\din Size ins square feet
. \ ( q )
Type of Use Equivalent to 100 Employees
Office/Professional 35,000
Hospital and Medical/Dental 40,000
Industrial (excluding Warehouses) 50,000
Commercial/Retail 50,000
Hotel 0.8 employees/hotel room
Motel 1.2
Resort Hotel 100,000
Mixed or multiple use
Warehouse 100,000
* The employment projection for a development of mixed or multiple uses shall be calculated on
a casebycase basis based upon the proportion of development devoted to each type of use. \
D. Site development standards: Development projects subject to this section shall comply with
the following site development standards:
1. Parking for Carpool Vehicles
jmp/plannmg/legisdrft 230 16
a. The following percentages of the total required parking spaces per Chapter 231 shall be
reserved and designated for employee carpool vehicles by making such spaces "Carpool Only":
Percent of Total Parking Devoted to
Type of Use Employee Carpool Parking
Office Professional 13% _
Hospital and Medical/,Dental Office 9%
- -
Industrial/Warehouse \ 14%
Commercial/Retail \ F%
Hotel Ispace for every 2 employees
b. Carpool spaces shall be located nearthe building's identified employee entrance(s) or at other
preferential locations within the employeee�parking areas as approved by the Director.
2. Shower and Locker Facilities
Shower and locker facilities shall be provided for use by employees or tenants who commute to
the site by bicycle or walking. The use of such facilities shall be provided at no cost to the user.
The design of such facilities shall be shown on the plot plans in the permit application and
conform to the following:
a. Lockers shall be provided at a minimum ratio of 1 for every``20 employees.
b. Separate shower facilities shall be provided at a minimum rate of 2 per 100 employees.
3. Bicycle Parking
a. Bicycle parking facilities shall be provided at the minimum rate of 1 bicycle parking space for
every 20 employees or fraction thereof, in a secure location, and in close proximity to employee
entrances, for use by employees or tenants who commute to the site by bicycle.
b. A bicycle parking facility shall be a stationary object to which the user can`k the bicycle
frame and both wheels with a userprovided six (6) foot cable and lock.
4. Commuter Information Areas
A commuter information area shall be provided to offer employees appropriate informatio on
alternative transportation modes. This area shall be centrally located and accessible to all
employees or tenants and shall be sufficient size to accommodate such information on alternative
transportation modes.
5. Passenger Loading Areas
jmp/planning/legisdrft 230 17
Unless determined unnecessary by the decisionmaker, per Title 24,passenger loading areas to
embark and disembark passengers from rideshare vehicles and public transportation shall be
provided as follows:
a. Passenger loading area shall be large enough to accommodate the number of waiting vehicles
equivalent t 1%of the required parking for the project.
b. The passen�ger loading areas shall be located as close as possible to the identified employee
entrance(s), and shall be designed in a manner that does not impede vehicular circulation in the
parking area or in adjoining streets.
6. Parking for Vanpool V@hicles
Unless determined unnecessary by the decisionmaker,per Title 24,parking for vanpool vehicles
shall be provided as follows:
a. The number of vanpool parking s•aces shall be at least 1%of the employee carpool parking
spaces and reserved for such by marking the spaces "Vanpool Only."
b. For parking structures,vanpool vehicle accessibility shall include minimum 7' 2" vertical
clearance.
c. Vanpool parking spaces shall be located near identified employee entrance(s) or other
preferential locations.
7. Bus Stops
Unless determined unnecessary by the decisionmaker,per Title 24,bus shelter,pullouts, and
pads shall be provided as necessary in consultation with affected transit service providers.
230.38 Game Centers
The following supplemental requirements shall apply to the operation of�game centers, including
mechanical or electronic games or any other similar machine or device, in order to control the
location and hours of operation of game centers so as not to allow school ch fdren to play the
games during school hours or to encourage minors to congregate in areas close to commercial
establishments that sell alcoholic beverages.
A. Conditional Use Permit Required. Applicants desiring a permit for the purpose of operating a
game center as a business in a C district must obtain a conditional use permit from the Zoning
Administrator. The permit is valid only for the number of games specified; the installation\or use
of additional games requires a new or amended permit.
B. Adult Manager. At least one adult manager shall be on the premises during the time a game
center is open to the public.
C. Hours of Operation for Minors under 18 Years of Age. No game center owners, manager or
employees shall allow a minor under 18 years of age to play a mechanical or electronic game
machine during the hours the public schools of the district in which the center is located are in
session, or after 9 p.m. on nights preceding school days, or after 10 p.m. on any night. It is the
jmp/plannmg/legisdrft 230 18
responsibility of the owner or manager of the game center to obtain a current schedule of school
days and hours.
D. Locational Criteria. A game center shall not be permitted within 2,500 feet of a school site,
300 feet of the oundary of a residential district, or within 500 feet of a liquor store, a nightclub,
cocktail lounge 6r bar. The distance shall be measured as walking distance from the game center
to the property liricNof the school site,-the district boundary, or-the property line of the liquor
store, nightclubs, cocktail lounge, or bar, as the case may be.
E. Restrictions.,The Zing Administrator may impose reasonable restrictions on the physical
design, location, and operation of a game center and require a special bicycle parking area in
order to minimize the effectsof noise, congregation,parking, and other nuisance factors that may
be detrimental to the public health, safety and welfare of the surrounding community.
230.40 Helicopter Takeoff and\Landingdi Areas
A. Permit Required. A conditional use permit may be issued for the construction and operation
of a heliport, helipad, or helistop if the Planning Commission finds that:
1. The helipad, heliport, or helistop conform\ the locational criteria and standards established
in Subsections (B) and (C) of this section, and the\equirements of the California Department of
Transportation, Division of Aeronautics;
2. The heliport, helipad, or helistop is compatible e surrounding environment; and
3. The proposed operation of.the helicopter facility does not ose a threat to public health, safety
or welfare.
The Commission may impose conditions of approval on the condi 'onal use permit to prevent
adverse impacts on surrounding properties. If such impacts can not b\\mitigateddto an acceptable
level, the conditional use permit application shall be denied.
B. Locational Criteria.
1. Minimum Separation. Minimum separation between heliports, helipads, and helistops shall be
1.5 miles, except for facilities specifically intended for emergency use, such as mee'd
evacuation or police functions, and temporary landing sites.
2. Protected Areas. No heliport,helipad, or helistop shall be located within 1,000 feet of"%an R
district or the site of a public or private school, except for heliports or helistops specificall
intended only for emergency or police use. Temporary landing sites within 1,000 feet of a p lic
or private school may be allowed with a temporary use permit subject to approval of the
California Department of Transportation.
C. Site Development Standards.
1. Approach and departure paths 65 feet wide shall be free of obstruction for a minimum distance
of 400 feet.
jmp/planning/legisdrft 230 19
2. Setbacks from property lines shall be as follows:
a. Takeoff and landing area 50 feet;
b. Helicopter maintenance facilities 25 feet;
c. Administ\tive or operations building 15 feet.
3. Any lighting\d for nighttime operations shall be directed away from adjacent properties and
public rightsofway.
4. A telephone shall be provided on or adjacent to the heliport, helipad or helistop.
5. Helipads or helistops intended for emergency use shall have a landing pad with a standard
landing area designated and the words "Emergency Only." The initial direction of the departure
routes shall be indicated on the t`' off and landing area.
F. Application Requirements. The following additional information shall be submitted with a
conditional use permit application: \
1. An area map, at a scale of 1" = 800' showing existing land use within a twomile radius of the
facility site and the proposed flight paths. \
2. A plot plan of the site and vicinity, including aINand within a 400foot radius of the takeoff
and landing area, that shows clearly the height of the\takeoff and landing area; the height of
existing, approved and proposed structures and trees w%thin 50 feet of the approach and takeoff
flight paths; and the maximum allowable building height\under existing zoning.
3. A description of the proposed operations, including the\e of use, names and descriptions of
helicopters expected to use the facility, and anticipated number and timing of daily flights.
1. A helicopter noise study including a map of the approach and departure flight paths at a
scale of 1" = 800' showing existing day/night average noise levels in decibels (LDN noise
contours), future day/night average noise levels with the proposed facility and anticipated
flight operations, and singleevent maximum sound levels associated with the types of
helicopters expected to use the facility.
230.42 Bed and Breakfast Inns
A. Permit Required. The Planning Commission may approve a conditional use permit for a bed
and breakfast inn in any C District and RMHA District after a duly noticed public\hearing upon
finding that:
1. The bed and breakfast inn will be operated by a property owner living on the premises-
2. The bed and breakfast inn conforms to the design and development standards of Subsection
(B) of this section and is compatible with adjacent buildings in terms of building materials,
colors and exterior finishes; and
3. Public and utility services, including emergency access, are adequate to serve the bed and
breakfast inn.
jmp/planning/legisdrR 230 20
B. Design and Development Standards.
1. Minimum Size and Maximum Number of Guest Rooms. The inn shall contain at least 2,000
square feet,but no more than six rooms shall be rented for lodging.
2. Parking. The requirements of Chapter 231 shall apply.
3. Signs. The requirements of Chapter 233 apply. In addition, in the RMHA district, no
identifying sign shall be displayed other than a sign no larger than 2 square feet identifying the
name of the establishment. The face of the sign may be indirectly illuminated by.an exterior light
source entirely shielded�from view,but no internal illumination from an interior light source
shall be permitted.
230.44 Recycling Operations
Collection containers shall be permitted for charitable organizations such as Goodwill. Recycling
containers shall be permitted as an accessory use to a permitted use. Recycling and collection
containers shall not be located within required parking or landscaped areas or obstruct pedestrian
paths. Recycling as an accessory use shall not exceed 500 square feet including any required
attendant parking space. A recycling operation as a primary use shall comply with the
development standards contained in Chapter 212:\\
230.46 Single Room Occupancy
Single room occupancy(SRO) shall comply with the following requirements:
A. General Provisions.
1. All projects shall comply with the most recently adopted CityoBuilding, Plumbing,
Mechanical, Electrical, Fire, and Housing Codes.
2. No more than one (1)person shall be permitted to reside in any umt;N•,hie is less than.
+•• hundred twenty(220` � feet et• e excluding the manager''� s unit.
-3-. :`:o more ha two (2) ors ., shall be .... hied to o�;ao � + „a rn��.o
�..v tc.J Yvaovus vra ,
manager's unit-.
34:A Management Plan shall be submitted for review and approval with the conditional use
permit application. The Management Plan shall contain management policies,
operations, emergency procedures, overnight guest policy, security program
including video cameras monitoring building access points at every floor, rental
procedures and proposed rates, maintenance plans, staffing,needs, and tenant mix,
selection and regulations. Income levels shall be verified by a third party
and submitted to the City of Huntington Beach as part of the annual
review.
4-5.An on-site, twenty-four(24)hour manager is required in every SRO project. In addition,
a manager's unit shall be provided which shall be designed as a complete residential unit,
and be a minimum of-22-9 300 square feet in size.
jmp/planning/legisdrft 230 21
56.Rental procedures shall allow for beth weekly monthly tenancies only; deposit
requirements shall be specified. for each type of temanA11
6-7 A 1 units within SRO projects shall be restricted to very low and low income individuals
as efined by the City's Housing Element,with the exception of the twenty-four(24)hour
man � er. Rental rates shall be calculated usin a maximum of 30% of
incom toward housing expenses based on Lounty of Orange income
figures.
78-Each SRO project shall be subject to annual review by the City, which includes the
review of management services. The management services plan shall define
third party verification criteria. The SRO project owner shall be responsible for
filing an annual report to the Planning and Economic Development
Departments of Gemmunity Development, which includes the range of monthly rents,
the monthly income oYresidents, occupancy rates, and the number of vehicles owned by
residents. \
8.9 The Planning Commission ors ity Council may revoke the conditional use permit if any
violation of conditions or any of the adopted Huntington Beach Codes occurs.
B. Unit Requirements.
1. Minimum unit size shall be 250 square feet except that up to 25 ercent of
the total number of units may be a minimum of 200 square feet.
2. Maximum unit size shall be three hundred (300)famed(400)square feet
excluding manager's unit.
Ang units within the pr-ejeet shall not eyeeed twe hundred fift
3-. The aver-age size of all li,
(239) square feet.
34.Each unit shall contain a kitchen and bathroom.
a. Kitchens shall contain a sink with garbage disposal, counter top (minimum 16" x
24"), refrigerator, and stove/oven unit and/or microwave ear;
b. If stoves/oven units are not provided in each unit, then st v/oven units shall be
provided in a common kitchen area(s).
c. Bathrooms shall contain a lavatory, toilet, and shower or bathtub.
d. Each unit shall have a minimum forty-eight(48) cubic feet of closet/sto age space.
C. Project Requirements.
1. Common recreational space shall be provided in each project as follows:
a. Minimum common recreational space shall be four hundred (400) square feet.
b. For projects exceeding thirty(30) units, in size, an additional 10 square feet of
recreational space per unit is required. es-€ellews:
Units less than 220 square feet � e feet/unit e 3-0
jmp/planning/legisdrft 230 22
Units that are 220 square feet or greater shall have a minimum of 15
square feet of recreational space per unit.
C. ommon recreational space may be indoor or outdoor provided there is at least forty
p cent (40%) allotted toward indoor space and forty percent (40%) outdoor space;
the balance may be either indoors or outdoors.
d. Common recreational space may be in separate areas provided each space is not less
than two hundred (200) square feet in size and has no less than a ten (10) foot
dimension.
2. A single controlled tryway for routine ingress and egress shall be situated adjacent to
and in full view of the anager's desk.
3. A secured office a ea shall be incorporated in the facilityfor the
storage of confidential resident records and security offce personnel.
43. Mailboxes shall be provided \be
unit located near the lobby in plain
view of the entry desk.
5.4: Handicap access facilities sharequired by applicable state or local law.
6.15. At least one handicapped-accessible unitlepp
shall be required for every twenty(20) units.
7.� Laundryfacilities shall be provided in a ate room in a location near the common
p
indoor recreational space. Washers and dryer\ithatoleast
erated.
8.� A cleaning supply storeroom and/or utility cloone (1) laundry tub
with hot and cold water shall be provided on
9.8: Storage Lockers
a. Storage lockers shall be provided in a sec
b. The cumulative total of locker space shall be no less than asratio often (10) cubic
feet per unit.
10.3: All common indoor space areas shall have posted in a conspicuous ocation a notice
from the City's Planning Department of Communit- Deyelep� .1.regarding
contact procedures to investigate housing code violations.
114-0. Bicycle stalls shall be provided at a minimum of one (1) stall per ten N04*0:�_five (5)
units in a secured, enclosed and covered area. \
1244. Trash disposal chutes as well as a centralized trash area shall be provided on all
multi-story projects.
13.E A minimum of two (2)pay telephones shall be provided in the lobby area. The
telephone service shall only allow outgoing calls.
14. Phone jack(s) shall be provided in each unit.
jmp/planning/legisdrft 230 23
15. A shipping and receiving/maintenance garage shall be provided near
a convenient vehicular access on the ground floor.
230.48 Equestrian Centers
A. Permit�Required. Equestrian centers shall be permitted in the OS-PR and PS districts, subject
to the approval of a conditional use permit by the Planning Commission. Where all offsite
improvements a\e not provided, initial approval shall be for a maximum period of five years
subject to annual\review. One year extensions of time may be granted after public hearing by the
Planning Commission. On requests to allow a facility on a permanent basis, the Planning
Commission shall determine required improvements based on the existing and proposed land
uses and the existing offsite improvements within the area.
B. Design and DevelopmenfNStandards.
1. Minimum Parcel Size/From e. The minimum lot size and lot frontage shall be:
Area Frontage
Temporary facilities: 2 acres 100 feet
Permanent facilities:-5 acres ` 100 feet
2. Density/Riding Areas. Maximum density for horse facilities shall be determined by the
following criteria:
(a)Maximum density shall be twenty-five (25)horses per+acre.
(b)Minimum riding area shall be five thousand(5,000) square6eet per fifteen (15) horses. For
facilities with over one hundred (100) horses, two separate arenas,,,shall be provided. In the
alternative, offsite riding area shall be provided adjacent to the facility at the-rate of one acre per
fifteen (15)horses.
(c) Exercise rings shall have no dimension less than thirty(30) feet.
(d) The minimum arena size shall be ten thousand (10,000) square feet with no dimension less
than eighty(80) feet.
3. Maximum Building Height. Maximum building height shall be thirty(30) feet.
4. Required Setbacks.
Front: 50 feet
(30 feet for caretaker's residence)
Interior side: 25 feet
jmp/planning/legisdrft 230 24
Exterior side: 50 feet
Rear; 25 feet
Minimuri'i distance to any 300 feet
residential%neor use:
5. Corral De "Corrals designed for one horse shall comply with the following requirements.
Corrals designed f r more than one horse shall provide a minimum area per horse as indicated
below. All corrals,%cks and stalls shall be of compatible design, materials to be approved by the
fire department.
(a) Corral size: 288 square f et
Minimum dimension: 12 feet
Shelter size: 96 square feet
Minimum dimension: 8 feet
(b) Each corral shall have an approved water system with automatic drinking controls provided.
(c)Box stalls may be provided in lieu of horse corrals. Such stalls shall be a minimum of 144
square feet with no dimension less than twelve (12)�fpet.
6. Wash rack. One wash rack per thirty-five(35)horsessoor�fraction thereof shall be provided
subject to the following requirements. Wash racks designemor more than one horse shall
provide a minimum area per thirty-five(35) horses as indicated below:
(a) Individual wash racks shall be 6 feet by 8 feet.
(b)Each wash rack shall have an approved watering system and be co , ected to a sewer facility
with a back-siphon device at the water source. `
(c)A concrete slab floor shall be provided.
C. Insect and Rodent Control.
1. Feed mangers or boxes shall not be placed near water sources.
2. Nonleak valves shall be provided for all troughs, bowls, cups and other water sources.
3. Automatic valves or sanitary drains shall be provided for large troughs or cups.
4. Grading in paddocks and corrals shall be properly integrated into a master drainage plan to
prevent ponding of water. Shelters shall be sloped away from the center of the corrals, or rain
gutters shall be installed to the exterior of the corral.
jmp/planning/legisdrft 230 25
5. Method of disposal of solid wastes shall be approved by Planning Commission. Trash disposal
areas and dumpsters shall be designated and conveniently located with an all-weather road
access provided.
6. All ddrrygrains shall be stored in rodent-proof metal containers and hay storage shall be
covered. Bulk or commercial amounts of grain or hay shall be located a minimum of fifty(50)
feet away from any horse enclosure.
D. Miscellane\Operating Requirements.
1. The ground surf c\?f horse enclosures shall be graded above their surroundings. A grading
plan shall be submitted prior to issuance of a conditional use permit.
2. Storage and tack areas shallb designated on the site plan.
3. Continuous dust control of the\ntire premises shall be maintained subject to the regulations
contained in Huntington Beach Municipal Code Chapter 8.24. The method for water sprinkling
arenas and exercise pens shall be indicated on the site plan.
4. A permanent single family residence shall be provided on the site with a watchman on duty
twenty-four(24)hours a day. Two fully enclosed parking spaces shall be provided. Where a
mobilehome is used to satisfy this requirement,one carport space and one open space shall be
permitted.
5. A back-siphoning device shall be installed to protect the public water supply. An approved
pressure vacuum breaker is recommended on the waterline serving the corrals. The vacuum
breaker shall be at least twelve (12) inches above the highest point of water usage or an approved
double-check valve may be used.
6. Security lighting shall be confined to the site and all utilities shall be installed underground.
7. A log containing the name of every horse, its location in the fac l ty, the owner's name and
address, and the names and addresses of persons to be notified in case\of emergency shall be
maintained in the watchman's quarters for ready reference.
8. All fire protection appliances, appurtenances, emergency access, and\anyother applicable
requirements,pursuant to Huntington Beach Municipal Code Chapter 17.56,shall meet the
specifications of the fire department.
9. The entire site, exclusive of riding areas, shall be fenced in such a manner as to confine horses
within the site in order to protect the perimeter landscaping from damage. Individualcorrals shall
be enclosed by a minimum five (5) foot high fence.
E. Off-street Parking and Landscaping.
1. Parking and circulation design shall comply with the standards outlined in Chapter\I. Iiiaddition, the perimeter of the parking area shall be delineated by pilasters or wooden h
chain, cable, or heavy rope connectors. The parking lot shall be surfaced in accord with the
specifications of the Department of Public Works.
jmp/planning/legisdrR 230 26
2. Landscaping, as set out in Chapter 232, shall be provided except that the minimum landscaped
area required shall be a ten(10) foot wide (inside dimension)planter along all property lines.
230.50XInorSwap Meets/Flea Markets
Indoor swap me i�s/flea markets shall comply with the following requirements:
A. Conditional Use Permit Required. Indoor swapmeets/flea market uses may be permitted as
Y
temporary uses only upT approval of conditional use permit by the Planning Commission for a
period of time not to exceed ten(10) years. One year extension of time may be granted after
public hearing by the Planning Commission.
B. Location Considerations: The planning Commission shall consider the following issues when
evaluating a proposed conditional use permit:
1. The site's proximity to residences\hools,hospitals and other noise sensitive uses.
2. The potential adverse impacts on traffic�circulation and pedestrian safety.
3. The site's proximity to other indoor swap meet /flea markets to avoid over concentration of
facilities.
4. The site's proximity to businesses processing hazardous materials.
C. Location Criteria.
1. Indoor swap meet/flea market uses shall only be allowed on\roperty located adjacent to
arterial streets.
D. Minimum Building Size.
1. Minimum building gross floor area shall be one hundred thousand(100,000) square feet.
E. Miscellaneous Requirements.
1. Ancillary Uses. Ancillary uses may be permitted as included on the approved site plan. Such
uses shall be included as part of the initial conditional use permit requirements or shall be subject
to new entitlement if proposed after the initial application has been filed.
2. Signs. Individual vendors shall not be permitted any outdoor signs, including temporary. Signs
shall comply with the standards outlined in Chapter 233.
3. Parking. Parking shall comply with the standards outlined in Chapter 231.
230.52 (Reserved)
230.54 (Reserved)
230.56 (Reserved)
230.58 (Reserved)
230.60 (Reserved)
jmp/planning/legisdrR 230 27
All Districts
230.62 Building Site Required
No buildi gr structure shall be erected or moved onto any parcel of land in the city except on a
lot certified incompliance with the Subdivision Map Act and local subdivision and zoning
provisions at time of creation or on a parcel created as a result of a public taking. No building or
structure shall be altered or enlarged to increase the gross floor area by more than 50 percent
within any one-yearn period except on a legal building site.
230.64 Development on Substandard Lots
Development on substand ra d�lots shall be subject to approval of a conditional use permit by the
Zoning Administrator. A legally,created lot having a width or area less than required for the base
district in which it is located may be\occupied by a permitted or conditional use if it meets the
following requirements or exceptions:
A. The lot must have been in single ownership separate from any abutting lot on the effective
date of the ordinance that made it substandard. Two or more contiguous lots held by the same
owner shall be considered as merged if one of the lots does not conform to the minimum lot size
or width for the base district in which it is located.
B. A substandard lot shall be subject to the same ya d and density requirements as a standard lot,
provided that in an R district, one dwelling unit may be,located on a substandard lot that meets
the requirements of this section.
C. An existing legal lot comprising a minimum size of 5,OWsquare feet or greater and a
minimum width of 50 feet or greater shall not be considered substandard for purposes of this
section.
230.66 Development on Lots Divided by District Boundaries
The standards applicable to each district shall be applied to the area within that district. No use
shall be located in a district in which it is not a permitted or conditional u e.,Pedestrian or
vehicular access from a street to a use shall not traverse a portion of the site in a district in which
the use is not a permitted or conditional use.
230.68 Building Projections Into Yards and Courts
Projections into required yards and courts shall be permitted as follows:
ALLOWABLE PROJECTIONS IN FEETa
Front 1 Side Street Side Rear
Yard I Yard F Yard Yard
jmp/planning/legisdrft 230 28 `
F
Fireplace or chimney 2.5 2.5b 2.5 2.5
-----p�----- -- -- ----__�...�.-F --_ram
Cornice, eaves and ornamental features 3 2.Sb I 3 ( 3
Mechanical equipn�,ent 2 2b F2b 2
or terraces, latfo Uncovered porches,to �p rms,
subterranean garages, decks, and patios not more ( 6 3 4 5
than 3 feet in height serving only the first floor
,Stairs, canopies, awnings and uncovered porches 4
more than 3 feet in height \ 4 2b 4 4b
Bay windows 2.5 2.5b 2.5 1 2.5
!Balconies ( 2b F 3 1 3
Covered patios 0 �0 5c �5
Notes: allo individual projection shall exceed 1/3 of the building length, and the total of all
projections shall not exceed 2/3 of the building length on which they are located.
bA 30-inch clearance from the property line shall be maintained.
cNo projection shall extend more than 1/2 the width of the street side yard.
230.70 Measurement of Height
This section establishes standards for determining compliance with the maximum buildi\gheight
limits prescribed for each zoning district or as modified by an overlay district.
A. Datum (100) shall be set at the highest point of the curb along the front property line. If no
curb exists, datum shall be set at the highest centerline of the street along the front property line.
B. The differential between top of subfloor and datum shall be a maximum of two (2) feet as
determined by Public Works. In the event that any subfloor, stemwall or footing is proposed
jmp/planning/legisdrft 230 29
greater than two (2) feet above datum, the height in excess shall be deducted from the maximum
allowable ridgeline height.
1. Lots with a grade differential of three (3) feet or greater between the high point and the
low\point, determined before rough grading, shall be subject to conditional use permit
approval by the Zoning Administrator. Conditional use permit approval shall be based
upon a\building and grading plan which terraces the building with the grade and which is
1.
compatible with adjacent development.
230.72 Exceptions\Height Limits
Chimneys; vent pipes;\ling towers; flagpoles; towers; spires; domes; cupolas; parapet walls
not more than 4 feet high; water tanks; fire towers; transmission antennae; radio and television
antennas (except satellite dish antennae); and similar structures and necessary mechanical
appurtenances (except wind-drivdn generators) may exceed the maximum permitted height in the
district in which the site is located by no more than 10 feet. The Zoning Administrator may
approve greater height with a conditi hl use permit. Within the coastal zone exceptions to
height limits may be granted only when public visual resources are preserved and enhanced
where feasible.(3334)
230.74 Outdoor Facilities
A. Permit Required. Outdoor storage and display of"Terchandise,materials, or equipment,
including display of merchandise, materials, and equipknent for customer pickup, shall be subject
to approval of a conditional use permit by the Zoning MITinistrator in the CG, IL, IG, CV and
SP districts. Sidewalk cafes and outdoor food service accessory to an Eating and Drinking
Establishment shall be permitted subject to approval of a conditional use permit by the Zoning
Administrator in the CO, CG, CV, OS and SP districts, but no%utdoor preparation of food or
beverages shall be permitted.
B. Permit Conditions: Grounds for Denial. The Zoning Administrator\\may require yards,
screening, or planting areas necessary to prevent adverse impacts on sU ounding properties. If
such impacts cannot be prevented, the Zoning Administrator shall deny t\econditional use
permit application.
C. Exceptions. Notwithstanding the provisions of subsections (A) and (Be, outdoor storage
and display shall be permitted in conjunction with the following use classificatio s in districts
where they are permitted or conditionally permitted:
1. Nurseries, provided outdoor storage and display is limited to plants, new garden equ• ment
and containers only; and
2. Vehicle/Equipment Sales and Rentals,provided outdoor storage and display shall be limi-ed to
vehicles, boats, or equipment offered for sale or rent only.
D. Screening. Outdoor storage and display areas for rental equipment and building and
landscaping materials shall be screened from view of streets by a solid fence or wall. The height
of merchandise, materials, and equipment stored or displayed shall not exceed the height of the
screening fence or wall.
jmp/planning/legisdrli 230 30
230.76 Screening of Mechanical Equipment
1. General Requirement. Except as provided in subsection (B)below, all exterior
echanical equipment, except solar collectors and operating mechanical equipment in an
I 'strict located more than 100 feet from another zoning district boundary, shall be
scre ed from view on all sides. Equipment to be screened includes, but is not limited to,
heatiZ air conditioning, refrigeration equipment, plumbing lines, ductwork, and
trans forme\
Screening of the top of equipment may be required by the Director, if necessary to protect views
from an R or OS district. Rooftop mechanical equipment shall be setback 15 feet from the
exterior edges of the buil'di\
B. Utility Meters and Backflow Prevention Devices. Utility meters shall be screened from view
from public right-of-way. Electrical transformers in a required front or street side yard shall be
enclosed in subsurface vaults. Backflow prevention devices shall not be located in the front yard
setback and shall be screened from view.
C. Screening Specifications. A mechanics;equipment plan shall be submitted to the Director to
ensure that the mechanical equipment is not visible from a street or adjoining lot.
230.78 Refuse Storage Areas
A. Refuse storage area screened on three sides by foot masonry wall and equipped with a
gate, or located within a building, shall be provided prior to occupancy for all multi-family
residential, commercial, industrial, and public/semipublicN 1�es. Locations, horizontal
dimensions, and general design parameter of refuse storage areas shall be as prescribed by the
Director, subject to appeal to the Planning Commission. The trash area shall not face a street or
be located in a required setback. The design and materials used i such trash enclosures shall
harmonize with the main structure.
230.80 Antennae
A. Purpose. The following provisions are established to regulate installation of antennae to
protect the health, safety, and welfare of persons living and working in the Ci and to preserve
the aesthetic value and scenic quality of the City without imposing unreasonabl imitations on,
prevent the reception of signals, or imposing excessive costs on the users of the t
n ennae.
B. Permit Required. Approval by the Director shall be required for the installation of a satellite
antenna to ensure compliance with the locational criteria. Construction shall be subject the
provisions of the Uniform Building Code and National Electrical Code, as adopted by the\\ ity.
Within the coastal zone, approval of a coastal development permit shall be required for
installation of any antenna that meets the definition of development in Section 245.04 unless it is
exempt pursuant to Section 245.08.(3334)
C. Locational Criteria: Satellite Antennae. A satellite antenna may be installed on a lot in any
zoning district if it complies with the following criteria:
jmp/planning/legisdrft 230 31
1.Number: Only one satellite antenna may be permitted on a residential lot.
2. Setbacks: Interior side and rear property lines, 10 feet, except that no setback shall be required
in interior side and rear setback areas if the antenna does not exceed 6 feet in height. No antenna
shall be located in a required front yard. When roof-mounted, the antenna shall be located on the
rear one-half of the roof.
3. Maxi um Height: The maximum height of a satellite antenna shall not exceed 10 feet if
installed A,�he ground or the maximum building height for the district in which the antenna is
located, if rob -mounted.
4. Maximum Dim nsion: The maximum diameter shall not exceed 10 feet in all districts with the
exception that the diameter may be increased in nonresidential districts if a conditional use
permit is approved by�-hZoning Administrator.
5. Screening: The structuraltse of a satellite antenna, including all bracing and appurtenances,
but excluding the dish itself, shall be screened from public view and adjoining properties by
walls, fences, buildings, landsca•e, or combinations thereof not less than 7 feet high so that the
base and support structure are not visible from beyond the boundaries of the site at a height-of-
eye 6 feet or below. \
6. Undergroundins;: All wires and/or cables necessary for operation of the antenna or reception
of the signal shall be placed underground, except for wires or cables attached flush with the
surface of a building or the structure of the antenna.
7. Surface Materials and Finishes:No advertising or text or highly reflective surfaces shall be
permitted.
8. Exception: Requests for installation of satellite antennae on sites that are incapable of
receiving signals when installed pursuant to the locational c 'teria may be permitted subject to
conditional use permit approval by the Zoning Administrator.he applicant shall submit
documentation that installation at a height greater than permitted, or in another yard area, is
necessary for the reception of usable satellite signals. Applications shall be approved upon
finding that the aesthetic value and scenic quality of the City is preseTd,pedestrian or vehicular
traffic vision is not obstructed, and upon the findings contained in Chapter 241.
230.82 Performance Standards For All Uses
A. Applicability and Compliance. The development standards set forth in this section apply to
every use classification in every zoning district unless otherwise specifically provided. The
Director may require evidence of ability to comply with development standards before issuing an
entitlement.
B. Air Contaminants. Every use must comply with rules, regulations and standards of the South
Coast Air Quality Management District (SCAQMD). An applicant for a zoning permit or a use,
activity, or process requiring SCAQMD approval of a permit to construct must file a copy of the
SCAQMD permit with the Director. An applicant for a use, activity, or process that requires
jmp/planning/IcgisdrR 230 32
SCAQMD approval of a permit to operate must file a copy of such permit with the Director
within 30 days of its approval.
C. Storage On Vacant Lot. A person may not store, park,place, or allow to remain in any part of
a vacant lot any unsightly object. This does not apply to building materials or equipment for use
on the site during the time a valid building permit is in effect for construction on the premises.
230.84 Dedication and Improvements
1. Dedication Required. Prior to issuance of a building permit, or prior to the use of land for
any purpose, all real property shall be dedicated or irrevocably offered for dedication
which the City requires for streets, alleys, including access rights and abutters' rights,-
drainage, public utility easements, and other public easements. In addition, all streets and
alleys shall be improved, or an agreement entered into for such improvements including
access rights and abutters' rights, drainage, public utility easements, and other easements.
B. Exceptions. Dedication shall not be required prior to issuance of a building permit for:
1. Interior building alterations which do not exceed a third of the value of a building, as defined
in the Uniform Building Code, and which effect no change of occupancy.
2. Exterior building alterations or additions for a residential use which do not exceed a third of
the value of the building, as defined in the Uniform Building Code, and add no additional
residential units.
3. Fences and walls.
4. Temporary uses, as specified in this code.
5. Horticultural Uses. The dedication herein required may be reviewed at the time of entitlement.
Upon request by the applicant, a temporary postponement, not to exceed one (1)year,may be
granted upon consideration of the following criteria:
a. Type of horticultural use proposed.
b. Duration (temporary or permanent).
c. Vehicular access and effect of the proposed use on traffic in the vicinity of the site.
d. Relationship between the proposed requirements and an anticipated expanded use.
e. Dedication shall not be required for any purpose not reasonably related to such horticultural
use.
C. Dedication Determinants. Right-of-Way dedication width shall be determined by either of the
following:
1. Department of Public Works standard plans; or
2. A precise plan of street, highway or alley alignment.
jmp/planning/legisdrft 230 33
D. Improvements.
1. No building permit shall be issued by the Building Division until an application for permit has
been filed, street improvements plans and specifications have been submitted for plan check, and
all fees, established by resolution of the City Council,have been paid. The Building Division
shall issue such building permit after determining that the work described in the application and
the accompanying plans conforms to requirements of the Huntington Beach Building Code and
other pertinent)\Ws
and ordinances.
2. The Building Division shall make a frame inspection, as required by the Huntington Beach
Building Code, at wb oh time all offsite improvements, including curbs, gutters, and street
paving, shall be comple\d.
3. Improvements required\16this code may be deferred in the following instances and upon
adherence to the following requirements and regulations:
a. the e f h abuttingright-of-way has not been established prior to the time when
Where grad o the g
onsite structures qualify for final release for occupancy.
b. Where a drainage system would be de\yed by the installation of improvements.
c. Where an agreement is entered into with t\City to install improvements by a date certain,
said agreement shall be secured by a bond or deposit equal to 150 percent of the City's estimate
(including inflation estimates) of the required improvements. Such bond or cash shall be
deposited with the City Treasurer.
d. Where the developer has agreed with the City in writing that the deposit required by
subsection (3) of this section may be used by the City after an agreed upon time to complete the
required improvements, the remainder of such deposit, if an\h�allbe returned to the developer
upon completion of such improvements by the City.
e. The Director of Public Works is authorized to receive applications from persons desiring
waivers of street improvement requirements and to enter into the necessary written agreements
with such applicants. A nonrefundable fee set by resolution of the City Council shall accompany
such application.
4. Where construction is limited to one lot and the erection of a detached\sing-e family dwelling
thereon, street improvements shall include curb,gutter, sidewalk, street trees, street lights, sewer
and water main extensions, and ten (10) feet of street paving to meet Department of Public
Works standards. Where necessary, temporary paving shall be installed to join existing street
improvements.
230.86 Seasonal Sales
A temporary sales facility for the sale of seasonal products including Christmas trees,Halloween
pumpkins, or a single, season agricultural product not grown on site are permitted adjacent to
any arterial highway in any district and on all church or school sites as a temporary use approved
by the Director and in compliance with the following:
jmp/planning/legisdrR 230 34
A. Time Limit.
1. A Christmas tree sales facility shall not be open for business during any calendar year prior to
Thanksgiving.
2. A Hallowee pumpkin sales facility shall not be open for business during any calendar year
prior to October
3. A single agricult al product sales facility shall be approved for a period of time not to exceed
90 days.
B. Merchandise to be Sold. A permitted Christmas tree or Halloween pumpkin sales facility may
not sell items not directly AVciated with that season. Only one single, season agricultural
product may be sold at any one time.
C. Site Standards.
1. Storage and display of products shall be setback not less than ten(10) feet from edge of street
pavement, and shall not encroach into the public right-of-way.
2. A minimum of ten(10) off-street parkin spaces shall be provided.
3. Ingress and egress to the site shall be review d by the Department of Public Works to insure
that no undue traffic safety hazard will be created.
4. Temporary structures shall comply with Building .vision standards.
5. Electrical permit shall be obtained if the facility is to b\as
rgized.
6. The facilityshall comply with fire prevention standard \apprval
and enforced b the Fire
pY p Y
Chief.
D. Bond Required. Prior to issuance of a business license and by the Director, a five
hundred dollar($500) cash bond shall be posted with the Citya removal of any structure,
cleanup of the site upon termination of the temporary use, and to guarahtee maintenance of the
property. A bond shall not be required for a seasonal sales facility operated in conjunction with a
use on the same site.
E. Removal of facility. The seasonal sales facility shall be removed and the pre ises cleared of
all debris and restored to the condition prior to the establishment within ten calehdar days of
Halloween, Christmas, or the expiration of the time limit for single season agriculLral product.
230.88 Fencing and Yards
No portion of a required yard area provided for a structure on a lot shall be considered as part of
the yard area for any other structure on the same or an adjacent lot. In all districts, minimum
setback lines shall be measured from the ultimate right-of-way line. Diagrams A, B and C are
hereby adopted to illustrate the provisions of this chapter. Where any discrepancy occurs
between the diagrams and the printed text, the text shall prevail. Yards and fencing shall comply
with the following criteria in all districts or as specified.
jmp/planning/legisdrft 230 35
A. Permitted Fences and Walls.
1. Fences or walls a maximum of forty-two (42) inches in height may be located in any portion
of a lot, except screen walls on lots in the RMH-A subdistrict shall be set back a minimum of
three (3) feet from the front property line. Fences or walls exceeding forty-two (42) inches in
height may not be to ted in the required front yard, except as permitted elsewhere in this
Section. (3334-6/97,3410-3 9)
2. Fences or walls a maxi um of six (6) feet in height may be located in required side and rear
yards, except as excluded in t is Section. Fences or walls exceeding six (6) feet in height may be
located in conformance with the yard requirements applicable to the main structure except as
provided for herein or in the regular ns of the district in which they are located.
3. Fences or walls in the rear yard setback area of a through-lot shall not exceed forty-two (42)
inches in height. This subsection shall not apply to lots abutting arterial highways.
4. In the RL district, garden or wing walls o fences equal in height to the first floor double plate,
but not exceeding nine (9) feet, which are perpendicular to and entirely within a side yard may be
constructed to the interior side property line and to within five (5) feet of the exterior side
property line provided they are equipped with a th ee (3) foot gate or accessway.
5. When residential property abuts open or public land or property zoned or used for office,
commercial, or industrial purposes, an eight (8) foot high solid masonry or block wall may be
constructed on the common side or rear property line.
6. In order to allow variations in the street scene in R district , fences or walls exceeding forty-
two (42) inches in height may be permitted at a reduced front setback of six (6) feet subject to
plan review approval by the Director in conformance with the fol'1\ing criteria:
a. The reduced setback shall be only permitted for five (5) or more contiguous lots under the
same ownership and only at the time of initial construction of the dwel'lings.
b. Such walls shall not encroach into the visibility triangular area formed by measuring seven
and one-half(7.5) feet along the driveway and ten (10) feet along the front property line at their
point of intersection.
c. Such walls shall conform to all other applicable provisions of this section.
7. Retaining walls shall comply with the following:
a. Where a retaining wall is located on the property line separating lots or par\andects a
cut below the natural grade, such retaining wall may be topped by a fence, wall or hedge ohhe
same height that would otherwise be permitted at the location if no retaining wall existed.
b. Where a retaining wall is on the property line of a rear yard abutting an arterial or exterior\side
yard and contains a fill of two (2) ft. or less or protects a cut below the existing grade, such
retaining wall may be topped with a six (6) ft. decorative masonry wall. `
c. Where a retaining wall is on the property line of a rear yard abutting a local street, the
maximum retaining wall height shall be twenty-four(24) inches as measured from the adjacent
jmp/planning/legisdrft 230 36
curb and may be topped with a maximum eighteen (18) inch decorative wall or fence for a total
height of forty-two (42) inches.
d.(1)The maximum height of a retaining wall on the front property line shall be thirty-six(36)inches as measured
from the top of the highest adjacent curb. Subject to the Director's approval,a maximum forty-two(42)inch high
wall or fence may b erected above the retaining wall with a minimum three(3)foot setback from the front property
line. (3334-6/97,3410-3/ 9)
(2)In the RMH-A subdistrict,the maximum height of a retaining wall on the front property line shall be eighteen
(18)inches as measured from the top of the highest adjacent curb.Subject to the Director's approval,a second
retaining wall up to eighteen�l\8)inches in height-may be erected above the eighteen(18)inch high retaining wall
with a minimum three(3)foot frost setback.A wall or fence up to forty-two(42)inches in height may be erected on
top of the retaining wall with the rmmmum three foot front setback.(See Exhibit below.)(3410-3/99)
Missing drawing.
*See Maximum building height in Chapter 210. (3410-3/99)
ini 11\be waterproofed to the satisfaction f th e. All retaining walls abutting a street shall wa\erp oofed a sat ct ono a Director.
f. Retaining wall and fence combinations over e>ght\8) feet in height shall be constructed with a
variation in design or materials to show the distinction. Retaining wall and fence combinations
over six (6) feet in height shall be designed without dec\rative block or cap block, except if
equal in strength to the main portion of the fence.
8. The height of any fence, wall or hedge located in the front yard setback shall be measured
from top of the highest adjacent curb. All other fence heights s\hall be measured from existing
grade.
9. Any fence or wall located on the front property line shall be appro ed by the Department of
Public Works.
10. In the industrial districts, nine(9) foot high fences may be permitted in the side and rear
setbacks up to the front building line subject to plan review approval by the Director.
11. Deviations from the maximum height requirements for walls as prescribed 6 ,�th�is Section
may be permitted subject to an approval of conditional use permit by the Zoning Administrator.
12. Within the coastal zone, no gate, fence or wall shall be permitted that restricts or structs
public access to the shore.(3334)
B. Required Walls.
1. When office, commercial or industrial uses abut property zoned or used for residential,
six (6) foot high solid six (6) inch concrete block or masonry wall shall be required. If a
wall meeting these standards already exists on the abutting residential property,
protection from vehicle damage shall be provided by a method approved by the Director.
The maximum fence height shall be eight (8) feet at the common property line, subject to
jmp/planning/legisdrft 230 37
the same design standards and setback requirements as specified for six (6) foot high
fences.
2. Industrial screening walls abutting arterial highways shall be architecturally compatible with
surrounding properties, constructed of a minimum six (6) inch wide decorative masonry block,
and designed ith landscape pockets at thirty-five (35) foot intervals along the street side
sufficient in si a to accommodate at least one (1) 15-gallon tree. Approval of a conditional use
permit by the A ing Administrator shall be required prior to construction of such walls.
C. Visibility.
1. On reverse corner to and corner lots abutting an alley, no fence, wall or hedge greater than
forty-two (42) inches in height may be located within the triangular area formed by measuring
ten (10) feet from the intersection of the rear and street side property lines.
2. On corner lots, no fence, wall, landscaping, berming, sign, or other visual obstruction between
forty-two (42) inches and seven feet in height as measured from the adjacent curb elevation
may be located within the triangulars,area formed by measuring twenty-five(25) feet from the
intersection of the front and street side property lines or their prolongation. Trees trimmed free of
branches and foliage so as to maintainss�ual clearance below seven (7) feet shall be permitted.
3. Visibilityof a driveway crossing a street`or alley property line or of intersecting driveways
Y g � YP p Y g Y
shall not be blocked between a height of forty-two (42) inches and seven (7) feet within a
triangular area formed by measuring ten (10) feet from intersecting driveways or street/alley and
driveway.
DIAG A
Missing drawing
STREET/ALLEY
DIAGRAM B
Missing drawing
230.90 Contractor's Storage Yards/Mulching Operation
Contractor's storage yards in conjunction with public facility improvement contracts, and
mulching operations on unimproved public or private property may be pe itted subject to the
following:
A. Initial approval shall be for a maximum of two (2) years. The use shall be el%.ible for a
maximum of three one year extensions by the Planning Commission.
B. The development shall comply with parking, access and setback requirements co .tained in
Chapter 231.
imp/plammng/legisdrR 230 38 `
230.92 Landfill Disposal Sites
Excavation of landfills or land disposal sites shall be subject to the requirements of this section.
These provisi ns are not intended to apply to grading and surcharging operations, permitted
under Appendi are
70 of the Uniform Building Code. Permits for grading on previously
approved develo ent projects shall be subject to approval of the Director.
A. Land Dis osal Si /Definitions. The following words and phrases shall be construed as
defined herein unless a different meaning is apparent from the context:
1. Excavation. Any activit Esiteere
r movement of material which exposes waste to the
atmosphere.
2. Land disposal site. Any land disposal of Group I, H or III waste, as defined by the
California Administrative Code, has been deposited either legally or illegally on or into the land,
including but not limited to landfill,surface impoundment, waste piles, land spreading, dumps,
and coburial with municipal refuse.
B. Operations Plan.
1. No person shall conduct any excavation acti icy at any land disposal site in the City of
Huntington Beach without first submitting to the ity an operations plan approved by the
Director. Such plan shall include complete informa on regarding the identity, quantity and
characteristics of the material being excavated, inclu�i g 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 of result from such activity.
2. Mitigation measures contained in the operations plan may i clude gas collection and disposal
of waste, encapsulation, covering waste, chemical neutralization, or any other measures deemed
necessary by the City.
3. Ambient air quality monitoring, as well as other monitoring or testin, deemed reasonably
necessary, shall be included in the operations plan.
C. Approval of Operations Plan.
1. The City shall not approve an operations plan unless such plan includes prov> ions for the
immediate cessation of excavation activity when the operator, or any agent there%of a land
disposal site has been notified by the City that a nuisance, health, or safety hazard h'\siteby
to occur as a result of such activity therein.
1. Upon determination by any government agency that a nuisance, safety, or hea
exists on any land disposal site in the City, mitigation measures, contained in
operations plan, shall be implemented immediately.
D. Hazardous Waste Sites. For any land disposal site determined to be a hazardous wthe State Department of Health Services and/or the City of Huntington Beach, the fol
additional measures shall be taken prior to excavation of such site:
jmp/planning/legisdrft 230 39
1. All property owners within a half mile radius of the site shall receive written notice of all
public hearings to be held regarding proposed excavation on the site. The cost of preparing and
mailing such notice shall be paid by the operator/applicant.
2. A type of bond, acceptable to the City Attorney, shall be posted by the operator/applicant
insuring that\n�cessary funds are available to restore the site to a safe condition if excavation is
prematurely to inated.
3. Excavation of th site shall be performed in accordance with the requirements of the State
Department of Healt Services, and any other public agency with jurisdiction over hazardous
waste sites.
E. Operations Plan Contents. The operations plan shall contain the following:
1. A plan establishing lines of authority and responsibility between public agencies and the
operator/applicant, or his agents, during excavation. The plan shall contain specific procedures to
be followed by all responsible parties involved with the excavation.
2. A plan containing specific measures to monitor air quality to be implemented during
excavation to prevent the exposure of onsrte 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 residdeents in the vicinity of the site.
3. A plan showing specific routes for vehicles transporting hazardous wastes from the site.
p g p p g
4. A plan containing specific steps for restoration of\\siteto a safe condition if excavation is
terminated prematurely.
F. Exemptions. The following activities shall be exempt from the requirements of this section
unless otherwise determined by the Director: \
1. The drilling of holes up to twenty-four(24) inches in diameter for telephone or power
transmission poles or their footings. \
2. The drilling of oil wells, gas wells or landfill gas collection wells or the maintenance of gas or
leachate collection systems.
3. Any excavation activity which has been determined by the Director to pose an insignificant
risk, or any activity which has been covered sufficiently in a plan prepared for ae other agency
having jurisdiction over the site.
G. Excavation Activity Prohibited.
1. No person shall excavate at any land disposal site in the City of Huntington Beach unless he or
she first certifies that all applicable regulations of other public agencies with jurisdiction over
hazardous waste sites have been met.
2. Compliance with the provisions of this section shall not exempt any person from failing to
comply with the requirements of the California Health and Safety Code, and any other applicable
codes, rules or regulations.
jmp/plannmg/legisdrft 230 40
230.94 Carts and Kiosks(Note:Not eertfred by the California Coastal Commission;however,these provisions are in
effect and will be enforced by the City of Huntington Beach)(3334)
Carts and kiosks may be permitted on private property zoned for commercial purposes, subject to
conditional use permit approval by the Zoning Administrator and compliance with this section.
Carts and kiosks may be permitted as a temporary use on public property subject to Specific
Event approval pu uant to Chapter 5.68. (32496/95)
A. Location and Desi Criteria. Cart and kiosk uses shall conform to the following: (32496/95)
1. No portion of a cart \not
shall overhang the property line. (32496/95)
2. The cart or kiosk shastruct access to a parked vehicle, impede the delivery of
materials to an adjoining property; interfere with access to an adjoining property or interfere with
maintenance or use of street furniture. (32496/95)
3. The cart or kiosk shall not exceed a maximum of four(4) feet in width excluding any wheels,
eight (8) feet in length including any handl'e"Iand no more than six (6) feet in height excluding
canopies, umbrellas or transparent enclosures unless a larger size is approved by the Zoning
Administrator. (32496/95)
B. Factors to Consider. The Zoning Administrator hall consider the following factors regarding
the location and the design of cart or kiosk uses including: (32496/95)
1. Appropriateness of the cart or kiosk design, color sch\eme, and character of its location; (32496/95)
2. Appropriateness and location of signing and graphics;(3249 95)
3. The width of the sidewalk or pedestrian accessway;(32496/95)
4. The proximity and location of building entrances;(32496/95)
5. Existing physical obstructions including, but not limited to signposts, light standards, parking
meters,benches,phone booths, newsstands, utilities and landscaping; (324 /95)
6. Motor vehicle activity in the adjacent roadway including but not limited to bus stops, truck
loading zones, taxi stands, hotel zones,passenger loading or parking spaces;(32 6/95)
7. Pedestrian traffic volumes; and(32496/95)
8. Handicapped accessibility. (32496/95)
C. Operating Requirements, Provisions and Conditions.
1. During hours of operation, the cart or kiosk must remain in the location specified on the
approved site plan. (32496/95)
2. A cart or kiosk operator shall not sell to or solicit from motorists or persons in vehicles. (3249-
6/95)
3. The cart or kiosk operator shall pay all fees and deposits required by the Huntington Beach
Municipal Code prior to the establishment of the use. (32496/95)
jmp/plannineegisdrft 230 41
4. All provisions of the Huntington Beach Municipal Code which are not in conflict with this
section shall apply. (32496/95)
5. The prices of items sold from a cart or kiosk must appear in a prominent, visible location in
legible characters. The price list size and location shall be reviewed and approved by the Zoning
Administrator. 496/95)
6. The sale of alcoh is beverages shall be prohibited. (32496/95)
7. The number of emplo ees at a cart or kiosk shall be limited to a maximum of two (2)persons
at any one time. (32496/95)
8. Fire extinguishers may be required at the discretion of the Fire Department. (32496/95)
9. All cart and kiosk uses shall be self contained for water, waste, and power to operate. (32496/95)
10. A cart or kiosk operator shall provicle�a method approved by the Zoning Administrator for
disposal of business related wastes. (32496/95)\
D. Parking. Additional parking maybe required for cart or kiosk uses by the Zoning
Administrator. (32496/95)
E. Review; Revocation. The Community Development Department shall conduct a review of the
cart or kiosk operation at the end of the first six (6) month period of operation. At that time, if
there has been a violation of the terms and conditions of',this section or the conditional use
permit, a public hearing shall be scheduled before the Zoning Administrator for revocation
pursuant to Section 241.16 and 249.06. (32496/95)
Huntington Beach Zoning and Subdivision Ordinance
Chapter 230 23042 5/97
I
jmp/planning/legisdrft 230 42