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Home My WebLink AboutTransitional Housing - Emergency Shelters - Zoning Text Amen PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) am a Citizen of the United States and a resident of the County aforesaid; I am HUNTINGTON BFACH, over the age of eighteen years, and not a HGANOTICE ORDINANCE NO.-3861— party to or interested in the below entitled - ^l;p=ny*fie City Council On: JANUARY 19,2010 matter. I am a principal clerk of the "AN ORDINANCE OF THE, HUNTINGTON BEACH INDEPENDENT, BEACH CITY OF _AMMEENDHNDTON ING CHAPTER.230, OF-THE . a newspaper of general circulation, !HUNTINGTON',NING '- BEACH ZONING AND'-SUBDIVI- SION and published in the Cityof ISION ITESTA ORDINANCE TI,, {TL�D SITE STANDARDS" SYNOPSIS: Huntington Beach, County of Orange, AMENDMENT: T E 09T State of California, and that attached 009 AMENDING VARIOUS CHAPTERS OF THE HUN Notice , is a true and complete co as TINGTON BEACH ZON p copy ,ING AND SUBDIVISION ORDINANCE (HBZSO) was printed and published in the ALLOWS FOR,SUPPORT, IVE HOUSING AND Huntington . Beach issue of said TRAWELL AS AMENDING newspaper to wit the Issue(s) of: REGULATIONS FDR EMERGENCY SHELTERS: THIS WAS A CITY INI- - TIATED.-AMENDMENT TO 'A D D,R E S'S REQUIREMENTS OF SEW ATE BILL (SB) 2 AND COMPLY' WITH PRO. January 28, 2010 GRAM 20 OF THE 2008- 2014 HOUSING -ELE- MENT. THE PLANNING, .,COMMISSION ALSO REC,' OMMENDED'd APPROVAL !OF ,ZONING TEXT, {AMENDMENT NO. 09- 009: PASSED AND ADOPTED , by the City':Council of the City_-of Huntington; declare, under penalty of perjury, that Beach at? a regular meeting held January', f 191 ,2010.,bg the follow ! the foregoing is true and correct. !ng roll callvote: ,AYES: Carchio, Hardy, ;Green, Bohr,,-Dwyer, !Hansen NOES:None Executed on February 3, 2010, ABSENT:Coerp . 'ABSENT:Coerper THE,FULL TEXT OF THE at Costa Mesa, California. 'ORDINANCE AS AVAIL- {ABLE IN .THE CITY. 'CLERK'S OFFICE. This ordinance is effec- flue 30 days after p:adotion CIT: Y.OF,, HUNTINGTON BEACH S i g,n at u re 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 714-536-5227,; JOAN L.FLYNN, CITY CLERK Published.: Huntington Beach Independent Jan- uary 28,2010 4-318 Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County,State of California,under date of Aug.24, 1994,case A50479. P REV®OF OF PUBLICATION STATE OF CALIFORNIA ) ) SS. --cmoF - COUNTY OF ORANGE ) HUNTINGTONSEACH LEGALNO.ME ORDINANCE NO.3860 am a Citizen of the United States and a Adopted by the City Council on resident of the County aforesaid; I am over JANUARY 19,2010, "AN ORDINANCE OF THE the age of eighteen years, and not a party CITY HUNTI BEACHH AMENDING NG to or interested in the below entitled matter. CHAPTER 212 OFB THE HUNTINGTON BEACH I am a rinci al clerk of the HUNTINGTON ZONING AND; SUBDM p p 'SION ORDINANCE TITLED BEACH INDEPENDENT a news a er of I INDUSTRIAL DIs p p �TRICTS" ' general circulation SYNOPSIS:' g , printed and published in z O N I N G T E X T` the Cityof Huntington Beach, Count of AMENDMENT N0.VARIOUS' g Y AMENDING VARIOUS; Orange State of and the CHAPTERS of THE NUN= , California, TINGTON:BEACH ZONING attached Notice is a true and com lete co AND SUBDIVISION O p copy AL NANCE (HBZSO) AL- 'LOWS FOR:SUPPORTIVE as was printed and published on the HOUSING AND TRANSI- TIONAL HOUSING AS following date(s): ;WELL AS AMENDING 'REGULATIONS FOR EMERGENCY SHELTERS. THIS WAS A' CITY,INI- TIATED AMENDMENT'.TO ADDRESS . .REQUIREMENTS OF SEN- ATE AND January 28, 2010 COMRLYL'WITH�PRO %GRAM 20 OF THE 2008- ;2014 HOUSING ELE- WENT. .THE PLANNING COMMISSION ALSO REG :OMMENDED APPROVAL OF:, ZONING TEXT ,,AMENDMENT :NO. 09- 009. PASSED AND'ADOPTED by the City Council of the City-of Huntington Beach at a r-egular;meet- mg held, 'January. 19,. 2010 by the following -roll call vote: I declare, under penalty of perjury, that the AYES: Carchio, ,Hardy, foregoing is true and correct. Hansen Bohr, Dwyer' NOES:None ABSTAIN:None, ABSENT:Coerper ' 'THE FULL TEXT OF4111 ORINAIS VAIL- Executed on February 3, 2010 ABLE IR E,THEt,CITY CLERK' • 'S OFFICE. at Costa Mesa, California This ordinance Is effec- tive. 30 'days after adoption. CITY OF " / HUNTINGTON BEACH. ! `2000 MAIN STREET 4 �,rn C HUNTINGTON BEACH,, CA 92648 Si nature 714-536-5227_ g JOAN Li FLYNN, CITY CLERK Published Huntington Beach Independent Jan-. uary 28,2010 014-317 PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, (ITYOF ,T A b D R E S S HUNTINGTON REQUIREMENTS OF SEN-f printed and published in the City of ATE BILL (SB) ?ANDi LEGALNOTICE COMPLY- WITH; PRO-I Huntington Beach, County of Orange, ORDINANCEN0:3859- GRAM 20 OF THE 2008-J Adoptedbythe, 2014, HOUSING. ELE-� State of California and that attached CityCoun I MENT. THE PLANNING, , JANUARY 19,2010 ('COMMISSION ALSO RAC- "AN'ORDINANCE.OF THE �OMMENDED APPROVAL Notice is a true and complete copy: as .CITY OF HUNTINGTON OF ZONING TEXT 'BEACH. AMENDING AMENDMENT NO. 09-1 was printed and published In the HUNTINGTON'OBEACH PASSED AND ADOPTED` Huntington Beach issue of said ;ZONIWG AND SUBDIVI by:the City Council of SION .ORDINANCE -TI- ,the City of Huntington newspaper to wit the Issue(s) of. TLED COMMERCIAL DIS- }Beach of a regular TRICTS" meeting held. January SYNOPSIS: ii19; 2010 by the follow- Z O N I N G T E X T i:fng roll call vote: ,AMENDMENT NO. 09 AYES: Carchio; Hardy, 009 AMENDING VARIOUS !Green; Bohr, Dwyer, CHAPTERS OF THE HUN- :Hansen January 28, 2010 NG -AN BEACH `SION �ABST NOES.-'None ,:fNG AND: SUBDIVISION ABSTAIN:None,:. ORDINANCE (HBZSO) ABSENT:Coerper ALLOWS FOR SUPPORT THE FULL TEXT OF THE IVE' HOUSING AND ORDINANCE IS AVAIL.: TRANSITIONAL HOUSING ABLE IN THE CITY AS`.WELL AS AMENDING CLERK'S OFFICE: _ REGULATIONS' FOR This ordinance is effec- EMERGENCY SHELTERS: tive 30 days after THIS WAS'A CITY INI; adoption.' 11 TIATED AMENDMENT TO CITY OF __d__ HUNTINGTON BEACH i 2000 MAIN STREET declare, under penalty of perjury, that HUNTINGTON BEACH, CA 92648 the foregoing is true and correct. OANL.FLYNN, JOAN L.FLYNN, CITY CLERK Published Huntington Beach Independent Jan- Executed on February 3, 2010, i❑ary28,2010 014-316 at Costa Mesa, California. Signature PROOF OF PUBLICATION STATE OF CALIFORNIA) I - CITY OF -' HUNTINGTON BEACH s s. LEGAL NOTICE COUNTY OF ORANGE ORDINAed by t adop tea e : the. � CIty,Colcil on JANUARY19,2016 �+ -AN ORDINANCE OF THE CITY OF �HUN I am a Citizen of the United States and a !BEACH AMETNDING resident of the County aforesaid; I am '`CHAPTER.TINGTON OF BEACH THE- IHUN ZONING AND SUBDIVI- SION over the age of eighteen years and not a REST ORDINANCE TITLED � RESIDENTIAL DISTRICTS" party to or interested in the below entitled SYNOPSIS:" matter. I am a principal clerk of the 'Z 0 N 1 N G T E X T' AMENDMENT N0.09-009 HUNTINGTON BEACH INDEPENDENT, AMEND[NG VARIOUS, CHAPTERS OF.THE.HUN-. a newspaper Of general CIrCUIatIOn, TINGTON BEACH ZONING ,AND SUBDIVISION ORDI- NANCE (HBZSO) AL= printed and published in the City of LOWS FORt,SUPPORTIVE HOUSING AND TRANSI-, Huntington Beach, County of Orange, TIONAL ;HOUSING' AS, WELL AS AMENDING State of California and that attached REGULATIONS FOR EMERGENCY.;SHELTERS. NOtICe THIS, WAS A CITY,1NI- Is a true and complete Copy as �TIATE,D AMENDMENT TO was printed and published in the !REQUIREMENTS OFSEN- ATE. BILL (SB) 2 AND, Huntin ton Beach issue Of said (COMPLY`-WITH PRO-, g GRAM 20 OF THE 2008; newspaper to wit the Issue(s) of: 12014 HOUSING ELE- MENT. THE, PLANNING COMMISSION'ALSO;REC- �OMMENDED..APPROVAC' 1OF. ZONING TEXT ;AMENDMENT„ NO.� -09=' 009. January 28, 20 i 10 PASSED AND ADOPTED i by the City Council-of the City of Huntington Beach at a regular meet- ing -held January 19,` 2010 by the following roll call,vote: AYES: Carchio, Hardy, Green, Bohr,: Dwyer Hansen I NOES:None- ABSTAIN:None' ' declare, under penalty of perjury, that THEENT CFULLTEXTrOF THE ORDINANCE'IS AVAIL- the foregoing is true and correct. ,ABLE IN THE CITY CLERK'S OFFICE: This ordinance Is'effec- tive_ 30,days`oftei adoption.. Executed on February 3, 2010, CITY OF HUNTINGTON BEACH - 2000 MAIN STREET at Costa Mesa, California. HUNTINGTON BEACH' ; CA 92648 714-596-S227 JOAN L.FLYNN, CITY CLERK Hun Published. Huntington Beach Independent Jan-. Signature uary 28,2110 014315 Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County,State of California,under date of Aug, 24, 1994,case A50479. PROOF OF PUBLICATION STATE OF CALIFORNIA ) ) SS. COUNTY OF ORANGE ) CITY Of. HUNTINGTON BEACH LEGAL NOTICE I am a Citizen of the United States and a ORDINANCEAdopted by the 7 resident of the County aforesaid I am over Adopted Council 'City Council 0 . � -, JANUARY 19,2010 the age of eighteen ears, and not a art "AN ORDINANCE OF THE g g Y party ,CITY OF, HUNTINGTON_ to or interested in the below entitled matter. BEACH :204OFAMENDING THE CHAPTER:. 04 OF I am a principal clerk of the HUNTINGTON ZONING HUNTINGTON BEACH principal ZONING AND SUBDIVI- SION ORDINANCE TI- BEACH INDEPENDENT, a newspaper of T EDCLASSIFCATIONS" general circulation, printed and published in S OONPSIS:G E x T the City of Huntington Beach, County of 0 9ENDMENT AMENDING VARIOUS HLIN- Orange, State of California, and the i GTONSBEACHE ZON- attached Notice is a true and complete copy INGOR AND 'SUBDIVISION ORDINANCE (HBZSO) as was printed and published on the IAVEO HOUOSINGPPAND HOUSING following date(s): ASAWELLQNAL AS AMENDING REGULATIONS FOR (EMERGENCY SHELTERS. THIS WAS A CITY INI- TIATED AMENDMENT TO A D D R E S S REQUIREMENT&OF SEW AND January 28, 2010 COMPLY WTHATE BILL B) ?PRO- GRAM 20 OF THE 2008- 2014, HOUSING ELE- MENT. THE PLANNING COMMISSION ALSO REC- OMMENDED APPROVAL .OF ZONING 'TEXT AMENDMENT NO. 09- 009. PASSED AND ADOPTED .by the" City.Council of the City of Huntington Beach at a 'regular meeting held ,January 19, 2010 by the follow- ing roll call vote: declare, under penalty of perjury, that the AYES: Carchio,- Hardy, Green, Bohr, Dwyer, foregoing is true and correct. Hansen . . NOES:None ABSTAIM None ABSENT:Coerper THE FULL TEXT OF THE Executed on February 3, 2010 ORDINANCE IS AVAIL- ABLE IN THE CITY CLERK'S OFFICE. at Costa Mesa, California This ordinance is offec- tive 30 -days .after adoption. CITY OF _ HUNTINGTON BEACH 2000 MAIN STREET t HUNTCAG9T2 t48EACH,, Signature 714-536-5227 OAN L.FLYNN, CITY CLERK Published Huntington Beach Independent Jan- uary 28,2010 014-314 PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) am a Citizen of the United States and a CITY OF resident of the County aforesaid; I am Hu ALNOTICEa ORDINANCE NO.3857 overt e age of eighteen years, and not a Adopted by the City Council on'. party to or interested in the below entitled -JANUARY 19;2010 "AN ORDINANCE OF THE matter. I am a principal clerk of the CITY ,H .HMENDING BEACH AMENDING HUNTINGTON BEACH INDEPENDENT, CHAPTER 204 THE HUNTINGTON OF BEACH a newspaper of general circulation, ZONING AND CE TI SION' ORDINANCE I- printed and published in the Cityof TLEDCLSSIFICATIONS" SYNOPSIS: . Z 0 N IN'G` TEXT Huntington Beach, County of Orange, AMENDMENT. NA 09 009 AMENDING VARIOUS,- State of California, and that attached TNGTONSBEACHOF THE ZOW ING AND SUBDIVISION Notice ..is a true°-:and complete copy as ORDINANCE (HBZSO) ALLOWS FOR-SUPPORT-printed and published in the IVE HOUSING AND TRANSITIONAL HOUSING, Huntington Beach issue of said RE WELL GULATI AMENDING aREIONS FOREME , newspaper to wit the Issue(s) of. THIS WNC A CITY INI_' L THIS WAS A CITY INI- TIATED'AMENDMENT TO A D=D R E S S REQUIREMENTS OF SEW ATE BILL (SB) 2 AND COMPLY WITH PRO' January 28, 2010 2014 0 OF THE 200E-• 014 HOUSING: ELE- MENT. 'THE PLANNING COMMISSION ALSO REC- OMMENDED APPROVAL OF'. ZONING TEXT AMENDMENT NO..'09- 009. .. PASSED 'AND ADOPTEDI by the City,Council of the City .of Huntington Beach at a ,regular meeting held January declare, under penalty of perjury, that ing 2llc cby.all the follow- f ing roll call vote: the foregoing is true and correct. AYES: CBohro, Hardy,. Green, Bohr, '.Dwyer; Hansen . NOES:None ABSTAIN:None Executed on February 3, 2010, THE FULL TEXT. ' ;THE FULL TEXT.OF THE ORDINANCE IS AVAIL-j at Costa Mesa, California. (ABLE I IN THE ,CITY CLERK'S OFFICE. This ordinance is effec- tive 30 Ldays after. adoption CITY OF HUNTINGTON BEACH 2000 MAIN STREET S rg n atu re' HUNTINGTON BEACH, '! CA92648 '714=536=5227 JOAN L.FLYNN, CITY CLERK Published Huntington-' Beach Independent Jari- uary 28,2010 014-314 PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) CITY OF��' I am a Citizen of the United States and a ',HUNTINGTON BEACH LEGAL NOTICE resident of the County aforesaid; I am j ORDINANCENC►.3856`. Adopted by the over the age of eighteen years, and not a JANUARYU19iI20 n'O "AN party to or interested in the below entitled CIT ORDINANCE IN THE' i`CITY, OF HUNTINGTON' BEACH AMENDING matter. I am a principal clerk of the CHAPTER 203 OF'THEI HUNTINON HUNTINGTON BEACH INDEPENDENT, 'ZONING AND SUBDIVI-I, ,TLEEDDEFINITIONS" TI--� a newspaper of general circulation, SYNOPSIS: printed and published in the City of 'Z I N I N � TEXT; 'AME�NDMENT NO. 09-1 009 AMENDING VARIOUS Huntington Beach County of Orange CHAPTERS OF THE HUN- 'TINGTON BEACH ZON-, State of California, and that attached ORDINANCEU(SUBDIVISION ALLOWS FOR SUPPORT- Notice is a true and complete copy as iIVE 'HOUSING ANJ), I TRANSITIONAL'HOUSING' was printed and published in the AS WELL AS AMENDING REGULATIONS FOR Huntington Beach issue of said RGENCY THIS AS ASCTY.ENI- newspaper to wit the Issue(s) of. A D D R-'E S S TIATED-AMENDMENT TO L \ J II !,REQUIREMENTS OF SEN i ATE BILL (SB) 2 AND (COMPLY WITH,, PRO; 'GRAM'20 OF THE 2008- 12014'`HOUSING ELE; MENT. 'THE PLANNING 1 January 28, 2010 COMMISSION ALSO REC-'I OMMENDED APPROVAL -OF 'ZONING, TEXT AMENDMENT NO. 09- 009. PASSED •A D ADOPTED( by the City Council .of' the City of. Huntington' (Beach at' a' regular; meeting. held' January, 19_2010 by the follow= I ing roll call vote: '= declare, under penalty of perjury, that AYES: Carchlo, Hardy,i Green, Bohr, Dwyer, the foregoing is true and correct. Hansen HOES:None ABSTAIN:None ' ABSENT:Coerper THE FULL TEXT OF THE; Executed on February 3 2010 (ORDINANCE IS-AVAIL ABLE IN'-:THE CITY CLERK'S OFFICE.' at Costa Mesa, California. Thisordin®nceiseffec- tive 30 days, after, adoption CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH; CA 92648 Signature 714-536-5227 JOAN L.FLYNN, , - CITY CLERK Published Huntington Beach Independent Jan- uary 28;2010- 014-313, City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 v OFFICE OF THE CITY CLERIC e JOAN L. FLYNN CITY CLERK NOTICE OF ACTION December 23, 2009 Planning Department City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 SUBJECT: ZONING TEXT AMENDMENT NO. 09-009 AMENDING VARIOUS CHAPTERS OF THE ZONING AND SUBDIVISION ORDINANCE TO ALLOW FOR SUPPORTIVE HOUSING AND TRANSITIONAL HOUSING AS WELL AS AMENDS REGULATIONS FOR EMERGENCY SHELTERS APPLICANT: City of Huntington Beach Planning Department 2000 Main Street, Huntington Beach,.CA 92648 LOCATION: Citywide DATE OF ACTION: December 21, 2009 On Monday, December 21, 2009 the City Council of the City of Huntington Beach took action on your application and approved Zoning Text Amendment No. 09-009 with Findings for Approval, and approved for introduction Ordinance No. 3856 amending Chapter 203 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) titled Definitions; Ordinance No. 3857 amending Chapter 204 of the HBZSO titled Classifications; Ordinance No. 3858 amending Chapter 210 of the HBZSO titled Residential Districts; Ordinance No. 3859 amending Chapter 211 of the HBZSO titled C Commercial Districts; Ordinance No. 3860 amending Chapter 212 of the HBZSO titled I industrial Districts; and, Ordinance No. 3861 amending Chapter 230 of the HBZSO titled Site Standards. All the ordinances are scheduled to be adopted at the January 19, 2010 City Council meeting and become effective 30-days later on February 18, 2010. Attached to this letter are the Findings for Approval for ZTA 09-009, a draft copy of Ordinance Nos. 3856 through 3861, and pages 5 and 6 of the City Council Action Agenda relating to this item. If you have any questions, please contact Hayden Beckman, Planning Aide at(714) 374-5317, or the Planning Department Zoning Counter at(714) 536-5271. Sincerely, J L. Flynn, CMC Ci Clerk JM:pe Attachments Findings for Approval for ZTA 09-009 Draft copies of Ordinance Nos. 3856—3861 Action Agenda pages 5 and 6 Sister Cities: Anjo, Japan • Waitakere, New Zealand (Telephone:714-536-5227) FINDINGS OF APPROVAL ZONING TEXT AMENDMENT NO. 09-009 FINDINGS FOR APPROVAL -ZONING TEXT AMENDMENT NO. 09-009 1. Zoning Text Amendment No. 09-009 amending the Huntington Beach Zoning and Subdivision Ordinance to establish Emergency Shelters, Supportive Housing, Target Population, and Transitional Housing within Chapter 203 Definitions; establish Supportive Housing and Transitional Housing as use classifications within Chapter 204 Use Classifications; list Supportive Housing and Transitional Housing as permitted uses within Chapter 210 Residential Districts; reference Emergency Shelter standards and guidelines within Chapter 211 Commercial Districts; identify Emergency Shelters as permitted uses within Chapter 212 Industrial Districts; and establish objective Emergency Shelter standards and guidelines within Chapter 230 Site Standards is consistent with the goals, objectives, policies, general land uses and programs specified in the General Plan. The proposed amendments are being approved pursuant to Program 20 of the General Plan Housing Element, and are in compliance with State Law pursuant to Senate Bill 2. 2. In the case of general land use provisions, the zoning text amendment request is compatible with the uses authorized in, and the standards prescribed for, the zoning districts for which it is proposed. The request creates objective standards and guidelines to prevent adverse impacts to surrounding properties for Emergency Shelters. Listing Supportive Housing and Transitional Housing as permitted uses within Residential districts stipulates that Supportive Housing and Transitional Housing uses will be subject to the same development standards and processing requirements of other uses within Residential districts. 3. A community need is demonstrated for the change proposed because the 2008-2014 Housing Element identified that there currently is no emergency shelter to address the needs of homeless adults or families. Allowing Emergency Shelter uses within Industrial districts without the approval of a discretionary permit as well as the inclusion of Supportive Housing and Transitional Housing as allowed uses within Residential districts provides a wider range of housing types to,address the needs of the citizens of Huntington Beach. 4. The adoption of the ordinances will be in conformity with public convenience, general welfare and good zoning practice. The zoning text amendment would allow for consideration of a greater range of housing types available to current and future citizens while requiring that these uses do not negatively impact surrounding properties. The proposed amendments of ZTA 2009-009 will comply with State Law pursuant to Senate Bill 2 and Program 20 of the 2008-2014 Housing Element. RECESS CITY COUNCIL/REDEVELOPMENT AGENCY MEETING — 7:14 PM CONVENE MEETING OF THE HUNTINGTON BEACH PUBLIC FINANCE AUTHORITY— 7:14 PM CALL TO ORDER ROLL CALL: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, Happen All Present ' An annual meeting is held in December each year to e� ` \ nr officers of the Huntington Beach Public Finance Authority. ELECTION OF OFFICERS Recommended Action: Elect Cathy Green, Chair of the Huntington Beacfi Financing authority; Jill Ha'rcJ."'; Vice- Chair of the Huntington Beach Financing Authorr ndJori L. Flynn, Secretary of the Huntington Beach Financing Authority. Approved 7-0 \"M t ADOPT MINUTES "S g � Recommended Action ' Approve and adopt the minutes of the joir�teemg of the Huntington Beach Public Financing Authontyb' -�Decembe ' 5, 2008 awritten and on file in the Secretary's Office. Approved 7-0 a ADJOU H\\ ,1�\\TINGTOI+IACH P0BL1d` frIANCE AUTHORITY MEETING — 7 17to a. 1 03, RE- Cl DEVELOPMENT AGENCY MEETING — 7:17 PM PUBLIC SEARING , , 6. (Citj(gc, Vncil) P c Hearing to consider Zoning Text Amendment (ZTA) No. 09 OM areng various chapters of the Huntington Beach Zoning and Sub'c Ordinance (HBZSO) regarding Supportive Housing, Transitional dousing, Target Population, and Emergency Shelters; and, approve for introduction Ordinance Nos. 3856, 3857, 3858. 3859, 3860, and 3861. Planning Commission and Staff Recommended Action a) Approve Zoning Text Amendment No. 09-009 with findings for approval; and, Council/Agency Action Agenda—Monday, December 21, 2009 b) After City Clerk reads by title, approve for introduction Ordinance No. 3856, "An Ordinance of the City of Huntington Beach Amending Chapter 203 of the Huntington Beach Zoning and Subdivision Ordinance Titled Definitions;" and, c) After City Clerk reads by title, approve for introduction Ordinance No. 3857, "An Ordinance of the City of Huntington Beach Amending Chapter 204 of the Huntington Beach Zoning and Subdivision Ordinance Titled Classifications;" and, d) After City Clerk reads by title, approve for introduction Ordinance No. 3858, "An Ordinance of the City of Huntington Beach,Amending Chapter 210 of the Huntington Beach Zoning and Subdivision Q rdinance Titled Residential Districts;" and, e) After City Clerk reads by title, ap ,e for introduction Ordinance No. 3859, "An Ordinance of the CiHuntington Beach Amending Chapter 211 of the Huntington Beach Zoand Sulis ion OrdinanceTltted C Commercial Districts;" and, a f) After City Clerk reads bytitlle, approve fa troduction Ordinance No. 3860, "An Ordinance ofbeCr of Huntin beach Amending Chapter 212 of the Huntington Beach Zoning,and Sulu on Ordinance Titled I Industrial Districts;" and, °�; a,V\Agg After C s b title, a rove for introduction Ordinance No. 9) Y pP 386 Ordina of the Clef Huntington Beach Amending Chapter o 23fl g,� he Hunting Beach Zo ing and Subdivision Ordinance Titled �� Site �,�dards "�; N PP 7. Rdevecpment cy) Public Hearing to consider approval of the Five- ; Year Imple�ehtatioi n (2010-2014) and the Affordable Housing Component 1290 r cementation Plan January 2010 - December 2014 for the Huntin Ic � erged Redevelopment Project Area. Redevelopment Agency Recommended Action: a) Conduct the public hearing as required; and, b) Approvet} e "Five Year Implementation Plan (2010-2014) Huntington Beach Redevelopment Project" and, c) Approve the "Affordable Housing Component AB 1290 Implementation Plan January 2010 - December 2014." Approved 6-1 (Dwyer No) Council/Agency Action Agenda—Monday, December 21, 2009 ,)di Council/Agency Meeting Held: 1212/ 109 Deferred/Continued to: /O `J ppoved Cond ved ❑ Denied C Cler Signat r❑ A Council Meeting Date: 12/21/09 Department ID Number: PL 09-27 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY C NCIL MEMBERS SUBMITTED BY: FRED A. WILSON, CITY ADMINI OR PREPARED BY: SCOTT HESS, AICP, DIRECTOR PLANNIN SUBJECT: APPROVE ZONING TEXT AMENDMENT NO. 09-009 (EMERGENCY SHELTERS/TRANSITIONAL HOUSING) 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. 09-009, amending various chapters of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to allow for Supportive Housing and Transitional Housing as well as to amend regulations for Emergency Shelters. This is a City initiated amendment to address requirements of Senate Bill (SB) 2 and comply with Program 20 of the 2008-2014 Housing Element. The Planning Commission and staff are recommending approval of Zoning Text Amendment No. 09-009. Funding Source: Not Applicable Recommended Action: PLANNING COMMISSION AND STAFF RECOMMENDATION: "Approve Zoning Text Amendment No. 09-009 with findings for approval (ATTACHMENT NO. 1) and adopt: Ordinance No. 3856 an Ordinance of the City of Huntington Beach amending Chapter 203 of the Huntington Beach Zoning and Subdivision Code titled Definitions (ATTACHMENT NO. 2)." REQUEST FOR ACTION MEETING DATE: 12/21/09 DEPARTMENT ID NUMBER:PL 09-27 o Ordinance No. 3857 an Ordinance of the City of Huntington Beach amending Chapter 204 of the Huntington Beach Zoning and Subdivision Ordinance titled Classifications (ATTATCHMENT NO. 3)." Ordinance No. 3858 an Ordinance of the City of Huntington Beach amending Chapter 210 of the Huntington Beach Zoning and Subdivision Ordinance titled Residential Districts (ATTACHMENT NO. 4)." Ordinance No. 3859 an Ordinance of the City of Huntington Beach amending Chapter 211 of the Huntington Beach Zoning and Subdivision Ordinance titled C Commercial Districts (ATTACHMENT NO. 5)." Ordinance No. 3860 , an Ordinance of the City of Huntington Beach amending Chapter 212 of the Huntington Beach Zoning and Subdivision Ordinance titled I Industrial Districts (ATTACHMENT NO. 6)." Ordinance No. 3861 , an Ordinance of the City of Huntington Beach amending Chapter 230 of the Huntington Beach Zoning and Subdivision Ordinance titled Site Standards (ATTACHMENT NO. 7) Planning Commission Action on November 24, 2009: THE MOTION MADE BY SCANDURA, SECONDED BY DELGLEIZE, TO APPROVE ZONING TEXT AMENDMENT NO. 09-009, WITH FINDINGS CARRIED BY THE FOLLOWING VOTE: AYES: SPEAKER, SHIER-BURNETT, SCANDURA, DELGLEIZE, FARLEY, MANTINI NOES: NONE ABSENT: LIVENGOOD ABSTAIN: NONE MOTION PASSED Alternative Action(s): The City Council may make the following alternative motion(s): "Continue Zoning Text Amendment No. 09-009 and direct staff accordingly." G:\RCAs\2009\PL09-27(ZTA-Emergency Shelters—Transitional Housing).doc -2- 12/8/2009 8:28 AM REQUEST FOR ACTION MEETING DATE: 12/21/09 DEPARTMENT ID NUMBER:PL 09-27 Analysis: A. PROJECT PROPOSAL: Applicant: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 Location: Citywide Zoning Text Amendment No. 09-009 represents a request to amend various chapters of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO), pursuant to Chapter 247 (Amendments) in order to allow for Supportive Housing and Transitional Housing, as well as to amend regulations for Emergency Shelters. Zoning Text Amendment No. 09-009 would implement the following changes (legislative drafts are provided in Attachment Nos. 8-13): ■ Establish definitions for Emergency Shelters, Supportive Housing, Target Population and Transitional Housing within Chapter 203 Definitions (Attachment 8); ■ Establish Supportive Housing and Transitional Housing as use classifications within Chapter 204 Use Classifications (Attachment 9); ■ List Supportive Housing and Transitional Housing as allowed uses within Chapter 210 Residential Districts (Attachment 10); ■ Reference Emergency Shelter standards and guidelines within Chapter 211 Commercial Districts (Attachment 11); ■ Identify Emergency Shelters as permitted uses within Chapter 212 Industrial Districts (Attachment 12); ■ Establish objective Emergency Shelter standards and guidelines within Chapter 230 Site Standards (Attachment 13). Zoning Text Amendment No. 2009-009 is a City initiated amendment of the HBZSO to address requirements of Senate Bill (SB) 2, which modified California Government Code Section 65583, effective January 1, 2008. B. BACKGROUND The City of Huntington Beach currently allows Emergency Shelters within Commercial districts with a Conditional Use Permit (CUP). Per S132, California jurisdictions must identify at least one zone that will permit Emergency Shelter uses without a CUP or discretionary action. On June 16, 2008,City Council adopted the 2008-2014 Housing Element in which the City had to address the new legislation. Specifically, Program 20 of the 2008-2014 Housing Element identifies Industrial districts as the appropriate land use zone for Emergency Shelter uses without a CUP. Consistent with State law, Program 20 also identifies the need to add Supportive Housing and Transitional Housing in the HBZSO's definitions section and list as permitted uses within Residential districts. The proposed amendments will bring the HBZSO into compliance with the requirements of S132 and the objective of Program 20 of the Housing Element. G:\RCAs\2009\PL09-27(ZTA-Emergency Shelters—Transitional Housing).doc -3- 12/8/2009 8:28 AM REQUEST FOR ACTION MEETING DATE: 12/21/09 DEPARTMENT ID NUMBER:PL 09-27 C. PLANNING COMMISSION MEETING AND RECOMMENDATION: The Planning Commission held a Study Session on the proposed ordinance changes on November 10, 2009. Subsequently, a public hearing was held on November 24, 2009/with no public speakers regarding this amendment. One of the Commissioners inquired about uses such as `halfway houses' and hotels and the likelihood that they might be placed in residential districts. Staff advised that hotels are not permitted in residential districts and the proposed changes would not affect this regulation. Staff then briefly discussed the definitions of transitional housing and supportive housing and that the proposed changes will regulate the intensity of such uses when proposed in residential districts. The Planning Commission approved the Zoning Text Amendment as recommended. D. STAFF ANALYSIS AND RECOMMENDATION: Zoning Text Amendment No. 09-009 is a City initiated amendment that addresses Supportive Housing, Transitional Housing, and Emergency Shelters. The various aspects of each of these are addressed below. Emergency Shelters Chapter 204 of the HBZSO classifies an Emergency Shelter as a Community and Human Service Facility. Emergency Shelter uses are currently allowed in a Commercial General zone, and require a Conditional Use Permit (CUP) by the Zoning Administrator if proposed to be less than 5,000 square feet in size or a CUP by the Planning Commission if greater than 5,000 square feet. Additionally, Emergency Shelters are allowed in Industrial districts with a CUP by the Planning Commission. Emergency Shelters are defined as: "Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay." Per the requirements of Senate Bill 2, the City is required to allow Emergency Shelter uses without the approval of a CUP in parts of the City. As stipulated by the provisions of Program 20 of the 2008-2014 Housing Element, the City proposed to do this in Industrial districts. State law allows cities to establish objective standards and guidelines in order to reduce negative impacts to surrounding uses for Emergency Shelters permitted by right. As a part of this request, staff is proposing appropriate development and management standards within HBZSO Chapter 230 to ensure that the operation and maintenance of the property does not adversely impact adjacent uses. Emergency Shelters will be subject to the development standards of Chapter 212 Industrial Districts and the proposed criteria set forth in Chapter 230.52 of the HBZSO, which would not necessarily conflict or impede the range of uses currently allowed within Industrial districts. Since Emergency Shelters will also increase the diversity of housing types available to residents in need, staff recommends the inclusion of Emergency Shelters within Industrial districts without the approval of a discretionary permit. G:\RCAs\2009\PL09-27(ZTA-Emergency Shelters—Transitional Housing).doc -4- 12/8/2009 8:28 AM REQUEST FOR ACTION MEETING DATE: 12/21/09 DEPARTMENT ID NUMBER:PL 09-27 Supportive Housing and Transitional Housing The proposed ZTA adds Supportive Housing, Target Population, and Transitional Housing definitions within Chapter 203 Definitions, as well as Supportive Housing and Transitional Housing use classifications within Chapter 204 Use Classifications. State law provides specific definitions for each of these, which are included in Chapter 203. The use classifications are somewhat different than the definitions because they address the intent of the use. Supportive Housing is defined as: "Housing with no limit on length of stay that is occupied by the target population and is linked to on-site or off-site services that assist residents to retain the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. On-site and off-site services may include, but are not limited to, after-school tutoring, child care, and career counseling." Transitional Housing is defined as: "Buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months." State law requires that Supportive Housing and Transitional Housing be allowed in residential areas, and subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. Thus, Supportive Housing and Transitional Housing uses would be subject to the same development standards and processing requirements for the type of project and residential zone in which they are proposed. The development standards include, but are not limited to, setbacks, maximum height, lot coverage, and parking requirements. Per processing requirements, CUPs would be required for many, if not most, of these projects. From a land use perspective, residential uses are analyzed for compliance with applicable development standards as well as the impact of the use on surrounding properties. Since Supportive Housing and Transitional Housing uses will be subject to the same analysis and regulations as other residential uses, would increase the diversity of housing types available to residents in need, and would not necessarily conflict or impede the range of uses allowed within Residential districts, staff recommends the inclusion of these uses in the Residential districts. Per the proposed amendments, the City will better facilitate the development of such uses in order to provide needed services without negatively impacting surrounding uses. As proposed, Supportive Housing and Transitional Housing uses will be subject to the same development standards and processing requirements as other residential uses under identical zoning classification, preventing incompatibilities of development standards and intensity. Likewise, as required by State law, emergency shelters, as permitted uses within Industrial districts, would be regulated by objective standards and guidelines to prevent adverse impacts on surrounding properties. G:\RCAs\2009\PL09-27(ZTA-Emergency Shelters—Transitional Housing).doc -5- 12/8/2009 8:28 AM REQUEST FOR ACTION MEETING DATE: 12/21/09 DEPARTMENT ID NUMBER:PL 09-27 Staff recommends that the City Council approve Zoning Text Amendment No. 09-009 with findings for approval. The proposed changes will comply with the requirements of State law as well as the guidelines of Housing Element Program 20, which was identified to better facilitate the provision of a variety of housing types to address the needs of households in Huntington Beach. Strategic Plan Goal: The proposed changes are consistent with the City Council Strategic Plan Goal to enhance economic development and will provide the opportunity to redevelop underutilized parcels. Environmental Status: The proposed project is categorically exempt pursuant to the City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act. Attachment(s): 1. Suggested Findings for Approval 2. Ordinance No. 3856 an Ordinance of the City of Huntington Beach amending Chapter 203 of the Huntington Beach Zoning and Subdivision Code titled Definitions 3. Ordinance No. 3857 an Ordinance of the City of Huntington Beach amending Chapter 204 of the Huntington Beach Zoning and Subdivision Ordinance titled Classifications 4. Ordinance No. 3858 an Ordinance of the City of Huntington Beach amending Chapter 210 of the Huntington Beach Zoning and Subdivision Ordinance titled Residential Districts 5. Ordinance No. 3859 an Ordinance of the City of Huntington Beach amending Chapter 211 of the Huntington Beach Zoning and Subdivision Ordinance titled C Commercial Districts 6. Ordinance No. 3860 an Ordinance of the City of Huntington Beach amending Chapter 212 of the Huntington Beach Zoning and Subdivision Ordinance titled I Industrial Districts 7. Ordinance No. 3861 an Ordinance of the City of Huntington Beach amending Chapter 230 of the Huntington Beach Zoning and Subdivision Ordinance titled Site Standards 8. Legislative Draft— Chapter 203 Definitions 9. Legislative Draft—Chapter 204 Use Classifications CADocuments and Settings\stephenj\Local Settings\Temporary Internet Files\Content.Outlook\BS39Q5GL\PL09-27(ZTA- Emergency Shelters—Transitional Housing).doc -6- 12/8/2009 5:12 PM REQUEST FOR ACTION MEETING DATE: 12/21/09 DEPARTMENT ID NUMBER:PL 09-27 10. Legislative Draft—Chapter 210 Residential Districts 11. Legislative Draft—Chapter 211 Commercial Districts 12. Legislative Draft—Chapter 212 Industrial Districts 13. Legislative Draft— Chapter 230 Site Standards 14. Planning Commission Staff Report dated November 24, 2009 15. Power Point Presentation C:\Documents and Settings\stephenj\Local Settings\Temporary Internet Files\Content.Outlook\BS39Q5GL\PL09-27(ZTA- Emergency Shelters—Transitional Housing).doc -7- 12/8/2009 5:12 PM ATTACHMENT # 1 ATTACHMENT NO. 1 SUGGESTED FINDINGS OF APPROVAL, ZONING TEXT AMENDMENT NO. 09-009 SUGGESTED FINDINGS FOR APPROVAL, - ZONING TEXT AMENDMENT NO. 09-009 1. Zoning Text Amendment No. 09-009 amending the Huntington Beach Zoning and Subdivision Ordinance to establish Emergency Shelters, Supportive Housing, Target Population, and Transitional Housing within Chapter 203 Definitions; establish Supportive Housing and Transitional Housing as use classifications within Chapter 204 Use Classifications; list Supportive Housing and Transitional Housing as permitted uses within Chapter 210 Residential Districts; reference Emergency Shelter standards and guidelines within Chapter 211 Commercial Districts; identify Emergency Shelters as permitted uses within Chapter 212 Industrial Districts; and establish objective Emergency Shelter standards and guidelines within Chapter 230 Site Standards is consistent with the goals, objectives, policies, general land uses and programs specified in the General Plan. The proposed amendments are being approved pursuant to Program 20 of the General Plan Housing Element, and are in compliance with State Law pursuant to Senate Bill 2. 2. In the case of general land use provisions, the zoning text amendment request is compatible with the uses authorized in, and the standards prescribed for, the zoning districts for which it is proposed. The request creates objective standards and guidelines to prevent adverse impacts to surrounding properties for Emergency Shelters. Listing Supportive Housing and Transitional Housing as permitted uses within Residential districts stipulates that Supportive Housing and Transitional Housing uses will be subject to the same development standards and processing requirements of other uses within Residential districts. 3. A community need is demonstrated for the change proposed because the 2008-2014 Housing Element identified that there currently is no emergency shelter to address the needs of homeless adults or families. Allowing Emergency Shelter uses within Industrial districts without the approval of a discretionary permit as well as the inclusion of Supportive Housing and Transitional Housing as allowed uses within Residential districts provides a wider range of housing types to address the needs of the citizens of Huntington Beach. 4. The adoption of the ordinances will be in conformity with public convenience, general welfare and good zoning practice. The zoning text amendment would allow for consideration of a greater range of housing types available to current and future citizens while requiring that these uses do not negatively impact surrounding properties. The proposed amendments of ZTA 2009-009 will comply with State Law pursuant to Senate Bill 2 and Program 20 of the 2008-2014 Housing Element. Attachment No, 1 ATTACHMENT #2 ORDINANCE NO. 3856 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 203 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TITLED DEFINITIONS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 203.06 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to add the following definitions: Emergency Shelter. Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. Supportive Housing. Housing with no limit on length of stay that is occupied by the target population and is linked to on-site or off-site services that assist residents retain the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. On-site and off-site services may include, but are not limited to, after-school tutoring, child care, and career counseling. Target Population. Persons.with low income having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Development Disabilities Services Act(Division 4.5 commencing with Section 4500 of the Welfare and Institutions Code) and may include, among other populations, adults, families, families with children, elderly persons, young adults aging out of the foster care system, individuals existing from institutional settings, veterans, or homeless people. Transitional Housing. Buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. SECTION 2. All other provisions of Chapter 203 not modified herein shall remain in full force and effect. SECTION 3. This ordinance shall become effective 30 days after its adoption. 09-2302/40422 1 Ordinance No. 3856 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of January ( 2010. M or ATTEST: APPROVED AS TO FORM: 40- City Cler City Attorney 11001 REVIEW PROVED: INITIAT D AND APPROVED: Cit A Mi istrator irector of Planning 09-2302/40422 2 Ord. No. 3856 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I,JOAN L. FLYNN,the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on December 21,2009 and was again read to said City Council at a regular meeting thereof held on January 19,2010, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Carchio, Hardy, Green, Bohr, Dwyer, Hansen NOES: None ABSENT: Coerper ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on January 28,2010. In accordance with the City Charter of said City Joan L. Flynn,City Clerk Vy Clerk and ex-offici Jerk Senior Deputy city clerk of the City Council of the City of Huntington Beach, California ATTACHMENT #3 1 ORDINANCE NO. 3857 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 204 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TITLED CLASSIFICATIONS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 204.06 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to add the following definitions: G. Supportive Housing. Housing with no limit on length of stay that is occupied by the target population and is linked to on-site or off-site services that assist residents retain the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. On-site and off-site services may include, but are not limited to, after-school tutoring,child care, and career counseling. Supportive housing uses are subject only to those restrictions and processing requirements that apply to other residential dwellings of the same type in the same zone. H. Transitional Housing. Temporary housing(generally six months to two years) for a homeless individual or family who is transitioning to permanent housing. This type of housing includes multi-family unit developments and often includes a supportive services component to allow individuals to gain necessary life skills in support of independent living. Transitional housing uses are subject only to those restrictions and processing requirements that apply to other residential dwellings of the same type in the same zone. SECTION 2. All other provisions of Chapter 204 not modified herein shall remain in full force and effect. SECTION 3. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of January , 100 2010. /dzz; ATTEST: APPROVED AS TO FORM: City Clerk �- City Attorney (� tol REVIE D APPROVED: IN17 AND APPROVED: C inistrator Direct r of Planning 09-2302/40904 Ord. No. 3857 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN,the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven;that the foregoing ordinance was read to said City Council at a regular meeting thereof held on December 21,2009 and was again read to said City Council at a regular meeting thereof held on January 19,2010 and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Carchio, ,Hardy, Green, Bohr, Dwyer, Hansen NOES: None ABSENT: Coerper ABSTAIN: None 1,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on January 28,2010. In accordance with the City Charter of said City Joan L. Flynn City Clerk CiV Clerk and ex-officio Jerk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California ATTACHMENT #4 ORDINANCE NO. 3858 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 210 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TITLED RESIDENTIAL DISTRICTS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 210.04 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 210.04 RL,RM,RMH, RH, and RMP Districts: Land Use Controls In the following schedules, letter designations are used as follows: "P" designates use classifications permitted in residential districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" that follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. "TU" designates use classifications allowed upon approval of a temporary use permit by the Zoning Administrator. (3334-6/97,3410-3/99) "P/IJ" designates that accessory uses are permitted,however, accessory uses are subject to approval of a conditional use permit if the primary use requires a conditional use permit. (3334-6/97,3410-M9) Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the zoning ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. 09-2302/40773 1 Ordinance No. 3858 RL, RM,RMH,RH,and P = Permitted RMP DISTRICTS: L = Limited(see Additional Provisions) (3334-6/97) LAND USE CONTROLS PC = Conditional use permit approved by Planning Commission ZA = Conditional use permit approved by Zoning Administrator TU = Temporary Use Permit P/U = Requires conditional use permit on site of conditional use = Not Permitted RL RM R1V H RMP Additional RH Provisions Residential Uses (A)(M)(Q) (3334£/97, 3410-3/99) Day Care, Ltd. P P P P Group Residential - - PC - Multi-family Residential (B)(C)(D)(R) (34103199, 3455-5/00) 2 -4 units ZA P P - (3334F/97, 3410-3/99) 5 -9 units ZA ZA ZA - (3334-6/97, 3410-3/99) 10 or more units PC PC PC - (33346/97, 3410-3/99) Manufactured Home Parks ZA ZA - ZA (E)(F) Residential, Alcohol Recovery, Ltd. P P P P Residential Care, Limited P P P P Single-Family Residential P P P P (B)(D)(F)(P)(R)(S) (3334-6/97, 3410-3/99, 3455-5100, 3832-7/09) Supportive Housing L-7 L-7 L-7 L-7 Transitional Housing L-7 L-7 L-7 L-7 Public and Semipublic (A)(0) (3334-6/97, 3410-3/99) Clubs& Lodges PC PC ZA ZA (3334-6197, 3410-3/99) Day Care, Large-family L-6 L-6 L-6 L-6 (3334-6197, 3761-2/07) Day Care, General L-1 ZA ZA ZA (333"/97, 3410-3/99) Park& Recreation Facilities L-2 L-2 L-2 L-2 (3334-6/97, 3410-3/99) Public Safety Facilities PC PC PC PC Religious Assembly L-3 PC PC PC (33346/97, 3410-3/99) Residential Care, General - L-1 PC PC (333"/97, 3410-3/99) Schools, Public or Private PC PC PC PC Utilities, Major PC PC PC PC Utilities, Minor P P P P 09-2302/40773 2 Ordinance No. 3858 Commercial Communication Facilities L-5 L-5 L-5 L-5 (3566-9102) Horticulture ZA ZA ZA ZA (3410-3/99) Nurseries ZA ZA ZA ZA (3410-3199) Visitor Accommodations Bed and Breakfast Inns - - L-4 - (3334-6/97, 3410-3/99) Accessory Uses P/U P/U P/U P/U (A)(G)(H)(I)(L)(M) (3334$/97, 3410-3199) Temporary Rises (.T)(M) (333"/97, 3410-3M) Commercial Filming, Limited P P P P Real Estate Sales P P P P (N) (3334-6/97, 3410- 3/99,3706-6/05) Personal Property Sales P P P P Street Fairs TU TU TU TU Nonconforming Uses (K)(L) RL, RM,R1Y H,RH,and RMP Districts: Additional Provisions L-1 A conditional use permit from the Planning Commission is required and only allowed on lots 1.0 acre(gross acreage) or greater fronting an arterial in RL District. L-2 Public facilities permitted,but a conditional use permit from the Zoning Administrator is required for private noncommercial facilities, including swim clubs and tennis clubs. L-3 A conditional use permit from the Planning Commission is required, and only schools operating in conjunction with religious services are permitted as an accessory use. A General Day Care facility may be allowed as a secondary use, subject to a conditional use permit, if the Planning Commission finds that it would be compatible with adjacent areas and not cause significant traffic impacts. L-4 A conditional use permit from the Zoning Administrator is required and only allowed on lots 10,000 sq. ft. or greater in RMH-A subdistrict. See also Section 230.42: Bed and Breakfast Inns. L-5 Only wireless communication facilities permitted subject to section 230.96 Wireless Communication Facilities. L-6 Neighborhood notification is required pursuant to Section 241.24. No architectural plans shall be required. L-7 Supportive Housing and Transitional Housing shall be considered a residential use of property and shall be subject only to those restrictions and processing 09-2302/40773 3 Ordinance No. 3858 requirements that apply to other residential dwellings of the same type in the same zone. (A) Any addition or modification subsequent to the original construction that would result in an increase in the amount of building area, or a structural or architectural alteration to the building exterior, shall require an amendment to the previously approved conditional use permit, if any, or approval of a new conditional use permit. (B) A conditional use permit from the Planning Commission is required for residential uses requesting reduction in standards for senior citizens (See Section 210.08), for affordable housing (See Sections 210.10 and 230.14), or for density bonus(See Section 230.14). (C) A conditional use permit from the Zoning Administrator is required for any multiple family residential development that: (1) abuts an arterial highway; (2) includes a dwelling unit more than 150 feet from a public street; or (3) includes buildings exceeding 25 feet in height. (D) See Section 210.12: Planned Unit Development Supplemental Standards. In addition, a conditional use permit is required for condominium conversion pursuant to Chapter 235. (E) See Section 210.14: RMP District Supplemental Standards. In addition, Neighborhood Notification pursuant to Chapter 241 is required for the addition of manufactured home space(s)to an existing Manufactured Home Park. (F) See Section 230.16: Manufactured Homes. (G) See Section 230.12: Home Occupation in R Districts. (14) See Section 230.08: Accessory Structures. (I) See Section 230.10: Accessory Dwelling Units. RI,, RM,RMH,RH, and RMP Districts: Additional Provisions (J) See Section 241.20: Temporary Use Permits. (K) See Chapter 236: Nonconforming Uses and Structures. (L) See Chapter 233: Signs. (M) Tents, trailers,vehicles, or temporary structures shall not be used for dwelling purposes. (N) See Section 230.18: Subdivision Sales Offices and Model Homes. (0) Limited to facilities on sites of fewer than 2 acres. 09-2302/40773 4 Ordinance No. 3858 (P) See Section 230.22: Residential Infill Lot Developments. (Q) See Section 230.20: Payment of Parkland Dedication In-Lieu Fee. (R) Small lot development standards for RM,RMH, and RH Districts. A conditional use permit from the Planning Commission is required for small lot residential subdivisions, including condominium maps for detached single family dwellings. See also Section 230.24: Small Lot Development Standards. (S) See Coastal Element Land Use Plan, Table C-2, for permitted uses,development requirements and restrictions applicable to development within Subarea 4K as depicted in Figures C-6a and C-10 of the Coastal Element Land Use Plan. Subdivision design and development within Subarea 4K shall incorporate the information from the plans and studies required in Table.C-2 for development of that Subarea. If there is a conflict between the requirements and restrictions of Table C-2 and other provisions of the Zoning and Subdivision Ordinance,the requirements and restrictions included in Table C-2 shall prevail. SECTION 2. All other provisions of Chapter 210 not modified herein shall remain in full force and effect. SECTION 3. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of January , ( 2-010. Ma or .30 ATTEST: APPROVED AS TO FORM: L*4i City Clerk V City Attorney REVIE APPROVED: INITIAT AN APPROVED: City d t istrator irector of Planning 09-2302/40773 5 Ord. No. 3858 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on December 21,2009, and was again read to said City Council at a regular meeting thereof held on January 19,2010, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Carchio, Hardy, Green, Bohr, Dwyer, Hansen NOES: None ABSENT: Coerper ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on January 28,2010. In accordance with the City Charter of said City Joan L. Flynn, ty Clerk - y Clerk and ex-offici Jerk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California ATTACHMENT #5 l ORDINANCE NO. 3859 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 211 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TITLED C COMMERCIAL DISTRICTS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 211.04 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 211.04 CO, CG,and CV Districts: Land Use Controls In the following schedules, letter designations are used as follows: "P" designates use classifications permitted in commercial districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" that follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. "TU" designates use classifications allowed upon approval of a temporary use permit. "P/U" for an accessory use means that the use is permitted on the site of a permitted use,but requires a conditional use permit on the site of a conditional use. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the Zoning Ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. P = Permitted CO, CG, L = Limited (see Additional Provisions) and CV PC = Conditional use permit approved by Planning Commission Districts ZA = Conditional use permit approved by Zoning Administrator Land Use TU = Temporary Use Permit Controls P/U = Requires conditional use permit on site of conditional use = Not Permitted 09-2302/40580 1 Ordinance No. 3859 CO CG CV Additional Provisions Residential (J)(Q)(R)(V) (3&U-"7) Group Residential PC PC PC (3334-6/97) Multifamily Residential - - PC (3334-W7) Public and Semipublic (J)(Q)(R)(V) (3334-6/97,3553--1402) Clubs and Lodges P P - (3334-W7,3707-&05) Community and Human Services Drug Abuse Centers - PC - Primary Health Care L l l L i t - (3522-2102) Emergency Kitchens. - L-2 - Emergency Shelters - L-2 - Residential Alcohol Recovery, General - PC - Residential Care, General ZA ZA - (3707-06/05) Convalescent Facilities ZA ZA - (3707-0&05) Cultural Institutions PC PC PC Day Care, General L-3 L-3 - (3707-06,05) Day Care, Large-Family P P - (Y) (3522-2/02) Emergency Health Care L-2 L-2 - (333"/97) Government Offices P P PC (3334-6/97) Heliports PC PC PC (B) Hospitals PC PC - (3334-6197) Park&Recreation Facilities L-9 L-9 L-9 Public Safety Facilities PC PC PC Religious Assembly ZA ZA - (3522-2102) (3522-2102) Schools, Public or Private PC PC - Utilities, Major PC PC PC Utilities,Minor P P P (L) P = Permitted CO,CG, L = Limited(see Additional Provisions) and CV PC = Conditional use permit approved by Planning Commission Districts ZA = Conditional use permit approved by Zoning Administrator Land Use TU = Temporary Use Permit Controls P/U = Requires conditional use permit on site of conditional use = Not Permitted CO CG CV Additional Provisions Commercial Uses (J)(Q)(R) (3341-0/96) Ambulance Services - ZA - Animal Sales& Services Animal Boarding - ZA - (3522-2/02) Animal Grooming - P - Animal Hospitals - ZA - (3522-2/02) Animals: Retail Sales - P - Equestrian Centers (CG Zone) - PC - (S) (3707-6/05) Pet Cemetery - PC - Artists` Studios P P P Banks and Savings & Loans P P P 09-2302/40580 2 Ordinance No. 3859 With Drive-Up Service P P P (3522-2/02) Building Materials and Services - P - Catering Services P P P Commercial Filming P P P (F) Commercial Recreation and Entertainment - PC PC (D) Communication Facilities L-13 L-13 L-13 (3568-9/02) Eating and Drinking Estab. L-4 L-4 L-4 (3522-2/02,3707-&05) W/Alcohol ZA ZA ZA (N)(Y) (3522-2/02) W/Drive Through - P P (3522-2/02,3707-6/05) W/Live Entertainment ZA ZA ZA (W)(Y) (3522-2/02) W/Dancing PC PC PC (H) W/Outdoor Dining ZA ZA ZA (X)(Y) (3522-2/02) Food&Beverage Sales - P L-2 W/Alcoholic Beverage Sales - ZA ZA (1) Funeral& Internment Services - ZA - Laboratories L-1 L-1 - Maintenance&Repair Services - P - Marine Sales and Services - P P Nurseries - ZA - Offices, Business &Professional P P P (3334-6/97) Pawn Shops - ZA - Personal Enrichment Services L-10 L-10 - (Y) (3522-2/02) Personal Services P P P Research&Development Services L-1 ZA Retail Sales - P P (U)(V) (3285-6/95,333"/97,3482-12/00) Secondhand Appliances/Clothing - P - Swap Meets, Indoor/Flea Markets - PC - (T) Swap Meets, Recurring - ZA - Tattoo Establishments - PC - Travel Services P P P P = Permitted CO,CG, L = Limited(see Additional Provisions) and CV PC = Conditional use permit approved by Planning Commission Districts ZA = Conditional use permit approved by Zoning Administrator Land Use TU = Temporary Use Permit Controls P/U = Requires conditional use permit on site of conditional use = Not Permitted CO CG CV Additional Provisions Vehicle Equipment/Sales& Services Automobile Rentals - L-8 L-8 L-12 Automobile Washing - ZA - (3707-6/05) Commercial Parking - ZA ZA (P) (3707F/05) Service Stations - PC PC (E) Vehicle Equip. Repair - L-5 - Vehicle Equip. Sales&Rentals ZA ZA - L-12 (3522-2/02) Vehicle Storage - ZA - (3707-6/05) Visitor Accommodations Bed& Breakfast Inns PC PC PC (K) (3707.6/05,3774-9/07 subject to approval by the CA Coastal Commission) 09-2302/40580 3 Ordinance No. 3859 Hotels, Motels - PC PC (I) (3334-6/97.3707-5//05, 3774-9/07-subject to approval by the CA Coastal Commission) Condominium—Hotel - - PC (Z) (3774-9/07,3707-9/07 subject to approval by the CA Coastal Commission) Fractional Ownership Hotel (3774-9/07-subject to approval by the CA Coastal Commission) Quasi Residential (3334-6/97 Timeshares - PC - (I)(J) (3334-6/97,3774-9/07 subject to approval by the CA Coastal Commission)) Residential Hotel - PC - (J) (33341/97,3774-9/07 subject to approval by the CA Coastal Commission)) Single Room Occupancy - PC - (3774-9/07,3774-9/07 subject to approval by the CA Coastal Commission)) Industrial (J)(Q)(R)(V) (33-4 7) Industry, Custom - L-6 L-6 Accessory Uses (J)(V) (3334-6/97) Accessory Uses& Structures P/U P/U P/U Temporary Uses (F)(J)(V) (3334-6/97) Animal Shows - TU - Circus and Carnivals and Festivals - TU - (3522-2/02) Commercial Filming, Limited - P P (M) Real Estate Sales P P P (3522-2/02,3707-6/05) Retail Sales, Outdoor - TU TU (M) (3522-2/02) Seasonal Sales TU TU TU (M) (3522-2102) Tent Event - P - (3522-2/02,3707-6/05) Trade Fairs - P - (3707-6/05) Nonconforming Uses (G)(J)(V) (3334-6/97) (Rest of page not used) 09-2302140580 4 Ordinance No.3859 CO,CG,and CV Districts: Additional Provisions L-1 Permitted if the space is 5,000 square feet or less; allowed with Neighborhood Notification pursuant to Chapter 241 if the laboratory space exceeds 5,000 square feet. L-2 Allowed with a conditional use permit from the Zoning Administrator if the space is 5,000 square feet or less; allowed with a conditional use permit from the Planning Commission if the space exceeds 5,000 square feet. (See Section 230.52 Emergency Shelters.) L-3 Allowed with a conditional use permit from the Zoning Administrator if the space is 2,500 square feet or less; allowed with a conditional use permit from the Planning Commission if the space exceeds 2,500 square feet. L-4 Permitted if greater than 300 feet from residential zone or use; if 300 feet or less from residential zone or use neighborhood notification is required pursuant to Chapter 241. L-5 Only "limited" facilities are allowed subject to approval of a conditional use permit from the Zoning Administrator, and body and fender shops are permitted only as part of a comprehensive automobile-service complex operated by a new vehicle dealer. L-6 Only "small-scale" facilities, as described in Use Classifications, are permitted with a maximum 7 persons employed full time in processing or treating retail products, limited to those sold on the premises. L-7 Repealed. L-8 On-site storage limited to two rental cars or two cars for lease. L-9 Public facilities permitted, but a conditional use permit from the Zoning Administrator is required for commercial facilities. L-10 Permitted if the space is 5,000 square feet or less; allowed with conditional use permit approval from the Zoning Administrator if space exceeds 5,000 square feet. In addition, Personal Enrichment uses within a retail building parked at a ratio of one (1) space per 200 square feet, shall require no additional parking provided the use complies with the following: • Maximum number of persons per classroom does not exceed the number of parking spaces allocated to the suite based upon the square footage of the building; and • The instruction area does not exceed 75 percent of total floor area of the personal enrichment building area. 09-2302/40580 5 Ordinance No.3859 L-I I Permitted if the space is 5,000 square feet or less; allowed with a conditional use permit from the Zoning Administrator if the space exceeds 5,000 square feet. L-12 Permitted for existing facilities proposing to expand up to 20% of existing floor area or display area. L-13 For wireless communication facilities see Section 230.96 Wireless Communication Facilities. All other communication facilities permitted. (A) Reserved. (B) See Section 230.40: Helicopter Takeoff and Landing Areas. (C) Repealed (D) See Section 230.38: Game Centers; Chapter 5.28: Dance Halls; Chapter 9.24: Card Rooms; Chapter 9.32: Poolrooms and Billiards; and Chapter 9.28: Pinball Machines. (E) See Section 230.32: Service Stations. (F) See Section 241.20: Temporary Use Permits (G) See Chapter 236:Nonconforming Uses and Structures. (H) For teen dancing facilities,bicycle racks or a special bicycle parking area shall be provided. These may not obstruct either the public sidewalk or the building entry. See also Chapter 5.28: Dancing Halls; Chapter 5.44:Restaurants - Amusement and Entertainment Premises, and Chapter 5.70:Adult Entertainment Businesses. (I) Only permitted on a major arterial street, and a passive or active outdoor recreational amenity shall be provided. (J) In the CV District the entire ground floor area and at least one-third of the total floor area shall be devoted to visitor-oriented uses as described in the certified Local Coastal Program Land Use Plan. Any use other than visitor serving commercial shall be located above the ground level, and a conditional use permit from the Planning Commission or the Zoning Administrator is required. Any use other than visitor serving commercial uses shall only be permitted if visitor serving uses are either provided prior to the other use or assured by deed restriction as part of the development. No office or residential uses shall be permitted in any visitor serving designation seaward of Pacific Coast Highway. (K) See Section 230.42: Bed and Breakfast Inns. (L) See Section 230.44: Recycling Operations. (M) Subject to approval by the Police Department,Public Works Department,Fire Department and the Director. See also Section 230.86 Seasonal Sales. 09-2302/40580 6 Ordinance No.3859 (N) The following businesses proposing to sell alcoholic beverages for on-site or off-site consumption are exempt from the conditional use permit process: (1) Retail markets with no more than 10 percent of the floor area devoted to sales, display, and storage of alcoholic beverages provided the sale of alcoholic beverages is not in conjunction with the sale of gasoline or other motor vehicle fuel. (2) Restaurants, Bars-and Liquor stores located 300 feet or more from any R or PS district, public or private school,church, or public use. (3) Florist shops offering the sale of a bottle of an alcoholic beverage together with a floral arrangement. (0) See Section 230.46: Single Room Occupancy. (P) See Chapter 231 for temporary and seasonal parking. (Q) Development of vacant land or additions of 10,000 square feet or more in floor area; or additions equal to or greater than 50% of the existing building's floor area; or additions to buildings on sites located within 300 feet of a residential zone or use for a permitted use requires approval of a conditional use permit from the Zoning Administrator. The Planning Director may refer any proposed addition to the Zoning Administrator if the proposed addition has.the potential to impact residents or tenants in the vicinity(e.g., increased noise, traffic). (R) Projects within 500 feet of a PS District see Chapter 244. (S) See Section 230.48: Equestrian Centers (T) See Section 230.50: Indoor Swap Meets/Flea Markets (U) See Section 230.94: Carts and Kiosks (V) In the coastal zone,the preferred retail sales uses are those identified in the Visitor Serving Commercial land use designation which provide opportunities for visitor-oriented commercial activities including specialty and beach related retail shops, restaurants, hotels, motels, theaters, museums, and related services. (W) Non-amplified live entertainment greater than 300 feet from a residential zone or use shall be permitted without a conditional use permit. (X) Outdoor dining with alcohol sales shall be permitted with a conditional use permit to the Zoning Administrator. Outdoor dining without alcohol sales that is 400 square feet or less shall be permitted without a conditional use permit. If over 400 square feet with no alcohol sales,Neighborhood Notification shall be required pursuant to Chapter 241. (Y) Neighborhood Notification requirements pursuant to Chapter 241. 09-2302/40580 7 Ordinance No.3859 (Z) In the CV District, Condominium-Hotels and/or Fractional Interest Hotels are allowed only at the Pacific City(Downtown Specific Plan District 7) and Waterfront(Downtown Specific Plan District 9) sites. Refer to Downtown Specific Plan. SECTION 2. All other provisions of Chapter 211 not modified herein shall remain in full force and effect. SECTION 3. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19 th day of January ,200 2010. or ATTEST: APPROVED AS TO FORM: City Clerk 01City Attorney REVIEWE APPROVED: INITIATED AND APPROVED: City i 'strator Director of lanning 09-2302/40580 8 Ord. No. 3859 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on December 21,2009 and was again read to said City Council at a regular meeting thereof held on January 19, 2010, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AWES: Carchio, Hardy, Green, Bohr, Dwyer, Hansen NOES: None ABSENT: Coerper ABSTAIN: None I,Joan L.Flynn,CITY CLERIC of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on January 28,2010. In accordance with the City Charter of said City Joan L. Flynn,01y Cler My Clerk and ex-offici Jerk Senior DeputXCity Clerk of the City Council of the City of Huntington Beach, California ATTACHMENT #6 ORDINANCE NO. 3860 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 212 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TITLED I INDUSTRIAL DISTRICTS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 212.04 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 212.04 IG and IL Districts: Land Use Controls In the following schedules, letter designations are used as follows: "P" designates use classifications permitted in the I districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" which follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. "TU" designates use classifications allowed upon approval of a temporary use permit by the Zoning Administrator. "P/U" for an accessory use means that the use is permitted on the site of a permitted use, but requires a conditional use permit on the site of a conditional use. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to requirements following the schedule or located elsewhere in this ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. IG AND IL P - Permitted DISTRICTS: L - Limited (see Additional Provisions) LAND USE PC - Conditional use permit approved by Planning Commission CONTROLS ZA - Conditional use permit approved by Zoning Administrator TU - Temporary Use Permit P/U - Requires conditional use permit on site of conditional use Not Permitted 09-2302/40628 1 Ordinance No.3860 Additional IG IL Provisions Residential Group Residential PC PC (J) Public and Semipublic (A)(M) Community and Human Service Facilities P P (L) Day Care, General ZA ZA Heliports PC PC (0) Maintenance& Service Facilities ZA ZA Public Safety Facilities P P Religious Assembly ZA ZA Schools, Public or Private L-6 L-6 Utilities, Major PC PC Utilities, Minor L-7 L-7 (P) Commercial Uses (D)(M) Ambulance Services ZA ZA Animal Sales and Services Animal Boarding ZA ZA Animal Hospitals ZA ZA Artists' Studios P P Banks and Savings and Loans L-1 L-1 Building Materials and Services P P Catering Services - P Commercial Filming ZA ZA Commercial Recreation and Entertainment L-2 L-2 Communication Facilities L-12 L-12 Eating&Drinking Establishments L-3 L-3 w/Live Entertainment ZA ZA (S)(U) Food& Beverage Sales ZA ZA Hospitals and Medical Clinics - PC Laboratories P P Maintenance & Repair Services P P Marine Sales and Services P P Nurseries P P Offices, Business & Professional L-1 L-1 (H) IG AND IL P - Permitted DISTRICTS: L - Limited(see Additional Provisions) LAND USE PC - Conditional use permit approved by Planning Commission CONTROLS ZA- Conditional use permit approved by Zoning Administrator TU- Temporary Use Permit P/U - Requires conditional use permit on site of conditional use Not Permitted 09-2302/40628 2 Ordinance No.3860 Additionnal IG IL Provisions Personal Enrichment L-9 L-9 (U) Personal Services L-I L-i Quasi Residential PC PC (K) Research&Development Services P P Sex Oriented Businesses L-11 L-11 (regulated by HBMC Chapter 5.70) Sex Oriented Businesses PC PC (R) (regulated by HBMC Chapters 5.24 & 5.60) Swap Meets, Indoor/Flea Markets PC PC (Q) Vehicle/Equipment Sales & Services Service Stations L-4 L-4 Vehicle/Equipment Repair P P Vehicle/Equip. Sales/Rentals L-5 L-5 Vehicle Storage P ZA (I) Visitor Accommodations ZA ZA Warehouse and Sales Outlets L-8 L-8 Industrial (See Chapter 204) (B)(M)(N) Industry, Custom P P Industry, General P P Industry, Limited P P Industry, R& D P P Wholesaling, Distribution& Storage P P Accessory Uses Accessory Uses and Structures P/U P/U (C) Temporary Uses Commercial Filming, Limited P P (T) Real Estate Sales P P Trade Fairs P P (E) Nonconforming Uses (F) IG AND IL Districts: Additional Provisions L-1 Only allowed upon approval of a conditional use permit by the Zoning Administrator for a mixed use project, subject to the following requirements: Minimum site area: 3 acres Maximum commercial space: 35 percent of the gross floor area and 50 percent of the ground floor area of buildings fronting on an arterial highway. 09-2302/40628 3 Ordinance No.3860 Phased development: 25 percent of the initial phase must be designed for industrial occupancy. For projects over 500,000 square feet,the initial phase must include 5 percent of the total amount of industrial space or 50,000 square feet of industrial space,whichever is greater. L-2 Allowed upon approval of a conditional use permit by the Zoning Administrator when designed and oriented for principal use by employees of the surrounding industrial development or when designed for general public use, after considering vehicular access and parking requirements. L-3 Allowed upon approval of a conditional use permit by the Zoning Administrator when in a free-standing structure or as a secondary use in a building provided that no more than 20 percent of the floor area is occupied by such a use. L-4 Only stations offering services primarily oriented to businesses located in an 1 District are allowed with a conditional use permit by the Planning Commission. L-5 No new or used automobile, truck or motorcycle retail sales are permitted. L-6 Only schools offering higher education curriculums are allowed with conditional use permit approval by the Planning Commission. No day care, elementary or secondary schools are permitted. L-7 Recycling Operations as an accessory use are permitted; recycling operations as a primary use are allowed upon approval of a conditional use permit by the Zoning Administrator. L-8 Allowed upon conditional use permit approval by the Planning Commission when a single building with a minimum area of 100,000 square feet is proposed on a site fronting an arterial. The primary tenant shall occupy a minimum 95%of the floor area and the remaining 5%may be occupied by secondary tenants. L-9 Permitted if the space is 5,000 square feet or less; allowed by Neighborhood Notification pursuant to Chapter 241 if the space is over 5,000 square feet. L-10 RESERVED L-11 Allowed subject to the following requirements: A. A proposed sex oriented business shall be at least five hundred feet(500') from any residential use, school,park and recreational facility, or any building used for religious assembly(collectively referred to as a"sensitive use")and at least seven hundred fifty feet(750') from another sex oriented business. For purposes of these requirements,all distances shall be measured from the lot line of the proposed sex oriented business to the lot line of the sensitive use or the other sex oriented business. The term "residential use" means any property zoned RL, RM, RMH, RH, RMP, and any properties with equivalent designations under any specific plan. To determine such distances the applicant shall submit for review a straight line drawing depicting the distances from the lot line of the parcel of land on which the sex oriented business is proposed which includes all the proposed parking and: 09-2302/40628 4 Ordinance No. 3860 I. the lot line of any other sex oriented business within seven hundred fifty feet(750') of the lot line of the proposed sex oriented business; and 2. the lot line of any building used for religious assembly, school, or park and recreational facility within five hundred(500') feet of the lot line of the proposed sex oriented business; and 3. the lot line of any parcel of land zoned RL, RM, RMH, RE,and RMP and any parcels of land with equivalent designations under any specific plans within five hundred feet(500')of the lot line of the proposed sex oriented business. B. The front facade of the building, including the entrance and signage, shall not be visible from any major, primary or secondary arterial street as designated by the Circulation Element of the General Plan adopted May, 1996, with the exception of Argosy Drive. C. Prior to or concurrently with applying for a building permit and/or a certificate of occupancy for the building,the applicant shall submit application for Planning Department Staff Review of a sex oriented business zoning permit with the drawing described in subsection A, a technical site plan, floor plans and building elevations, and application fee. Within ten(10)days of submittal, the Director shall determine if the application is complete. If the application is deemed incomplete,the applicant may resubmit a completed application within ten(10)days. Within thirty days of receipt of a completed application, the Director shall determine if the application complies with the applicable development and performance standards of the Huntington Beach Zoning and Subdivision Ordinance. Said standards include but are not limited to the following: 1. Chapter 203, Definitions; Chapter 212, Industrial Districts; Chapter 230, Site Standards; Chapter 231, Off-Street Parking &Loading Provisions; Chapter 232, Landscape Improvements; and Chapter 236,Nonconforming Uses and Structures. 2. Chapter 233.08(b), Signs. Signage shall conform to the standards of the Huntington Beach Zoning and Subdivision Ordinance Code except a. that such signs shall contain no suggestive or graphic language, photographs, silhouettes, drawings, statues, monuments, sign shapes or sign projections, or other graphic representations, whether clothed or unclothed, including without limitation representations that depict "specified anatomical areas" or "specified sexual activities"; and b. only the smallest of the signs permitted under Chapter 233.08(b) shall be visible from any major, primary or secondary arterial street, such streets shall be those designated in the Circulation Element of the General Plan adopted May, 1996, with the exception of Argosy Drive. 3. Compliance with Huntington Beach Municipal Code Chapter 5.70. 09-2302/40628 5 Ordinance No.3860 D. The Director shall grant or deny the application for a sex oriented business zoning permit for a sex oriented business. There shall be no administrative appeal from the granting or denial of a permit application thereby permitting the applicant to obtain prompt judicial review. E. Ten(10)working days prior to submittal of an application for a sex oriented business zoning permit for Staff Review,the applicant shall: (i) cause notice of the application to be printed in a newspaper of general circulation; and(ii)give mailed notice of the application to property owners within one thousand(1000')feet of the proposed location of the sex oriented business; and the City of Huntington Beach, Department of Community Development by first class mail. The notice of application shall include the following: 1. Name of applicant; 2. Location of proposed sex oriented business, including street address (if known) and/or lot and tract number; 3. Nature of the sex oriented business, including maximum height and square footage of the proposed development; 4. The City Hall telephone number for the Department of Community Development to call for viewing plans; 5. The date by which any comments must be received in writing by the Department of Community Development. This date shall be ten(10) working days from staff review submittal; and 6. The address of the Department of Community Development. F. A sex oriented business may not apply for a variance pursuant to Chapter 241 nor a special sign permit pursuant to Chapter 233. G. A sex oriented business zoning permit shall become null and void one year after its date of approval unless: 1. Construction has commenced or a Certificate of Occupancy has been issued, whichever comes first; or 2. The use is established. H. The validity of a sex oriented business zoning permit shall not be affected by changes in ownership or proprietorship provided that the new owner or proprietor promptly notifies the Director of the transfer. I. A sex oriented business zoning permit shall lapse if the exercise of rights granted by it is discontinued for 12 consecutive months. L-12 For wireless communication facilities see section 230.96 Wireless Communication Facilities. All other communication facilities permitted. (A) Repealed. 09-2302/40628 6 Ordinance No. 3860 (B) A conditional use permit from the Zoning Administrator is required for any new use or enlargement of an existing use, or exterior alterations and additions for an existing use located within 150 feet of an R district. The Director may waive this requirement if there is no substantial change in the character of the use which would affect adjacent residential property in an R District.) (C) Accessory office uses incidental to a primary industrial use are limited to 10 percent of the floor area of the primary industrial use. (D) Adjunct office and commercial space, not to exceed 25 percent of the floor area of the primary industrial use, is allowed with a conditional use permit from the Zoning Administrator,provided that it is intended primarily to serve employees of the industrial use,no exterior signs advertise the adjunct use, the adjunct use is physically separated from the primary industrial use, any retail sales are limited to goods manufactured on-site, and the primary industrial fronts on an arterial. (E) See Section 241.22: Temporary Use Permits. (F) See Chapter 236: Nonconforming Uses and Structures. (H) Medical/dental offices, insurance brokerage offices, and real estate brokerage offices, except for on-site leasing offices, are not permitted in any I District. Administrative, management,regional or headquarters offices for any permitted industrial use,which are not intended to serve the public,require a conditional use permit from the Zoning Administrator to occupy more than 10 percent of the total amount of space on the site of the industrial use.. (1) Automobile dismantling, storage and/or impound yards may be permitted subject to the approval of a conditional use permit by the Planning Commission and the following criteria: (a) The site shall not be located within 660 feet of an R district. (b) All special metal cutting and compacting equipment shall be completely screened from view. (c) Storage yards shall be enclosed by a solid 6-inch concrete block or masonry wall not less than 6 feet in height and set back a minimum 10 feet from abutting streets with the entire setback area permanently landscaped and maintained. (d) Items stacked in the storage yard shall not exceed the height of the screening walls or be visible from adjacent public streets. (J) Limited to facilities serving workers employed on-site. (K) Limited to: Single Room Occupancy uses (See Section 230.46). (L) Limited to Emergency Shelters (See Section 230.52 Emergency Shelters). 09-2302/40628 7 Ordinance No. 3860 (M) Development of vacant land and/or additions of 10,000 square feet or more in floor area; or additions equal to or greater than 50%of the existing building's floor area; or additions to buildings on sites located within 300 feet of a residential zone or use for a permitted use requires approval of a conditional use permit from the Zoning Administrator. The Planning - Director may refer any proposed addition to the Zoning Administrator if the proposed addition has the potential to impact residents or tenants in the vicinity(e.g., increased noise,traffic). (N) Major outdoor operations require conditional use permit approval by the Planning Commission. Major outside operations include storage yards and uses utilizing more than 1/3 of the site for outdoor operation. (0) See Section 230.40: Helicopter Takeoff and Landing Areas. (0) See Section 230.44: Recycling Operations. (Q) See Section 230.50: Indoor Swap Meets/Flea Markets (R) See L-I I(A)relating to locational restrictions. (S) Non-amplified live entertainment greater than 300 feet from a residential zone or use shall be permitted without a conditional use permit. (T) Subject to approval by the Police Department, Public Works Department, and Fire Department and the Planning Director. (U) Neighborhood notification requirements when no entitlement required pursuant to Chapter 241. SECTION 2. All other provisions of Chapter 212 not modified herein shall remain in full force and effect. SECTION 3. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of January , 200 2010. yo ATTEST: APPROVED AS TO FORM: Q City Clerk V ez.-City Attorney REVIEW APPROVED: INITIA D AND APPROVED: Ci inistrator 14-Dir ctor of flanning 09-2302/40628 8 Ord. No. 3860 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN,the duly elected,qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City,do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven;that the foregoing ordinance was read to said City Council at a regular meeting thereof held on December 21,2009, and was again read to said City Council at a regular meeting thereof held on January 19,2010, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Carchio, , Hardy, Green, Bohr, Dwyer, Hansen NOES: None ABSENT: Coerper ABSTAIN: None 1,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on January 28,2010.. In accordance with the City Charter of said City Joan L. Flynn,Cif Clerk My Clerk and ex-offici lerk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California ATTACHMENT #7 ORDINANCE NO. 3861 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 230 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TITLED SITE STANDARDS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 230.52 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 230.52 Emergency Shelters Emergency Shelters may be permitted subject to the following requirements: A. A single Emergency Shelter for 50 occupants, or a combination of multiple shelters with a combined capacity not to exceed 50 occupants, shall be permitted. Religious Assembly uses within an Industrial zone may establish Emergency Shelters for up to 30 occupants provided they meet the minimum development standards of the zone in which they are located. B. Stays at the Emergency Shelter facility shall be on a first-come first-serve basis with clients housed on-site. Clients must vacate the facility by 8:00 am each day and have no guaranteed bed for the next night. C. Maximum stay at the facility shall not exceed 120 days in a 365-day period. D. A minimum distance of 300 feet shall be maintained from any other Emergency Shelter, as measured from the property line. E. An on-site client intake and waiting area shall be provided in a location not adjacent to the public right-of-way, be fully screened from public view, and provide consideration for weather events including shade and rain cover. The waiting area shall contain a minimum area of 10 square feet per bed. F. Any provision of on-site outside storage shall be fully screened from public view. G. Exterior lighting shall be provided for the entire outdoor area of the site consistent with the Huntington Beach Zoning and Subdivision Ordinance. H. A minimum of one staff person per 15 beds shall be awake and on duty during facility hours of operation. 1. On-site parking shall be provided at the ratio of 1 space per staff member, plus 1 space for every five (5) beds and an additional 1/2 space for each bedroom designated for families with children. J. A Safety and Security Plan shall be submitted to the Director of Planning for review and approval. The site-specific Safety and Security Plan shall describe the following: 09-2302/407853 1 Ordinance No. 3861 1. Both on and off-site needs, including, but not limited to, the separation of individual male and female sleeping areas, provisions of family sleeping areas, and associated provisions of management. 2. Specific measures targeting the minimizing of client congregation in the vicinity of the facility during hours that clients are not allowed on-site. Goals and objectives are to be established to avoid disruption of adjacent and nearby uses. 3. Provisions of a system of management for daily admittance and discharge procedures. 4. Any counseling programs are to be provided with referrals to outside assistance agencies, and provide an annual report on a facility's activity to the City. 5. Clients are to be appropriately screened for admittance eligibility. 6. Refuse collections schedule to provide the timely removal of associated client litter and debris on and within the vicinity of the facility. K. A proposed Emergency Shelter offering immediate and short-term housing may provide supplemental services to homeless individuals or families. These services may include, but are not limited to,the following: 1. An indoor and/or outdoor recreation area. 2. A counseling center for job placement, educational, health care, legal or mental services, or similar services geared toward homeless clients. 3. Laundry facilities to serve the number of clients at the shelter. 4. Kitchen for the preparation of meals. 5. Dining hall. 6. Client storage area(i.e. for the overnight storage of bicycles and personal items). SECTION 2. All other provisions of Chapter 230 not modified herein shall remain in full force and effect. SECTION 3. This ordinance shall become effective 30 days after its adoption. 09-2302/407853 2 Ordinance No. 3861 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19 th day of January ,200 2 010. jjPaMo ATTEST: APPROVED AS TO FORM: QM-vd L ONI-MM.-W Ci Clerk City Attorney ( Ftt ( j� REVIE D APPROVED: WITIA ED AND APPROVED: �� // " inistrator Directo of Planning 09-2302/407853 3 Ord. No. 3861 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) 1, JOAN L. FLYNN,the duly elected,qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on December 21,2009 and was again read to said City Council at a regular meeting thereof held on January 19, 2010, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Carchio, Hardy, Green, Bohr, Dwyer, Hansen NOES: None ABSENT: Coerper ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on January 28,2010. In accordance with the City Charter of said City Joan L. Flynn, City Cler CVY Clerk and ex-officio lerk Senior Deputy CityClerk of the City Council of the City of Huntington Beach, California ATTACHMENT #8 KEY INSERTIONS: Double underline DELETIONS Stri�gl3 ORDINANCE NO. 3856 LEGISLATIVE DRAFT Chapter 2',Q3 Def�nti�n11 MR, (3248-6/95,3334-6/97,3482-12/00,3520-2/02,3568-9102, 3705-6/05,3756-1/07,3774-9/07) (Note: Ordinance No.3774-9/07 is subject to approval by the California Coastal Commission) Sections: 203.02 Applicability 203.04 Rules for Construction of Language 203.06 Definitions 203.02 Applicability The meaning and construction of words and phrases defined in this chapter shall apply throughout the zoning and subdivision ordinance, except where the context clearly indicates a different meaning or construction. 203.04 Rules for Construction of Language In addition to the General Provisions Chapter 1.04 of the Municipal Code, the following rules of construction shall apply: A. The particular shall control the general. B. Unless the context clearly indicates the contrary,the following conjunctions shall be interpreted as follows: 1. "And" indicates that all connected words or provisions shall apply. 2. "Or" indicates that the connected words or provisions apply singly. 3. "Either . . . or" indicates that the connected words or provisions shall apply singly but not in combination. 4. "And/or" indicates that the connected words or provisions may apply singly or in any combination. C. In case of conflict between the text and a diagram, the text shall control. D. All references to departments, commissions, boards, or other public agencies are to those of the City of Huntington Beach, unless otherwise indicated. E. All references to public officials are to those of the City of Huntington Beach, and include designated deputies of such officials, unless otherwise indicated. F. All references to days are to calendar days unless otherwise indicated. If a deadline falls on a weekend or City holiday, it shall be extended to the next working day. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 Page 1 of 17 09-2302/40575 KEY INSERTIONS: Double underline DELETIONSril� G. Chapter and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of any section hereof. H. The words "activities" and "facilities" include any part thereof. 203.06 Definitions Abutting. Having district boundaries or lot lines or combinations thereof in common. Access, Lateral. Public access along the coast. Access,Vertical. Public access from the nearest public roadway to the shoreline. Alley. A public or private way having an ultimate width of not less than 20 feet permanently reserved primarily for vehicular service access to the rear or side of properties otherwise abutting on a street. Alter. To make a change in the exterior appearance or the supporting members of a structure, such as bearing walls, columns, beams, or girders, that will prolong the life of the structure. Amendment. A change in the wording, context or substance of this ordinance, or a change in the district boundaries on the zoning map. Animal, Exotic. Any wild animal not customarily confined or cultivated by man for domestic or commercial purposes but kept as a pet or for display. Animal, Large. An animal larger than the largest breed of dogs. This term includes horses, cows, and other mammals customarily kept in corrals or stables. Animal, Small. An animal no larger than the largest breed of dogs. This term includes fish, birds, and mammals customarily kept in kennels. Antenna. Any structure, including but not limited to a monopole, tower,parabolic and/or disk shaped device in single or multiple combinations of either solid or mesh construction,. intended for the purposes of receiving or transmitting communications to or from another antenna, device or orbiting satellite, as well as all supporting equipment necessary to install or mount the antenna. Antenna, Amateur Radio. An antenna array and its associated support structure, such as a mast or tower, that is used for the purpose of transmitting and receiving radio signals in conjunction with an amateur station licensed by the Federal Communications Commission. Antenna, Communication. All types of receiving and transmitting antenna, except satellite dish antenna, including but not limited to cable television antenna, wireless communication antenna, FM digital communication antenna, microwave telephone communication antenna, amateur radio antenna, and short-wave communication antenna and other similar antenna. (3568-9/02) Antenna Height. The distance from the property's grade to the highest point of the antenna and its associated support structure when fully extended. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 Page 2 of 17 09-2302/40575 KEY INSERTIONS: Double underline DELETIONS S4il� Antenna, Satellite Dish. An antenna for the purpose of receiving or transmitting communications to or from an orbiting satellite. Antenna Whip. An antenna and its support structure consisting of a single, slender, rod- like element which is supported only at or near its base. Approach-Departure Path. The flight track of the helicopter as it approaches or departs from a designated takeoff and landing area, including a heliport, helipad, or helistop. Architectural Projections or Appurtenances. Features on a building which provide visual variation and/or relief but do not serve as interior or exterior living or working space. Area,Net Lot. The total horizontal area within the property lines of a parcel of land exclusive of all rights-of-way or easements which physically prohibit the surface use of that portion of the property for other than vehicular ingress and egress. Street Area to be dedicated 72r- 250' .57 .53 gross acre net acre 230' L 100' 100' �I 203-area.BMP LOT AREA Arterial. Any street, highway or road designated as an arterial street in the General Plan. Attached Structures. Two or more structures sharing a common wall or roof. Balcony. A platform that projects from the wall of a building, typically above the first level, and is surrounded by a rail balustrade or parapet. Basement. A story partly underground and having at least one-half of its height above the average adjoining grade. A basement shall be considered as a story if the vertical distance from the average adjoining grade to the ceiling is over four feet. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 Page 3 of 17 09-2302/40575 KEY INSERTIONS: Double underline DELETIONS Stri� Roof Second Story First Story Finished If this basement ceiling is more than 4'ft. from Grade Basement average adjoining finished L o m grade,the basement is considered a story. 203-BASE BASEMENT Bay Window. A window that projects out from an exterior wall. Bedroom. The term bedroom includes any room used principally for sleeping purposes, an all-purpose room, a study, a den, a room having 100 square feet or more of floor area or less than 50 percent of one wall open to an adjacent room or hallway. Blockface. The properties abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, unsubdivided land, watercourse, or city boundary. LU 203-BLK BL®CKFACE Boarding House. A building with not more than five guest rooms where lodging and meals are provided for not more than 10 persons, but shall not include rest homes or convalescent homes. Guest rooms numbering six or over shall be considered a hotel. Building. Any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, chattels, or property of any kind. Caretaker's quarters. A dwelling unit on the site of a commercial, industrial,public, or semipublic use, occupied by a guard or caretaker. Carport. A permanent roofed accessory structure with not more than two enclosed sides intended for vehicle storage. Cart/Kiosk. Any portable, non motorized unit used by a vendor as described in Section 230.94. (3248-6/95,3334-6/97;3482-12/00) Huntington Beach Zoning and Subdivision Ordinance Chapter 203 Page 4 of 17 09-2302/40575 KEY INSERTIONS: Double underline DELETIONS Str4�� Qi1y. The City of Huntington Beach. Clinic. An establishment where patients, who are not lodged overnight, are admitted for examination and treatment by one or more of a group of physicians, dentists, optometrists, psychologists, or social workers practicing together. Coastal Zone. A geographic zone adjacent to the shoreline,the boundaries of which are determined by the California Coastal Act of 1976, as amended. Collection Containers. Containers or buildings with a gross floor area of 500 square feet or less used for the deposit and storage of household articles or recyclables. Commission. The Huntington Beach Planning Commission. Community Apartment Prot. A project in which an individual interest inland is coupled with the right exclusively to occupy an individual unit, as provided in Section 11004 of the California Business and Professions Code. Completely Rebuilt. Rebuilding the nonconforming structure or use as it had legally existed immediately prior to its destruction. Conditional Use. A use of land that, due to the specific nature and unique characteristics of the use, requires special standards and discretionary review. Condominium. An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interior space in a residential, industrial or commercial building on the real property, such as an apartment, office or store. A condominium may include, in addition, a separate interest in other portions of the real property. Conforming Building. A building that fully meets the requirements of Title 17 (Building Regulations) and also conforms to all property-development regulations and requirements prescribed for the district in which it is located. Convenience Market. A retail use in conjunction with gasoline sales in which the sales room exceeds 200 square feet. Court. An outdoor, unenclosed area intended to provide light, air, and privacy for individual dwelling units in multi-family projects. Coverage, Lot or Site. The percentage of a lot or site covered by roofs, balconies, fireplaces, architectural projections, or overhangs extending more than 2.5 feet from a wall, decks more than 42 inches in height above grade, and stairs. Deck. A platform, either free-standing or attached to a building, but without a roof,that is supported by pillars, posts, or walls (see also Balcony). Demolition. The deliberate removal or destruction of the frame or foundation of any portion of a building or structure for the purpose of preparing the site for new construction or otherwise. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 Page 5 of 17 09-2302/40575 KEY INSERTIONS: Double underline DELETIONS Stfie kre Density Bonus. An increase in the proposed number of units of twenty-five percent(25%) or greater over the number permitted pursuant to the current zoning and general plan designation on the property. Director. The Director of Planning or his or her designee. (3520-2/02) Distribution Line. An electric power line bringing power from a distribution substation to consumers. District. A portion of the city within which the use of land and structures and the location, height, and bulk of structures are governed by this ordinance. The zoning ordinance establishes "base zoning districts" for residential, commercial, industrial,public and open space uses, and "overlay districts," which modify base district provisions and standards. Drilling. The digging or boring of a new well into the earth for the purpose of exploring for, developing or producing oil, gas or other hydrocarbons, or for the purpose of injecting water, steam or any other substance into the earth. Dwelling Multiple Unit. A building or buildings designed with two (2) or more dwelling units. Dwelling, Sinle Unit. A detached building designed primarily for use as a single dwelling, no portion of which is rented as a separate unit, except as permitted by this Code. Attached single family dwellings shall be considered as multi-family. Dwelling, AccessoKy Unit. A fully equipped dwelling unit which is ancillary and subordinate to a principle dwelling unit located on the same lot in the RL zone. Also known as second dwelling unit or"granny unit." Dwelling, Studio Unit. A dwelling unit consisting of 1 kitchen, 1 bathroom, and 1 combination living room and sleeping room. The gross floor area shall not exceed 500 square feet, or it shall be considered as a one bedroom unit. Also known as a single, a bachelor, or an efficiency unit. Dwelling. One or more habitable rooms with only one kitchen, and designed for occupancy as a unit by one or more persons living as a household unit with common access to all living, kitchen, and bathroom areas. Emergency Shelter. Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. Energy Facility. Any public or private processing, producing, generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal, or other sources of energy. Environmental Impact Report(EIR). A report complying with the requirements of the California Environmental Quality Act(CEQA) and its implementing guidelines. Environmentally Sensitive (habitat) Area. A wetland or any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 Page 6 of 17 09-2302/40575 KEY INSERTIONS: Double underline DELETIONS &*lam Exemption, Categorical. An exception from the requirements of the California Environmental Quality Act (CEQA) for a class of projects, which have been determined to not have a significant effect on the environment. Family. A single individual or two or more persons living together as a single housekeeping unit in a dwelling unit. Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors. (3334-6/97) Floor Area, Gross. The total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, and including halls, stairways, elevators shafts at each floor level, service and mechanical equipment rooms, and habitable basement or attic areas, but excluding area for vehicle parking and loading. Floor Area Ratio (FAR). Determined by dividing the gross floor area of all buildings on a lot by the area of that lot. FLOOR AREA MATT® FAR of 0.5 FAR of 1.0 FAR of 1.5 203-FAR FAR Frontage. The linear length of a building which contains a public entrance or a lot measured along the property line adjacent to a street or easement. Functional Capacity. The ability of an environmentally sensitive area to be self-sustaining and to maintain natural species diversity. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 Page 7 of 17 09-2302/40575 KEY INSERTIONS: Double underline DELETIONS cexgk General Plan. The City of Huntington Beach General Plan. Grade, Existing. The surface of the ground or pavement at a stated location as it exists prior to disturbance in preparation for a project regulated by this ordinance. Grade, Street. The top of the curb, or the top of the edge of the pavement or traveled way where no curb exists. Guest House. Living quarters within a main or an accessory building for the sole purpose of providing for persons employed on the premises, or for temporary use by guests of the occupants of the premises. Such quarters shall have no kitchen facilities, and shall be limited to one room, no greater than 500 square feet in size with no more than three plumbing fixtures. Height of Building. A vertical dimension measured from the top of the highest roof to the top of the subfloor/slab directly underneath. (See Section 230.72.) Helipad or Helistop. A heliport without auxiliary facilities such as waiting room, helicopter parking, fueling and maintenance equipment. Heliport. An area, either at ground level or elevated on a structure,that is used or intended to be used for the takeoff and landing of helicopters, and includes some or all the various facilities useful to helicopter operations, including helicopter parking, waiting room, fueling and maintenance equipment. Home Occupation. Business activity conducted in a dwelling unit in a residential district that is incidental to the principal residential use of a lot or site. Hotel Owner/Operator. The entity that owns and operates a hotel. If the hotel operator is separate from the hotel owner both are jointly and severally responsible for ensuring compliance with the requirements described in this LCP and/or recorded against the property, as well as jointly and severally liable for violations of said requirements and restrictions. (3774-9/07-subject to approval by the California Coastal Commission) Infill Lot Development. A lot contiguous to one or more existing single family residential units, excluding parcels separated by streets, a vacant parcel intended for single family development, or a parcel with an existing residential structure, which will have 50 percent or more square footage of habitable area removed in order to remodel or construct a detached single family unit. (3705-6/05) Illumination, Direct. Illumination by means of light that travels directly from its source to the viewer's eye. Illumination, Indirect. Illumination by means only of light cast upon an opaque surface from a concealed source. Incentives. Policies, programs or actions taken by the City designed to ensure that a development will be produced at a lower cost. Junk Yard. The use of a lot, or contiguous lots, or any portion thereof for the storage of junk, including scrap metal, or other scrap materials, and/or for the dismantling or wrecking of automobiles or other vehicles or machinery. Kennel. Any premises where four or more dogs or cats at least four months of age are kept for any purpose. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 Page 8 of 17 09-2302/40575 KEY INSERTIONS: Double underline DELETIONS S'o � Kitchenette or Kitchen. Any room or part of a room which is designed, built, used, or intended to be used for food preparation and dishwashing; but not including a bar, or similar room adjacent to or connected with a kitchen. Landscaping. An area devoted to or developed and maintained with native or exotic plantings, lawn, ground cover, gardens,trees, shrubs, and other plant materials, decorative outdoor landscape elements,pools, fountains, water features, paved or decorated surfaces of rock, stone, brick, block, or similar material (excluding driveways,parking, loading, or storage areas), and sculptural elements. Plants on rooftops,porches or in boxes attached to buildings are not considered landscaping. Landscaping, Interior. A landscaped area or areas within the shortest circumferential line defining the perimeter or exterior boundary of the parking or loading area, or similar paved area, excluding driveways or walkways providing access to the facility (as applied to parking and loading facilities or to similar paved areas). Landscaping, Perimeter. A landscaped area adjoining the exterior boundary of a parking or loading area, or similar paved area, excluding driveways or walkways which provide access to the facility. Perimeter Landscape T Interior Landscape -_ Interior Landscape Interior Landscape 20""" LANDSCAPING: PERIMETER INTERIOR Limited Use Overnight Visitor Accomodations. Any hotel, motel, or other similar facility that provides overnight visitor accommodations wherein a purchaser receives the right in perpetuity, for life, or a term of years, to the recurrent, exclusive use or occupancy of a lot, parcel, unit, room(s), or segment of the facility, annually or on some other seasonal or periodic basis, for a period of time that has been or will be allotted from the use or occupancy periods into which the facility has been divided and shall include, but not be limited to Timeshare, Condominium-Hotel, Fractional Ownership Hotel, or uses of a similar nature. (3774-9/07-subject to approval by the California Coastal Commission) Lodge . Any person other than a member of a family renting a room for living or sleeping purposes. Lot. Any numbered or lettered parcel shown on a recorded final map, record of survey pursuant to an approved division of land, or a parcel map and abuts a street, alley or recorded access easement. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 Page 9 of 17 09-2302/40575 KEY INSERTIONS: Double underline DELETIONS Erik,� STREET Reversed Corner Lot Interior Interior Interior Corner Lot Lot Lot w Lot Through w Lot CIO Interior Flag Interior Interior Corner Lot Lot Lot Lot Lot Reversed Corner Lot STREET ®� LOT TYPES 203-LOT Lot, Corner. A site bounded by two or more adjacent street lines that have an angle of intersection of not more than 135 degrees. Lot Depth. The horizontal distance from the midpoint of the front-lot line to the midpoint of the rear-lot line, or to the most distant point on any other lot line where there is no rear- lot line. Lot, Flag. A lot with developable area connected to a street by a narrow strip of land that includes a driveway. Lot or Property Line, Rear. A lot line, not a front lot line,that is parallel or approximately parallel to the front lot line. Where no lot line is within 45 degrees of being parallel to the front lot line, a line 10 feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, shall be deemed the rear lot line. Lot or Property Line, Front. The street property line adjacent to the front yard. Lot or Property Line, Interior. A lot line not abutting a street. Lot or Property Line, Side. Any lot line that is not a front lot line or a rear lot line. Lot or Property Line, Street. A lot line abutting a street. Lot, Reverse Corner. A corner lot,the side line of which is substantially a continuation of the front lot line of the lot to its rear. Lot, Street-Alley. An interior lot having frontage on a street and an alley. Lot, Through. A lot having frontage on two dedicated parallel or approximately parallel streets. Lot Width. The mean of the horizontal distance between the side lot lines measured at right angles to the lot depth at mid-points 20 feet from the front lot line and 20 feet from the rear lot line, or from the rearmost point of the lot depth in cases where there is no rear lot line. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 Page 10 of 17 09-2302/40575 KEY INSERTIONS: Double underline DELETIONS gtri� Front Lot Line Front Lot Line x X Q y o q J y Lot Width=(x+y)/2 LOT WIDTH 203-LOTW Lower Income Household. A household whose annual income is at or below eighty percent (80%) of Orange County median income as defined by the State of California Department of Housing and Community Development. Manufactured Home. A structure transportable in sections which is a minimum of 8 feet in width and 40 feet in length, built on a permanent chassis, and designed to be a dwelling with or without a permanent foundation. Manufactured home includes mobilehome. Mezzanine. An intermediate floor within a room containing not more than 33 percent of the floor area of the room. zaq---- Mezzanine:maximum 33 percent of floor area below. Floor Below 303-MEZ MEZZANINE Moderate Income Household. A household whose annual income is at or below one hundred twenty(120%)percent of Orange County median income as defined by the State of California Department of Housing and Community Development. Municipal Code. The Municipal Code of the City of Huntington Beach. Nep,ative Declaration. A written statement briefly describing the reasons that a proposed project will not have a significant impact on the environment which meets the requirements of the California Environmental Quality Act. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 203 Page 11 of 17 09-2302/40575 KEY INSERTIONS: Double underline DELETIONS k—� Neighborhood Notification. Notification process pursuant to Chapter 241 when no entitlements are required and the use requires such notification as stated in the Zoning and Subdivision Ordinance. (3705-6i05) Net Site Area. See Area, Net Lot. New Well. A new well bore or well hole established at the ground surface. Redrilling from the well bore or well hole of an existing well greater than 150 feet from the existing well bore shall constitute a new well. Nonconforming Structure. A structure that was lawfully erected but which does not conform with the current development standards. Nonconforming Use. A use of a structure or land that was lawfully established and maintained, but which does not conform with the current zoning ordinance. Off-Street Loading Facilities. A site or portion of a site devoted to the loading or unloading of motor vehicles or trailers, including loading berths, aisles, access drives, and landscaped areas. Off-Street Parking Facilities. A site or portion of a site devoted to the off-street parking of motor vehicles, including parking spaces, aisles, access drives, and landscaped areas. Oil operation. The use or maintenance of any installation, facility, or structure used, either directly or indirectly, to carry out or facilitate one or more of the following functions: drilling, rework, repair, redrilling, production, processing, extraction, assisted recovery, stimulation storage or shipping of oil gas or hydrocarbons from the subsurface of the earth. Oil operation site. The physical location where an oil operation is conducted. Open Space, Common. A usable open space within a residential development reserved for the exclusive use of residents of the development and their guests. Open Space, Private. A usable open space adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests. Open Space, Total. The sum of private and common open space. Open Space, Usable. Outdoor or unenclosed area on the ground, or on a balcony, deck, porch or terrace designed and accessible for outdoor living, recreation,pedestrian access or landscaping. Usable open space does not include parking facilities, driveways, utility or service areas, any required front or street side yard, any space with a dimension of less than 6 feet in any direction or an area of less than 60 square feet. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 Page 12 of 17 09-2302/40575 KEY INSERTIONS: Double underline DELETIONS Sle1lettgl� min min min 6 ft_ 0 10 ft. 10 ft. IPatio Terrace Balcony Front Yard Private Open Space Private Open Space Common Open Space USABLE OPEN SPACE Oversize Vehicle. Any vehicle which exceeds twenty-five (25) feet in length, seven (7) in width, seven (7) in height, or a weight of 10,000 pounds, motorized or nonmotorized. Oversize vehicle also includes any equipment or machinery regardless of size. Parking Structure. A structure used for parking or vehicles where parking spaces, turning radius, and drive aisles are incorporated within the structure. Patio. A paved court open to the sky. Permitted Use. A use of land that does not require approval of a conditional use permit or temporary use permit. Planned Unit Development PUDD. A large scale development of a parcel or of a combination of related parcels to be developed by a single owner or group of owners acting jointly, involving a related group of uses, planned as an entity and having a predominant developmental feature which serves to unify or organize development. Porch. An open or covered platform, usually having a separate roof, at an entrance to a dwelling, or an open or enclosed gallery or room, which is not heated or cooled,that is attached to the outside of a building. Private Property. Property owned in fee by an individual, corporation, partnership, or a group of individuals as opposed to public property. (3249-6/95,3334;3482-12/00) Project. Any proposal for new or changed use, or for new construction, alteration, or enlargement of any structure,that is subject to the provisions of this ordinance. Public Property. Property dedicated through acquisition or easement for public use which includes but is not limited to streets, alleys, parks, public right-of-ways, and sidewalks. (3249-6/95,3334-6/97;3482-12/00) Qualifying Senior Resident. A person who is 62 years of age or older. (Section 51.2 of the California Civil Code.) Remodel. The upgrade of the interior or exterior faces of a building or structure without altering to any degree the structural integrity. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 Page 13 of 17 09-2302/40575 KEY INSERTIONS: Double underline DELETIONS Stri� Residential Infill Lot. A residential infill lot is a parcel of land which, at the time of application for a building permit, is contiguous to one (1) or more existing developed single family residential properties and is: (3301-11/95,3334-6/97) 1. A vacant parcel intended for detached single family development, or (3301-11/95,3334-6/97) 2. A parcel with an existing residential structure which will have fifty percent (50%) or more square footage of the habitable area removed in order to construct a remodeled or new multistory detached single family dwelling unit. (3301-11/95,3334-6/97) Room, Habitable. A room meeting the requirements of the Uniform Building Code for sleeping, living, cooking, or dining purposes, excluding such enclosed places as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, attics, foyers, storage spaces, utility rooms, garages, and similar spaces. Senior Housing. Housing for a family in which at least one person per unit is 60 years old or older, or for a single person who is 60 years old or older. Setback Line. A line across the front, side, rear of any private or public property which delineates an area adjoining a property line in which erection of a building, fence, or other structure is prohibited except as otherwise provided in the zoning ordinance. Significant Disruption. Having a substantial adverse effect upon the functional capacity. Single Ownership. Holding record title, possession under a contract to purchase, or possession under a lease, by a person, firm, corporation, or partnership, individually, jointly, in common, or in any other manner where the property is or will be under unitary or unified control. Site. A lot, or group of contiguous lots not divided by an alley, street, other right-of-way, or city limit,that is proposed for development in accord with the provisions of this ordinance, and is in a single ownership or has multiple owners, all of whom join in an application for development. Specific Event. A short term temporary use of public property as defined in Section 5.68.010. (3249-6/95,3334-6-97;3482-12100) Specific Plan. A plan for a defined geographic area that is consistent with the General Plan and with the provisions of the California Government Code, Section 65450 et seq. (Specific Plans). Stock Cooperative. A corporation formed for the primary purpose of holding title to, either in fee simple or for a term of years, any real property where the shareholders of the corporation receive a right of exclusive occupancy in a portion of such real property and where the right of occupancy is only transferable by the transfer of shares of stock in the corporation. Story. That portion of a building included between the surface of any floor and the surface of the floor or finished undersurface of the roof directly above it. Structure. Anything constructed or erected that requires a location on the ground, excluding patios, walks, access drives, or similar paved areas. (3705-6/05) Huntington Beach Zoning and Subdivision Ordinance Chapter 203 Page 14 of 17 09-2302/40575 KEY INSERTIONS: Double underline DELETIONS S4ike gk Structure, Accessory. A structure that is appropriate, subordinate and customarily incidental to the main structure of the site and which is located on the same site as the main structure, including swimming pools, garages, gazebos and patio covers. (3705-6/05) Structure, Minor Accessory. An accessory structure that does not exceed 64 square feet in floor area, 80 square feet in roof area and a height of six feet, including storage sheds, pet shelters,playhouses, and decorative elements. (3705-6/05) Supportive Housing. Housing with no limit on length of stay that is occupied by the target population and is liked to on-site or off-site services that assist residents retain the housing. improving his or her health status, and maximizing his or her ability to live and,when possible, work in the community. On-site or off-site services may include, but are not limited to, after-school tutoring, child care, and career counseling. Takeoff and Landing Area. That area of the helicopter facility where the helicopter actually lands and takes off. Target Population. Person with low income having one or more disabilities, including mental illness HIV or AIDS substance abuse or other chronic health conditions or individuals eligible for services provided under the Lanterman Development Disabilities Services Act (Division 4.5 commencing with Section 4500 of the Welfare and Institutions Code) and may include, among other populations adults families familes with children elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, or homeless people. Transitional Housing. Buildings configured as rental housing developments,but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. Transmission Line. An electric power line bringing power to a receiving or distribution substation. Usable Satellite Signals. Satellite signals from all major communication satellites that, when viewed on a conventional television set, are at least equal in picture quality to those received from local commercial television stations or by way of cable televisions. Use, Accessory. A use that is appropriate, subordinate, and customarily incidental to the main use of the site and which is located on the same site as the main use. Value. The monetary worth of a structure determined by the valuation figures used by the Director for the purpose of calculating building permit fees. Vehicle Storage. The business of storing or safekeeping of operative and inoperative vehicles for periods of time greater than a 24 hour period. (3756-1/07) Very Low Income Household. A household whose annual income is at or below fifty (50%)percent of Orange County median income as defined by the State of California Department of Housing and Community Development. Wetbar. A fixed installation within a dwelling unit providing cold and/or hot water to a single sink without a garbage disposal at a location other than a kitchen or laundry. A wetbar area shall not include a stove, range, or similar appliance usually found in a kitchen, and if such wetbar is located in a room or a portion of a room with a stove,hot plate, range, oven or other type of kitchen facility, it shall be deemed a separate kitchen. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 Page 15 of 17 09-2302/40575 KEY INSERTIONS: Double underline DELETIONS &6� Wetland. Lands within the coastal zone which maybe covered periodically or permanently with shallow water and include salt water marshes, fresh water marshes, open or closed brackish water marshes, swamps, mudflats, and fens. Window, Required. An exterior opening in a habitable room meeting the area requirements of the Uniform Building Code. Yard. An open space on the same site as a structure, unoccupied and unobstructed by structures from the ground upward except as otherwise provided in this ordinance, including a front yard, side yard, or rear yard. Yard, Front. An area between the front lot line and the front setback line extending across the full width of a site. The front yard of a corner lot shall adjoin the shortest street property line along its entire length. Where one street property line is at least 75 percent of the length of the other street property line,the Director shall determine the location of the front yard. Yard, Rear. An area between the rear lot line and the rear setback line extending across the full width of a site. On a corner lot the rear yard shall extend only to the side yard abutting the street. Yard, Side. An area between the rear setback line and the front setback line and between the side property line and side setback line. The side yard on the street side of a corner lot shall extend to the rear lot line. Zoning Ordinance. The Zoning Ordinance of the City of Huntington Beach. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 Page 16 of 17 09-2302/40575 KEY INSERTIONS: Double underline DELETIONS Stfi I3 J REAR YARD STREET r FRONT YARD LOT LINE L„ LOT LINES w 777-777777,j LU w ? N W LU ❑ W I J N ❑ N I N Cn I ,Z5F< i I I 9�0 0 I L- ,w w� I Uj rn stt. <ttu Cie r M iu sr>:u>.stt, (n ..�..'� .�:rs ,...... .. STREET FRONT YARD ,STREET FRONT YARD STREET FRONT YARD CORNER LOT EXAMPLES . REAR YARD f.REARYARD REAR YARD Imo --- QI I ❑ I — SIDE }' 1 } YAR of I o I I N I I _ 1 I SIDEYARDS I STREET ILFRONT YARD STREET tFRONTYARD STREET FRONT YARD INTERIOR LOT EXAMPLES AARD—S-*-\ REAR YARD .�LOT LINES SIDE YAR I LEGEND BUILDING(ZONING)ENVELOPE STREET I=;: L _ _ — (TWO DIMENSIONAL) ' LOT LINES iiZttitx=.Xv tt,N +�i eTia wiaw `»t Y — — FRONT YARD a STREET FRONT YARD SIDE YARD ODD - SHAPED LOT EXAMPLES REQUIRED YARDS Huntington Beach Zoning and Subdivision Ordinance Chapter 203 Page 17 of 17 09-2302/40575 ATTACHMENT #9) KEY INSERTIONS: Double underline ORDINANCE NO. 3857 DELETIONS S#Wetl LEGISLATIVE DRAFT =64pt�`r � Ilse Clas ' ca00om 'v : (3334-6/97,3378-2/98,3521-2/02, 3568-9102,3669-12/04, Emergency Ord.3703-3/05,3724-02/06,3757-1/07,3774-9/07) (Note: Ordinance No.3774-9/07 is subject to approval by the California Coastal Commission,3788-12/07) Sections: 204.02 Applicability 204.04 Uses Not Classified 204.06 Residential Use Classifications 204.08 Public and Semipublic Use Classifications 204.10 Commercial Use Classifications 204.12 Industrial Use Classifications 204.14 Accessory Use Classifications 204.16 Temporary Use Classifications 204.02 Applicability Use classifications describe one or more uses having similar characteristics, but do not list every use or activity that may appropriately be within the classification. The Director shall determine whether a specific use shall be deemed to be within one or more use classifications or not within any classification in this Title. The Director may determine that a specific use shall not be deemed to be within a classification, if its characteristics are substantially different than those typical of uses named within the classification. The Director's decision may be appealed to the Planning Commission. (3334-6/97) 204.04 Uses Not Classified Any new use, or any use that cannot be clearly determined to be in an existing use classification,may be incorporated into the zoning provisions by a Zoning and Subdivision Ordinance text amendment, as provided in Chapter 247. Such an incorporation shall not be effective unless certified by the Coastal Commission as a Local Coastal Program amendment. (3334-6/97) 204.06 Residential Use Classifications A. Day Care, Limited (or Small-Family). Non-medical care and supervision of six or fewer persons, or eight or fewer persons if two of the persons are six years of age or older, on a less than 24-hour basis. Children under the age of 10 years who reside in the home shall be counted for purposes of these limits. This classification includes nursery schools,preschools, and day-care centers for children and adults. (3334-6/97,3669-12/04) B. Group Residential. Shared living quarters without separate kitchen or bathroom facilities for each room or unit. This classification includes boarding houses,but excludes residential hotels or motels. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 Page 1 of 12 09-2302/40576 KEY INSERTIONS: Double underline DELETIONS S#iledffeegh C. Multifamily Residential. Two or more dwelling units on a site. This classification includes manufactured homes. (3334-6/97) D. Residential Alcohol Recovery, Limited. Twenty-four-hour care for no more than six persons suffering from alcohol problems in need of personal services, supervision,protection or assistance. This classification includes only those facilities licensed by the State of California. (3334-6/97) E. Residential Care, Limited. Twenty-four-hour non-medical care for 6 or fewer persons in need of personal services, supervision,protection, or assistance essential for sustaining the activities of daily living. This classification includes only those services and facilities licensed by the State of California. (3334-6/97) F. Single-Family Residential. Buildings containing one dwelling unit located on a single lot. This classification includes manufactured homes. (3334-6/97) G. Supportive Housing. Housing with no limit on length of stay that is occupied by the target population and is liked to on-site or off-site services that assist residents retain the housing, improving his or her health status and maximizing his or her ability to live and, when possible, work in the community. On-site or off-site services may include. but are not limited to. after-school tutoring, child care, and career counseling. Supportive housing uses are subject only to those restrictions and processing requirements that a ly to other residential dwellings of the same type in the same zone. H. Transitional Housing. Temporary housing (generally six months to two years) for a homeless individual or family who is transitioning to permanent housing. This We of housing includes multi-family unit developments and often includes a supportive services component to allow individuals to gain necessary life skills in support of independent living. Transitional housing uses are subiect onlv to those restrictions and processing requirements that apply to other residential dwellings of the same type in the same zone. 204.08 Public and Seinipublic Use Classifications A. Cemetery. Land used or intended to be used for the burial of human remains and dedicated for cemetery purposes. Cemetery purposes include columbariums, crematoriums, mausoleums, and mortuaries operated in conjunction with the cemetery, business and administrative offices, chapels, flower shops, and necessary maintenance facilities. (3334-6/97) B. Clubs and Lodges. Meeting, recreational, or social facilities of a private or nonprofit organization primarily for use by members or guests. This classification includes union halls, social clubs and youth centers. (3334-6/97) C. Community and Human Service Facilities. l. D_ ruiz Abuse Centers. Facilities offering drop-in services for persons suffering from drug abuse, including treatment and counseling without provision for on-site residence or confinement. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 Page 2 of 12 09-2302/40576 KEY INSERTIONS: Double underline DELETIONSttilcett}raugl3 2. Primary Health Care. Medical services, including clinics, counseling and referral services, to persons afflicted with bodily or mental disease or injury without provision for on-site residence or confinement. (3334-6/97) 3. Emergency Kitchens. Establishments offering food for the "homeless" and others in need. (3334-6/97) 4. Emergency Shelters. Establishments offering food and shelter programs for "homeless" people and others in need. This classification does not include facilities licensed for residential care, as defined by the State of California, which provide supervision of daily activities. (3334-6/97) 5. Residential Alcohol Recovery, General. Facilities providing 24-hour care for more than six persons suffering from alcohol problems, in need of personal services, supervision, protection or assistance. These facilities may include an inebriate reception center as well as facilities for treatment, training, research, and administrative services for program participants and employees. This classification includes only those facilities licensed by the State of California. (3334-6/97) 6. Residential Care, General. Twenty-four-hour non-medical care for seven or more persons, including wards of the juvenile court, in need of personal services, supervision,protection, or assistance essential for sustaining the activities of daily living. This classification includes only those facilities licensed by the State of California. (3334-6/97) D. Convalescent Facilities. Establishments providing care on a 24-hour basis for persons requiring regular medical attention, but excluding facilities providing surgical or emergency medical services. (3334-6/97) E. Cultural Institutions. Nonprofit institutions displaying or preserving objects of interest in one or more of the arts or sciences. This classification includes libraries, museums, and art galleries. (3334-6/97) F. Day Care, Large-Family. Non-medical care and supervision for 7 to 12 persons, or up to 14 persons if two of the persons are six years of age or older on a less than 24-hour basis. Children under the age of 10 years who reside in the home shall be counted for purposes of these limits. (3334-6/97,3669-12/04) G. Day Care, General. Non-medical care for 13 or more persons on a less than 24-hour basis. This classification includes nursery schools, preschools, and day-care centers for children or adults. (3334-6/97,3669-12/04) H. Emergency Health Care. Facilities providing emergency medical service with no provision for continuing care on an inpatient basis. (3334-6/97) I. Government Offices. Administrative, clerical, or public contact offices of a government agency, including postal facilities,together with incidental storage and maintenance of vehicles. (3334-6197) J. Heliports. Pads and facilities enabling takeoffs and landings by helicopter. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 Page 3 of 12 09-2302/40576 KEY INSERTIONS: Double underline DELETIONS Str4 gh K. Hospitals. Facilities providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons,primarily on an inpatient basis. This classification includes incidental facilities for out-patient treatment, as well as training, research, and administrative services for patients and employees. (3334-6/97) L. Maintenance and Service Facilities. Facilities providing maintenance and repair services for vehicles and equipment, and materials storage areas. This classification includes corporation yards, equipment service centers, and similar facilities. (3334-6/97) M. Marinas. A boat basin with docks, mooring facilities, supplies and equipment for small boats. (3334-6/97) N. Park and Recreation Facilities. Noncommercial parks,playgrounds, recreation facilities, and open spaces. (3334-6/97) O. Public Safety Facilities. Facilities for public safety and emergency services, including police and fire protection. (3334-6/97) P. Religious Assembly. Facilities for religious worship and incidental religious education, but not including private schools as defined in this section. (3334-6/97) Q. Schools, Public or Private. Educational institutions having a curriculum comparable to that required in the public schools of the State of California. (3334-6/97) R. Utilities,Major. Generating plants, electrical substations, above-ground electrical transmission lines, switching buildings, refuse collection,transfer, recycling or disposal facilities, flood control or drainage facilities, water or wastewater treatment plants, transportation or communications utilities, and similar facilities of public agencies or public utilities. (3334-6197) S. Utilities, Minor. Utility facilities that are necessary to support legally established uses and involve only minor structures such as electrical distribution lines, underground water and sewer lines, and recycling and collection containers. (3334-6/97) 204.10 Commercial Use Classifications A. Ambulance Services. Provision of emergency medical care or transportation, including incidental storage and maintenance of vehicles as regulated by Chapter 5.20. (3334-6/97,3378-2/98) B. Animal Sales and Services. 1. Animal Boarding. Provision of shelter and care for small animals on a commercial basis. This classification includes activities such as feeding, exercising, grooming, and incidental medical care, and kennels. (3334-6/97) 2. Animal Grooming. Provision of bathing and trimming services for small animals on a commercial basis. This classification includes boarding for a maximum period of 48 hours. (3334-6197) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 Page 4 of 12 09-2302/40576 KEY INSERTIONS: Double underline DELETIONS 84ike gk 3. Animal Hospitals. Establishments where small animals receive medical and surgical treatment. This classification includes only facilities that are entirely enclosed, soundproofed, and air- conditioned. Grooming and temporary(maximum 30 days)boarding of animals are included, if incidental to the hospital use. (3334-6/97) 4. Animals: Retail Sales. Retail sales and boarding of small animals, provided such activities take place within an entirely enclosed building. This classification includes grooming, if incidental to the retail use, and boarding of animals not offered for sale for a maximum period of 48 hours. (3334-6/97) 5. Equestrian Centers. Establishments offering facilities for instruction in horseback riding, including rings, stables, and exercise areas. (3334-6/97) 6. Pet Cemetery. Land used or intended to be used for the burial of animals, ashes or remains of dead animals, including placement or erection of markers, headstones or monuments over such places of burial. (3334-6/97) C. Artists' Studios. Work space for artists and artisans, including individuals practicing one of the fine arts or performing arts, or skilled in an applied art or craft. (3334-6/97) D. Banks and Savinjzs and Loans. Financial institutions that provide retail banking services to individuals and businesses. This classification includes only those institutions engaged in the on-site circulation of cash money. It also includes businesses offering check-cashing facilities.(3334-6/97,3378-2/98) 1. With Drive-Lip Service. Institutions providing services accessible to persons who remain in their automobiles. (3334-6/97) E. Building Materials and Services. Retailing, wholesaling, or rental of building supplies or equipment. This classification includes lumber yards, tool and equipment sales or rental establishments, and building contractors' yards, but excludes establishments devoted exclusively to retail sales of paint and hardware, and activities classified under Vehicle/Equipment Sales and Services. (3334-6/97,3378-2/98) F. Catering Services. Preparation and delivery of food and beverages for off- site consumption without provision for on-site pickup or consumption. (See also Eating and Drinking Establishments.) (3334-6/97,3378-2/98) G. Commercial Filming. Commercial motion picture or video photography at the same location more than six days per quarter of a calendar year. (See also Chapter 5.54, Commercial Photography) (3334-6/97,3378-2/98) H. Commercial Recreation and Entertainment. Provision of participant or spectator recreation or entertainment. This classification includes theaters, sports stadiums and arenas, amusement parks, bowling alleys, billiard parlors and poolrooms as regulated by Chapter 9.32; dance halls as regulated by Chapter 5.28; ice/roller skating rinks, golf courses, miniature golf courses, scale-model courses, shooting galleries,tennis/racquetball courts, health/fitness clubs, pinball arcades or electronic games centers, cyber cafe having more than 4 coin-operated game machines as regulated by Chapter Huntington Beach Zoning and Subdivision Ordinance Chapter 204 Page 5 of 12 09-2302/40576 KEY INSERTIONS: Double underline DELETIONS Stfi gb 9.28; card rooms as regulated by Chapter 9.24; and fortune telling as regulated by Chapter 5.72. (3334-6/97,3378-2/98,3669-12/04) 1. Limited. Indoor movie theaters, game centers and performing arts theaters and health/fitness clubs occupying less than 2,500 square feet. (3334-6/97) I. Communications Facilities. Broadcasting, recording, and other communication services accomplished through electronic or telephonic mechanisms, but excluding Utilities(Major). This classification includes radio, television, or recording studios; telephone switching centers; telegraph offices; and wireless communication facilities. (3334-6/97,3378-2/98,3568-9/02) J. Eating and Drinking Establishments. Businesses serving prepared food or beverages for consumption on or off the premises. (3334-6/97,3378-2/98) 1. With Fast-Food or Take-Out Service. Establishments where patrons order and pay for their food at a counter or window before it is consumed and may either pick up or be served such food at a table or take it off-site for consumption. (3334-6/97) a. Drive-through. Service from a building to persons in vehicles through an outdoor service window. (3334-6/97) b. Limited. Establishments that do not serve persons in vehicles or at a table. (3334-6/97) 2. With Live Entertainment/Dancing. An eating or drinking establishment where dancing and/or live entertainment is allowed. This classification includes nightclubs subject to the requirements of Chapter 5.44 of the Municipal Code. (3334-6/97) K. Food and Beverage Sales. Retail sales of food and beverages for off-site preparation and consumption. Typical uses include groceries, liquor stores, or delicatessens. Establishments at which 20 percent or more of the transactions are sales of prepared food for on-site or take-out consumption shall be classified as Catering Services or Eating and Drinking Establishments. (3334-6197,3378-2/98) 1. With Alcoholic Beverage Sales. Establishments where more than 10 percent of the floor area is devoted to sales, display and storage of alcoholic beverages. (3334-6/97) L. Food Processing. Establishments primarily engaged in the manufacturing or processing of food or beverages for human consumption and wholesale distribution. (3334-6/97,3378-2/98) M. Funeral and Interment Services. Establishments primarily engaged in the provision of services involving the care, preparation or disposition of human dead other than in cemeteries. Typical uses include crematories, columbariums, mausoleums or mortuaries. (3334-6/97,3378-2/98) N. Horticulture. The raising of fruits, vegetables, flowers,trees, and shrubs as a commercial enterprise. (3334-6/97,3378-2/98) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 Page 6 of 12 09-2302/40576 KEY INSERTIONS: Double underline DELETIONS S�� O. Laboratories. Establishments providing medical or dental laboratory services; or establishments with less than 2,000 square feet providing photographic, analytical, or testing services. Other laboratories are classified as Limited Industry. (3334-6/97,3378-2/98) P. Maintenance and Repair Services. Establishments providing appliance repair, office machine repair, or building maintenance services. This classification excludes maintenance and repair of vehicles or boats; see (Vehicle/Equipment Repair). (3334-6/97) Q. Marine Sales and Services. Establishments providing supplies and equipment for shipping or related services or pleasure boating. Typical uses include chandleries, yacht brokerage and sales, boat yards, boat docks, and Sall-making lofts. (3334-6/97,3378-2/98) R. Reserved. (3788-12/07) S. Nurseries. Establishments in which all merchandise other than plants is kept within an enclosed building or a fully screened enclosure, and fertilizer of any type is stored and sold in package form only. (3334-6/97,3378-2/98) T. Offices, Business and Professional. Offices of firms or organizations providing professional, executive, management, or administrative services, such as architectural, engineering, graphic design, interior design,real estate, insurance, investment, legal,veterinary, and medical/dental offices. This classification includes medical/dental laboratories incidental to an office use, but excludes banks and savings and loan associations. (3334-6/97,3378-2/98) U. Pawn Shops. Establishments engaged in the buying or selling of new or secondhand merchandise and offering loans secured by personal property and subject to Chapter 5.36 of the Municipal Code. (3334-6/97,3378-2/98) V. Personal Enrichment Services. Provision of instructional services or facilities, including photography, fine arts, crafts, dance or music studios, driving schools, business and trade schools, and diet centers, reducing salons, fitness studios,yoga or martial arts studios, and massage in conjunction with Personal Services business. (3334-6/97,3378-2/98,3669-12/04) W. Personal Services. Provision of recurrently needed services of a personal nature. This classification includes barber and beauty shops, seamstresses, tailors, shoe repair shops, dry-cleaning businesses (excluding large-scale bulk cleaning plants),photo-copying, and self-service laundries. (3334-6/97,3378-2/98) X. Research and Development Services. Establishments primarily engaged in industrial or scientific research, including limited product testing. This classification includes electron research firms or pharmaceutical research laboratories, but excludes manufacturing, except of prototypes, or medical testing and analysis. (3334-6/97,3378-2/98) Y. Retail Sales. The retail sale of merchandise not specifically listed under another use classification. This classification includes department stores, Huntington Beach Zoning and Subdivision Ordinance Chapter 204 Page 7 of 12 09-2302/40576 KEY INSERTIONS: Double underline DELETIONS &T-il� drug stores, clothing stores, and furniture stores, and businesses retailing the following goods: toys, hobby materials, handcrafted items,jewelry, cameras, photographic supplies, medical supplies and equipment, electronic equipment, records, sporting goods, surfing boards and equipment, kitchen utensils, hardware, appliances, antiques, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies,bicycles, and new automotive parts and accessories (excluding service and installation). (3334-6/97,3378-2/98) Z. Secondhand Appliances and Clothing Sales. The retail sale of used appliances and clothing by secondhand dealers who are subject to Chapter 5.36. This classification excludes antique shops primarily engaged in the sale of used furniture and accessories other than appliances, but includes junk Shops. (3334-6/97,3378-2/98) AA Sex Oriented Businesses. Establishments as regulated by Chapter 5.70; baths, sauna baths and massage establishments, as regulated by Chapter 5.24; and figure model studios as regulated by Chapter 5.60. (3378-2/98) BB. Swap Meets, Indoor/Flea Markets. An occasional,periodic or regularly scheduled market held within a building where groups of individual vendors offer goods for sale to the public. (3334-6/97) CC. Swap Meets, Recurring. Retail sale or exchange of handcrafted or secondhand merchandise for a maximum period of 32 consecutive hours, conducted by a sponsor on a more than twice yearly basis. (3334-6/97) DD. Tattoo Establishment. Premises used for the business of marking or coloring the skin with tattoos as regulated by Chapter 8.70. (3334-6/97) EE. Travel Services. Establishments providing travel information and reservations to individuals and businesses. This classification excludes car rental agencies. (3334-6/97) FF. Vehicle/Equipment Sales and Services. I. Automobile Rentals. Rental of automobiles, including storage and incidental maintenance, but excluding maintenance requiring pneumatic lifts. (3334-6/97) 2. Automobile Washinsz. Washing, waxing, or cleaning of automobiles or similar light vehicles. (3334-6/97) 3. Commercial Parkin Fg acility. Lots offering short-term or long-term parking to the public for a fee. (3334-6/97) 4. Service Stations. Establishments engaged in the retail sale of gas, diesel fuel, lubricants, parts, and accessories. This classification includes incidental maintenance and minor repair of motor vehicles, but excluding body and fender work or major repair of automobiles, motorcycles, light and heavy trucks or other vehicles. (3334-6/97) 5. Vehicle/Equipment Repair. Repair of automobiles, trucks, motorcycles, mobile homes, recreational vehicles, or boats, including the sale, installation, and servicing of related equipment and parts. Huntington Beach Zoning and Subdivision Ordinance Chapter 204 Page 8 of 12 09-2302/40576 KEY INSERTIONS: Double underline DELETIONS StfilE This classification includes auto repair shops, body and fender shops, transmission shops, wheel and brake shops, and tire sales and installation, but excludes vehicle dismantling or salvage and tire retreading or recapping. (3334-6/97) a. Limited. Light repair and sale of goods and services for vehicles, including brakes, muffler, tire shops, oil and lube, and accessory uses, but excluding body and fender shops, upholstery, painting, and rebuilding or reconditioning of vehicles. (3334-6/97) 6. Vehicle/Equipment Sales and Rentals. Sale or rental of automobiles, motorcycles, trucks, tractors, construction or agricultural equipment, manufactured homes, boats, and similar equipment, including storage and incidental maintenance. (3334-6197) 7. Vehicle Storaize. The business of storing or safekeeping of operative and inoperative vehicles for periods of time greater than a 24 hour period, including, but not limited to, the storage of parking tow- aways, impound yards, and storage lots for automobiles, trucks, buses and recreational vehicles, but not including vehicle dismantling. (3334-6/97,3757-1/07) GG. Visitor Accommodations. 1. Bed and Breakfast Inns. Establishments offering lodging on a less than weekly basis in a converted single-family or multi-family dwelling or a building of residential design, with incidental eating and drinking service for lodgers only provided from a single kitchen. (3334-6/97) 2. Hotels and Motels. Establishments offering lodging on a weekly or less than weekly basis. Motels may have kitchens in no more than 25 percent of guest units, and "suite" hotels may have kitchens in all units. This classification includes eating, drinking, and banquet service associated with the facility. (3334-6/97) 3. Condominium—Hotel. Facility providing overnight visitor accommodations where ownership of at least some of the individual guestrooms (units)within the larger building or complex is in the form of separate condominium ownership interests, as defined in California Civil Code section 1351(f). The primary function of the Condominium-Hotel is to provide overnight transient visitor accommodations within every unit that is available to the general public on a daily basis year-round, while providing both general public availability and limited owner occupancy of those units that are in the form of separate condominium ownership interests. (3774-9/07-subject to approval by the California Coastal Commission) 4. Fractional Ownership Hotel. Facility providing overnight visitor accommodations where at least some of the guestrooms (units) within the facility are owned separately by multiple owners on a fractional time basis. A fractional time basis means that an owner receives exclusive right to use of the individual unit for a certain quantity of days per year and each unit available for fractional Huntington Beach Zoning and Subdivision Ordinance Chapter 204 Page 9 of 12 09-2302140576 KEY INSERTIONS: Double underline DELETIONS S1�g13 ownership will have multiple owners. (3774-9/07-subject to approval by the California Coastal Commission) HH. Warehouse and Sales Outlets. Businesses which store large inventories of goods in industrial-style buildings where these goods are not produced on the site but are offered to the public for sale. (3334-6/97) II. Quasi Residential 1. Residential Hotels. Buildings with 6 or more guest rooms without kitchen facilities in individual rooms, or kitchen facilities for the exclusive use of guests, and which are intended for occupancy on a weekly or monthly basis. (3334-6/97) 2. Single Room Occupancy. Buildings designed as a residential hotel consisting of a cluster of guest units providing sleeping and living facilities in which sanitary facilities and cooking facilities are provided within each unit; tenancies are weekly or monthly. (3334-6/97) 3. Timeshare. Any arrangement,plan, or similar program, other than an exchange program, whereby a purchaser receives ownership rights in or the right to use accommodations for a period of time less than a full year during any given year, on a recurring basis for more than one year, but not necessarily for consecutive years. (3334-6/97, 3774-9/07-subject to approval by the California Coastal Commission) 204.12 Industrial Use Classifications A. Industry, Custom. Establishments primarily engaged in on-site production of goods by hand manufacturing involving the use of hand tools and small-scale equipment. (3334-6/97) 1. Small-scale. Includes mechanical equipment not exceeding 2 horsepower or a single kiln not exceeding 8 kilowatts and the incidental direct sale to consumers of only those goods produced on- site. Typical uses include ceramic studios, candle-making shops, and custom jewelry manufacture. (3334-6197) B. Industry, General. Manufacturing of products, primarily from extracted or raw materials, or bulk storage and handling of such products and materials. Uses in this classification typically involve a high incidence of truck or rail traffic, and/or outdoor storage of products,materials, equipment, or bulk fuel. This classification includes chemical manufacture or processing, food processing and packaging, laundry and dry cleaning plants, auto dismantling within an enclosed building, stonework and concrete products manufacture (excluding concrete ready-mix plants), small animal production and processing within an enclosed building, and power generation. (3334-6197) C. Industry, Limited. Manufacturing of finished parts or products, primarily from previously prepared materials; and provision of industrial services, both within an enclosed building. This classification includes processing, fabrication, assembly,treatment, and packaging, but excludes basic Huntington Beach Zoning and Subdivision Ordinance Chapter 204 Page 10 of 12 09-2302/40576 KEY INSERTIONS: Double underline DELETIONS mil e industrial processing from raw materials and Vehicle/Equipment Services, but does allow food processing for human consumption. (3334-6/97) D. Industry, Research and Development. Establishments primarily engaged in the research, development, and controlled production of high-technology electronic, industrial or scientific products or commodities for sale, but prohibits uses that may be objectionable in the opinion of the Director, by reason of production of offensive odor, dust, noise, vibration, or in the opinion of the Fire Chief by reason of storage of hazardous materials. Uses include aerospace and biotechnology firms, and non-toxic computer component manufacturers. (3334-6/97) This classification also includes assembly, testing and repair of components, devices, equipment, systems, parts and components such as but not limited to the following: coils, tubes, semi-conductors; communication, navigation, guidance and control equipment; data processing equipment; filing and labeling machinery; glass edging and silvering equipment; graphics and art equipment; metering equipment; optical devices and equipment; photographic equipment; radar, infrared and ultraviolet equipment; radio and television equipment. (3334-6/97) This classification also includes the manufacture of components, devices, equipment,parts and systems which includes assembly, fabricating,plating and processing,testing and repair, such as but not limited to the following: machine and metal fabricating shops, model and spray painting shops, environmental test, including vibration analysis, cryogenics, and related functions,plating and processing shops, nuclear and radioisotope. (3334-6/97) This classification also includes research and development laboratories including biochemical and chemical development facilities for national welfare on land, sea, or air; and facilities for film and photography, metallurgy; pharmaceutical, and medical and x-ray research. (3334-6/97) E. Wholesaling, Distribution and Storage. Storage and distribution facilities without sales to the public on-site or direct public access except for recycling facilities and public storage in a small individual space exclusively and directly accessible to a specific tenant. This classification includes mini-warehouses. (3334-6/97) 204.14 Accessory Use Classifications Accessory Uses and Structures. Uses and structures that are incidental to the principal permitted or conditionally permitted use or structure on a site and are customarily found on the same site. This classification includes detached or attached garages, home occupations, caretakers' units, and dormitory type housing for industrial commercial workers employed on the site, and accessory dwelling units. (3334-6/97) 204.16 Temporary Use Classifications A. Animal Shows. Exhibitions of domestic or large animals for a maximum of seven days. (3334-6/97) B. Festivals, Circuses and Carnivals. Provision of games, eating and drinking facilities, live entertainment, animal exhibitions, or similar activities in a tent Huntington Beach Zoning and Subdivision Ordinance Chapter 204 Page 11 of 12 09-2302/40576 KEY INSERTIONS: Double underline DELETIONS �ttil�g or other temporary structure for a maximum of seven days. This classification excludes events conducted in a permanent entertainment facility. (3334-6/97,3521-2/02) C. Commercial Filming, Limited. Commercial motion picture or video photography at a specific location six or fewer days per quarter of a calendar year. (See also Chapter 5.54, Commercial Photography) (3334-6/97) D. Personal Property Sales. Sales of personal property by a resident("garage sales") for a period not to exceed 48 consecutive hours and no more than once every six months. (3334-6/97) E. Real Estate Sales. An office for the marketing, sales, or rental of residential, commercial, or industrial development. This classification includes "model homes." (3334-6/97) F. Retail Sales, Outdoor. Retail sales of new merchandise on the site of a legally established retail business for a period not to exceed 96 consecutive hours (four days)no more than once every 3 months. (3334-6/97,3669-12/04) G. Seasonal Sales. Retail sales of seasonal products, including Christmas trees, Halloween pumpkins and strawberries. (3334-6197) H. Street Fairs. Provision of games, eating and drinking facilities, live entertainment, or similar activities not requiring the use of roofed structures. (3334-6/97) I. Trade Fairs. Display and sale of goods or equipment related to a specific trade or industry for a maximum period of five days per year. (3334-6/97) J. Temporary Event. Those temporary activities located within the coastal zone that do not qualify for an exemption pursuant to Section 245.08. (3334-6/97) K. Tent Event. Allows for the overflow of any assembly for a period not to exceed 72 consecutive hours and not more than once every 3 months. (3521-2/02,3724-02/06) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 Page 12 of 12 09-2302/40576 ATTACHMENT # 1 .0 KEY INSERTIONS: Double underline DELETIONS Strip ORDINANCE NO. 3858 LEGISLATIVE DRAFT Ch" 4, r 210�R�srde teal D str�°e s � �s a (3268-12/94,3334-6197,3410-3/99,3455-5/00,3568-9/02,3706-6/05,3724-02/06, 3761-2/07,3832-7/09) Sections: 210.02 Residential Districts Established 210.04 RL, RM, RMH, RH, and RMP Districts: Land Use Controls 210.06 RL, RM, RMH, RH, and RMP Districts: Property Development Standards 210.08 Development Standards for Senior Projects 210.10 Modifications for Affordable Housing 210.12 Planned Unit Development Supplemental Standards and Provisions 210.14 RMP District Supplemental Development Standards 210.16 Review of Plans 210.02 Residential Districts Established The purpose of the residential districts is to implement the General Plan and Local Coastal Program Land Use Plan residential land use designations. Five (5)residential zoning districts are established by this chapter as follows: (3334-6/97) A. The RL Low Density Residential District provides opportunities for single-family residential land use in neighborhoods, subject to appropriate standards. Cluster development is allowed. Maximum density is seven (7)units per acre. B. The RM Medium Density Residential District provides opportunities for housing of a more intense nature than single-family detached dwelling units, including duplexes, triplexes, town houses, apartments, multi-dwelling structures, or cluster housing with landscaped open space for residents'use. Single-family homes, such as patio homes, may also be suitable. Maximum density is fifteen(15) units per acre. C. The RMH Medium High Density Residential District provides opportunities for a more intensive form of development than is permitted under the medium density designation while setting an upper limit on density that is lower than the most intense and concentrated development permitted in the City. One subdistrict has been identified with unique characteristics where separate development standards shall apply: RMH-A Small Lot. Maximum density is twenty-five (25) units per acre. D. The RH High Density Residential District provides opportunities for the most intensive form of residential development allowed in the City, including apartments in garden type complexes and high rise where scenic and view potential exists, subject to appropriate standards and locational requirements. Maximum density is thirty-five (35) units per acre. E. The RMP Residential Manufactured Home Park District provides sites for mobile home or manufactured home parks, including parks with rental spaces and parks where spaces are individually owned. Maximum density is nine (9) spaces per acre. Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 1 of 22 09-2302/40767 KEY INSERTIONS: Double underline DELETIONS Stfi 210.04 RL, RM, RMH,RH, and RMP Districts: Land Use Controls In the following schedules, letter designations are used as follows: "P" designates use classifications permitted in residential districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" that follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. VA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. "TU" designates use classifications allowed upon approval of a temporary use permit by the Zoning Administrator. (3334-6/97,3410-3/99) "P/U" designates that accessory uses are permitted, however, accessory uses are subject to approval of a conditional use permit if the primary use requires a conditional use permit. (3334- 6/97,3410-3/99) Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the zoning ordinance. Where letters in parentheses are opposite a use classification heading,referenced provisions shall apply to all use classifications under the heading. (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 2 of 22 09-2302/40767 KEY INSERTIONS: Double underline DELETIONS &AketIffough RL, RM, RMH,RH, and P = Permitted RMP DISTRICTS: L = Limited (see Additional Provisions) (3334-6/97) LAND USE CONTROLS PC = Conditional use permit approved by Planning Commission ZA = Conditional use permit approved by Zoning Administrator TU = Temporary Use Permit P/U = Requires conditional use permit on site of conditional use = Not Permitted RL RM RMH RMP Additional RH Provisions Residential Uses (A)(M)(Q) (3334-6/97,3410-3/99) Day Care, Ltd. P P P P Group Residential - - PC - Multi-family Residential 7 (B)(C)(D)(R) (3410-3/99,3455-5/00) 2 - 4 units ZA PP - (3334-6/97,3410-3/99) 5 - 9 units ZA ZA ZA - (3334-6/97,3410-3/99) 10 or more units PC PC PC - (3334-6/97,3410-3/99) Manufactured Home Parks ZA ZA - ZA (E)(F) Residential, Alcohol Recovery, Ltd. P P P P Residential Care, Limited P P P P Single-Family Residential P P P P (B)(D)(F)(P)(R)(S) (3334-6/97,3410-3/99, 3455-5/00,3832-7109) Supportive Housing L-7 L-7 L-7 L-7 Transitional Housing L-7 L-7 L-7 L-7 Public and Semipublic (A)(0) (3334-6/97,3410-3/99) Clubs &Lodges PC PC ZA ZA (3334-6/97,3410-3/99) Day Care, Large-family L-6 L-6 L-6 L-6 (3334-6/97,3761-2/07) Day Care, General L-1 ZA ZA ZA (3334-6/97,3410-3/99) Park&Recreation Facilities L-2 L-2 L-2 L-2 (3334-6/97,3410-3/99) Public Safety Facilities PC PC PC PC Religious Assembly L-3 PC PC PC (3334-6/97,3410-3/99) Residential Care, General - L-1 PC PC (3334-6/97,3410-3/99) Schools, Public or Private PC PC PC PC Utilities, Major PC PC PC PC Utilities, Minor P P P P Commercial Communication Facilities L-5 L-5 L-5 L-5 (3568-9/02) Horticulture ZA ZA ZA ZA (3410-3/99) Nurseries ZA ZA ZA ZA (3410-3199) Visitor Accommodations Bed and Breakfast Inns - - L-4 - (3334-6/97,3410-3/99) Accessory Uses P/U P/U P/U P/U (A)(G)(H)(I)(L)(M) (3334-6/97,3410-3/99) Temporary Uses (J)(M) (3334-6/97,3410-3/99) Commercial Filming, Limited P P P P Real Estate Sales P P P P (N) (3334-6/97,3410-3/99,3706-6/05 Personal Property Sales P P P P Street Fairs TU TU TU TU Nonconforming Uses (K)(L) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 3 of 22 09-2302/40767 RL, RM, RMH, RH, and RMP Districts: Additional Provisions L-1 A conditional use permit from the Planning Commission is required and only allowed on lots 1.0 acre (gross acreage) or greater fronting an arterial in RL District. (3410-3/99) L-2 Public facilities permitted, but a conditional use permit from the Zoning Administrator is required for private noncommercial facilities, including swim clubs and tennis clubs. (3334-6/97, 3410-3/99) L-3 A conditional use permit from the Planning Commission is required, and only schools operating in conjunction with religious services are permitted as an accessory use. A General Day Care facility may be allowed as a secondary use, subject to a conditional use permit, if the Planning Commission finds that it would be compatible with adjacent areas and not cause significant traffic impacts. (3334-6/97,3410-3/99,3724-02/06) L-4 A conditional use permit from the Zoning Administrator is required and only allowed on lots 10,000 sq. ft. or greater in RMH-A subdistrict. See also Section 230.42: Bed and Breakfast Inns. (3334-6/97,3410-3/99,3706-6/05) L-5 Only wireless communication facilities permitted subject to section 230.96 Wireless Communication Facilities. (3568-9/02) L-6 Neighborhood notification is required pursuant to Section 241.24. No architectural plans shall be required. (3761-2/07) L-7 Supportive Housing and Transitional Housing shall be considered a residential use of property and shall be subject only to those restrictions and processing requirements that apply to other residential dwellings of the same type in the same zone. (A) Any addition or modification subsequent to the original construction that would result in an increase in the amount of building area, or a structural or architectural alteration to the building exterior, shall require an amendment to the previously approved conditional use permit, if any, or approval of a new conditional use permit. (3334-6/97,3410-3/99,3761-2/07) (B) A conditional use permit from the Planning Commission is required for residential uses requesting reduction in standards for senior citizens (See Section 210.08), for affordable housing (See Sections 2 10.10 and 230.14), or for density bonus (See Section 230.14). (C) A conditional use permit from the Zoning Administrator is required for any multiple family residential development that: (1) abuts an arterial highway; (2) includes a dwelling unit more than 150 feet from a public street; or (3) includes buildings exceeding 25 feet in height. (3334-6/97,3410-3/99) (D) See Section 210.12: Planned Unit Development Supplemental Standards. In addition, a conditional use permit is required for condominium conversion pursuant to Chapter 235. (E) See Section 210.14: RMP District Supplemental Standards. In addition,Neighborhood Notification pursuant to Chapter 241 is required for the addition of manufactured home space(s)to an existing Manufactured Home Park. (3334-6/97,3410-3/99,3706-6/05) (F) See Section 230.16: Manufactured Homes. Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 4 of 22 KEY INSERTIONS: Double underline DELETIONS & ileereugl� (G) See Section 230.12: Home Occupation in R Districts. (H) See Section 230.08: Accessory Structures. (I) See Section 230.10: Accessory Dwelling Units. RL, RM, RIVIH, RH, and RNIP Districts: Additional Provisions (J) See Section 241.20: Temporary Use Permits. (K) See Chapter 236: Nonconforming Uses and Structures. (L) See Chapter 233: Signs.. (M) Tents, trailers, vehicles, or temporary structures shall not be used for dwelling purposes. (3334- 6/97,3410-3/99) (N) See Section 230.18: Subdivision Sales Offices and Model Homes. (3334-6/97,3410-3/99) (0) Limited to facilities on sites of fewer than 2 acres. (3334-6/97,3410-3/99) (P) See Section 230.22: Residential Infill Lot Developments. (3334-6/97,3410-3/99) (Q) See Section 230.20: Payment of Parkland Dedication In-Lieu Fee. (3410-3/99) (R) Small lot development standards for RM, RMH, and RH Districts. A conditional use permit from the Planning Commission is required for small lot residential subdivisions, including condominium maps for detached single family dwellings. See also Section 230.24: Small Lot Development Standards. (3455-5/00) (S) See Coastal Element Land Use Plan, Table C-2, for permitted uses, development requirements and restrictions applicable to development within Subarea 4K as depicted in Figures C-6a and C-10 of the Coastal Element Land Use Plan. Subdivision design and development within Subarea 4K shall incorporate the information from the plans and studies required in Table C-2 for development of that Subarea. If there is a conflict between the requirements and restrictions of Table C-2 and other provisions of the Zoning and Subdivision Ordinance,the requirements and restrictions included in Table C-2 shall prevail. (3832-7/09) 210.06 RL,RM,RMH,RH, and RMP Districts: Property Development Standards The following schedule prescribes development standards for residential zoning districts and subdistricts designated on the zoning map. The columns establish basic requirements for permitted and conditional uses; letters in parentheses in the "Additional Provisions" column refer to "Additional Development Standards" following the schedule. In calculating the number of units permitted on the site, density is calculated on the basis of net site area. Fractional numbers shall be rounded down to the nearest whole number except that one dwelling unit may be allowed on a legally created lot complying with minimum lot area. All required Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 5 of 22 09-2302/40767 KEY INSERTIONS: Double underline DELETIONS Sril,--� setbacks shall be measured from ultimate right-of-way and in accordance with the definitions set forth in Chapter 203, Definitions. Any new parcel created pursuant to Title 25, Subdivisions, shall comply with the minimum building site requirements of the district in which the parcel is located unless approved as a part of a Planned Unit Development. Property Development Standards for Residential Districts RI, RM RMH-A RMH RH RMP Additional Subdistrict Provisions Minimum Building Site 6,000 6,000 2,500 6,000 6,000 10 ac. (A)(B)(C) (3410-3/99) Width (ft.) 60 60 25 60 60 N/A (3334-6/97,3410-3/99) Cut de sac frontage 45 45 - 45 45 N/A (3334-6/97,3410-3/99) Minimum Setbacks (D)(R) (3334-6197,3410-3199) Front (ft.) 15 15 12 10 10 10 (E)(F) (3334-6/97,3410-3/99) Side (ft.) 3;5 3;5 3;5 3;5 3;5 - (G)(I)(J) (3334-6/97,3410-3/99) Street Side (ft.) 6;10 6;10 5 6;10 6;10 10 (H) (3334-6197,3410-3/99) Rear(ft.) 10 10 7.5 10 10 - (I)(J) Accessory Structure (V) (3334-6/97,3410-3/99) Garage (K) (3334-6/97,3410-3/99) Projections into Setbacks (L)(R) (3334-6197,3410-3199) Maximum Height (ft.) Dwellings 35 35 35 35 35 20 (M) (3334-6/97,3410-3/99) Accessory Structures 15 15 15 15 15 15 (M)(R) (3410-3/99) Maximum Floor Area - - 1.0 - - - (3334-6/97,3410-3/99) Ratio (FAR) - (.3410-3/99) Minimum Lot Area per Dwelling Unit (sq. ft.) 6,000 2,904 * 1,742 1,244 - (3334-6/97,3410-3/99) Maximum Lot Coverage (%) 50 50 50 50 50 75 (V) (3334-6/97,3410-3/99) Minimum Floor Area (N) (3334-6/97,3410-3/99) Minimum Usable Open Space (0) Courts (P) (3334-6/97,3410-3/99) Accessibility within Dwellings (Q) (3410-3/99) Waterfront Lots (R) (3334-6197,3410-3199) Landscaping See Chapter 232 (S) (3334-6197,3410-3/99) Fences and Walls See Section 230.88 Lighting (T) (3334-6/97,3410-3199) Underground Utilities See Chapter 17.64 Screening of Mechanical Equipment See Section 230.76 Refuse Storage Areas See Section 230.78 (3410-3/99) Antenna See Section 230.80 (3410-3/99) Performance Standards See Section 230.82 Off-Street Parking and Loading See Chapter 231 Signs See Chapter 233 Nonconforming Structures See Chapter 236 Accessory Structures See Chapter 230.08 (3706-6/05) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 6 of 22 09-2302/40767 KEY INSERTIONS: Double underline DELETIONS * Lots 50 feet or less in width= 1 unit per 25 feet of frontage Lots greater than 50 feet in width= 1 unit per 1,900 square feet N/A=Not applicable RL,RM, RMH, RH, and RMP Districts: Additional Development Standards (A) See Section 230.62: Building Site Required and Section 230.64: Development on Substandard Lots. (B) See Section 230.66: Development on Lots Divided by District Boundaries. (C) The minimum lot area shall be 12,000 square feet for General Day Care, General Residential Care, and Public or Private Schools, except minimum lot area for General Day Care in the RL district shall be one (1) gross acre. (3334-6/97,3410-3/99) (D) Building_Separation. The minimum spacing between buildings including manufactured home units shall be 10 feet. (3334-6/97,3410-3/99) (E) Variable Front Setback for Multi-family Projects. Projects with more than 4 units in the RM District, more than 8 units in the RMH District, or more than 14 units in the RH District shall provide a minimum setback of 15 feet from any public right-of-way. Minimum 50% of the garages shall be set back 20 feet from the front property line. (See Section 210.12B.) (3334-6/97, 3410-3/99) (F) Upper-story Setbacks for Multi-family Structures. The covered portion of all stories above the second story in any multi-family structure shall be set back an average of 10 feet from the second floor front facade (see Exhibit). (3334-6/97,3410-3/99) average 10' setback D 000 00000 OD 0000 210-UPSS.PCX UPPER STORY SETBACK Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 7 of 22 09-2302/40767 KEY INSERTIONS: Double underline DELETIONS &*ke*,fo� RL, RM, RMH, RH, and RMP Districts: Additional Development Standards (G) Interior Side Setback (1) In the RL, RM, RMH, including RMH-A subdistrict, and RH Districts, interior side setbacks shall be minimum 10% of lot width, but not less than 3 feet and need not exceed 5 feet, except as stated below. (3334-6/97,3410-3/99) (2) For projects in the RM, RMH, including RMH-A subdistrict, and RH Districts adjoining an RL District, interior side setbacks shall be at least: (a) 10 feet for units in single-story or two-story buildings. (b) 14 feet for units above two stories. Subject to approval of a conditional use permit,the Zoning Administrator or the Planning Commission,may approve upper-story setbacks in lieu of an increased side setback if the second and third stories are set back the required distance. (3334-6/97,3410- 3/99) (H) Street Side Setbacks (1) In the RL, RM, RMH (excluding RMH-A subdistrict), and RH districts, the street side yard shall be 20 percent of the lot width, minimum 6 feet and need not exceed 10 feet. (3334-6/97,3410-3/99) (2) In the RMH-A subdistrict, street side setback shall be minimum 5 feet. (3410-3/99) (3) For projects with 10 or more multi-family units (including RMH-A subdistrict),the street side setback shall be the same as the front setback. (3334-6/97,3410-3/99) (I) Building Walls Exceeding 25 Feet in Height. The required interior side or rear setback adjoining a building wall exceeding 25 feet in height, excluding any portion of a roof, and located on a lot 45 feet wide or greater, shall be increased three feet over the basic requirement. (3334-6/97,3410-3/99) (J) Zero Side or Rear Setback. (1) A zero interior side setback may be permitted provided that the opposite side setback on the same lot is minimum 20% of the lot width, not less than 5 feet, and need not exceed 10 feet, and shall be subject to the requirements listed in subsection(3) below. (3334-6/97,3410- 3/99) (2) A zero rear setback may be permitted provided that the opposite rear setback for the adjacent lot is either zero or a minimum of 10 feet, and subject to the requirements listed In subsection(3)below. (3334-6/97,3410-3/99) (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 8 of 22 09-2302/40767 KEY INSERTIONS: Double underline DELETIONS &tiketl3reu RL,RM,RMH, RH, and RMP Districts: Additional Development Standards (3) A zero side or rear setback may be permitted subject to the following requirements: (3334- 6/97,3410-3/99) (a) The lot adjacent to the zero side or rear setback shall either be held under the same ownership at the time of application or a deed restriction or agreement approved as to form by the City Attorney shall be recorded giving written consent of the adjacent properly owner. (3334-6/97) (b) A maintenance easement, approved as to form by the City Attorney, shall be recorded between the property owner and the owner of the adjacent lot to which access is required in order to maintain and repair a zero lot line structure. Such easement shall be an irrevocable covenant running with the land. No building permits shall be issued until such recorded maintenance easement has been submitted. (3334-6/97) (c) Separation between the proposed structure and any structure on an adjacent lot shall either be zero or a minimum of 5 feet. (3334-6/97,3410-3/99) (d) No portion of the dwelling or any architectural features shall project over the property line. (3334-6/97) (e) The zero setback shall not be adjacent to a public or private right-of-way. (3334-6/97) (f) Exposure protection between structures shall be provided as specified by the Fire Department and Building Division. (3334-6/97) (4) Double zero side setbacks may be permitted for planned unit development projects subject to approval of a conditional use permit and compliance with Section 210.12 B. (3334-6/97,3410-3199) (K) Garage Setbacks. Setbacks for the main dwelling shall apply, except as specifically stated below: (1) Front entry garage - 20 feet (2) Side entry garage - 10 feet (3) Garage with alley access - 5 feet For garages with rear vehicular access from an alley and located on a lot 27 feet wide or less, the side setback adjacent to a street or another alley may be reduced to 3 feet. A minimum 25 foot turning radius is required from the garage to the opposite side of the street, alley, drive aisle or driveway. (3334-6/97,3410-3/99) (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 9 of 22 09-2302/40767 KEY INSERTIONS: Double underline DELETIONS e RL., RM,RMH,RH, and RMP Districts: Additional Development Standards �.._.._.._.._.._.._.._.._.._..i ATTACHED FRONT i ENTRY GARAGE 1 Property line Minimum 20' from i garage to property line Sidewalk Street ATTACHED SIDE ENTRY GARAGE Property Line i Minimum 10' from i garage to property line Min 25:__j Street Qom,. Sidewalk Radius Property line Alley — Minimum 25' from garage to property line on the other side of the existing alley r =Minimum 5' from garage to property line ,a Property line GARAGE WITH ENTRY FROM REAR ALLEY Sidewalk Street Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 10 of 22 09-2302/40767 KEY INSERTIONS: Double underline DELETIONSrilE� F,L, RM,12MH, RH, and RMP Districts: Additional Development Standards (L) Projections into Setbacks. (1) See Section 230.68: Building Projections into Yards. (2) Balconies and bay windows may project into required setbacks and usable open space areas subject to Section 230.68, provided that balconies have open railings, glass, or architectural details with openings to reduce visible bulk. Balconies composed solely of solid enclosures are not allowed to project into required setbacks. (3334-6/97,3410-3/99) (M) Height Requirements. See Section 230.70 Measurement of Height, and Section 230.72 Exceptions to Height Limits. (1) Single Family Dwellings in all residential districts, except lots in the RMH-A subdistrict with less than 50 feet of frontage shall comply with the following standards: (3334-6/97, 3410-3/99) (a) Second story top plate height shall not exceed twenty-five (25) feet measured from the top of the subfloor/slab directly below. (3334-6/97,3410-3/99) (b) Roofs shall have a minimum 5/12 pitch if building height exceeds thirty(30) feet. (3334-6/97,3410-3/99) (c) Maximum building height for Main Dwellings shall be thirty-five (35) feet; however, Main Dwellings exceeding thirty(30) feet in height shall require approval of a Conditional Use Permit by the Zoning Administrator. (3268-12/94)(3334-6/97) (d) Habitable area,which includes rooftop decks and balconies, above the second story top plate line shall require approval of a conditional use permit by the Zoning Administrator. Habitable area above the second story plate line shall be within the confines of the roof volume, with the following exceptions: (3334-6/97,3410-3/99) (1) Dormers, decks and other architectural features may be permitted as vertical projections above the roof volume provided the projections are set back five (5) feet from the building exterior and do not exceed the height limits as stated above. (3334-6/97) (2) Windows and deck areas above the second story plate line shall orient toward public rights-of-way only. (3334-6/97,3410-3/99) (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 11 of 22 09-2302/40767 KEY INSERTIONS: Double underline DELETIONS Sari e k Dormers,decks and other architectural features must Habitable Areas are: be setback 5' from • confined within the _ building exterior roof volume Wi • accessed from within the main dwelling • subject to conditional 5' use permit approval HABITABLE AREA ABOVE SECOND STORY TOP-PLATE LINE FOR SINGLE FAMILY DWELLINGS IN ALL RESIDENTIAL DISTRICTS EXCEPT RMH-A SUBDISTRICT (3410-3/99) (e) Access to any habitable area above the second story top plate line shall be provided within the Main Dwelling and shall be consistent with internal circulation. Exterior stairways between the ground floor and a habitable area above the second story plate line shall be prohibited. (3334-6/97,3410-3/99) Two vertical cross-sections through the property(front-to-back and side-to-side)that show the relationship of each level in a new structure and new levels added to an existing structure to both existing and finished grade on the property and adjacent land within 5 feet of the property line shall be submitted in order to determine compliance With this subsection. (3334-6/97,3410-3/99) (2) Single Family Dwellings in the RMH-A subdistrict on lots with less than 50 feet of frontage shall comply with the following standards: (3334-6/97,3410-3/99) (a) Second story top plate height shall not exceed twenty-five (25) feet measured from the top of the subfloor/slab directly below. (3334-6/97,3410-3/99) (b) Roofs shall have a minimum 5/12 pitch if building height exceeds thirty(30) feet. (3334-6/97) (c) In'the front and rear 25 feet of the lot, maximum building height for all structures, including railings and architectural features, shall be 25 feet. Otherwise, maximum building height shall be 35 feet. (3334-6/97,3410-3/99) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 12 of 22 09-2302/40767 KEY INSERTIONS: Double underline DELETIONS Stfil� Front Property ' Line I I t I I I 35' maximum I 25' maximum I height at top j height in the of roof 25' front and rear 25' of 25 the lot I I I I I I Street Rear NN I 25' 25' j Property Line MAXIMUM BUILDING HEIGHT FOR SINGLE FAMILY DWELLINGS ON LOTS LESS THAN 50 FEET WIDE IN RMH-A SUBDISTRICT (d) Access to any habitable area above the second story top plate line shall be provided within the Main Dwelling and shall be consistent with internal circulation. Exterior stairways between the ground floor and a habitable area above the second story plate line shall be prohibited. (3334-6/97,3410-3/99) Two vertical cross-sections through the property (front-to-back and side-to-side) that show the relationship of each level in a new structure and new levels added to an existing structure to both existing and finished grade on the property and adjacent land within 5 feet of the property line shall be submitted in order to determine compliance with this subsection. (3334-6/97,3410-3/99) (3) Accessory Structures: See Section 230.08: Accessory Structures. Accessory structures located on projecting decks abutting a waterway shall comply with the height established in subsection (R). (3334-6/97,3410-3/99) (4) Recreation Buildings: The maximum height of a recreation building for multi-family, planned residential, and mobile home park projects shall be established by the conditional use permit. (3334-6/97) (N) Minimum Floor Area. Each dwelling unit in a multi-family building and attached single family dwellings shall have the following minimum floor area. Unit Type Minimum Area (Square Feet) Studio 500 one bedroom 650 two bedrooms 900 three bedrooms 1,100 four bedrooms 1,300 All detached single family dwellings shall have a minimum 1,000 square feet of floor area not including the garage and shall be a minimum of 17 feet in width. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 13 of 22 09-2302/40767 KEY INSERTIONS: Double underline DELETIONS Stfil� RL,, RM,RMH, RH, and RMP Districts: Additional Development Standards (0) Open Space Requirements. (1) The minimum open space area(private and common) for multi-family residential projects in RM, RMH, including RMH-A subdistrict, and RH Districts shall be 25% of the residential floor area per unit(excluding garages). (3334-6/97,3410-3/99,3706-06/05) (2) Private Open Space. (a) Private open space shall be provided in courts or balconies within which a horizontal rectangle has no dimension less than 10 feet for courts and 6 feet for balconies. A minimum patio area of 70 square feet shall be provided within the court. (3334-6/97) (b) The following minimum area shall be provided: Unit Type Minimum Area (Sq.Ft.) Units Above Ground Floor Units Ground Floor Studio/l bedroom 200 60 2 bedrooms 250 120 3 bedrooms 300 120 4 or more bedrooms 400 120 (3334-6/97) (c) Private open space shall be contiguous to the unit and for the exclusive use of the occupants. Private open space shall not be accessible to any dwelling unit except the unit it serves and shall be physically separated from common areas by a wall or hedge exceeding 42 inches in height. (3334-6/97,3410-3/99) (d) A maximum of 50% of the private open space requirement, may be on open decks above the second story subject to approval of a conditional use permit by the Zoning Administrator,provided that no portion of such deck exceeds the height limit. (3410-3/99,3706-6/05) (e) Patio and balcony enclosures within existing planned developments or apartment complexes shall be subject to the following conditions: (3706-6/05) 1. A maximum of one enclosure per unit shall be allowed. (3706-6/05) 2. The existing balcony or patio area shall not be enlarged. (3706-6/05) 3. The balcony or patio enclosure shall comply with the current setback and height requirements for the district in which the site is located. (3706-6/05) 4. The enclosure shall consist entirely of transparent materials, i.e., no solid walls or opaque walls, except an existing solid roof may be part of the enclosure. (3706-6/05) 5. No structural change shall occur to the interface wall and doorway between the enclosure and the adjacent inside room of the building, unless the balcony/patio is replaced with equivalent unenclosed area for use as private open space. (3706-6/05) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 14 of 22 09-2302/40767 KEY INSERTIONS: Double underline DELETIONS S1rilcelbreu 6. The enclosed area shall be considered as private open space and may be counted toward current private open space requirements. (3706-6/05) 7. Required egress for fire escape routes shall be maintained. (3706-6/05) (3) Common Open Space. (a) Common open space,provided by interior side yards,patios, and terraces, shall be designed so that a horizontal rectangle has no dimension less than 10 feet, shall be open to the sky, and shall not include driveways, parking areas, or area required for front or street side yards. (3334-6/97,3410-3/99,3706-06/05) (b) Projects with more than 20 units shall include at least one amenity, such as a clubhouse, swimming pool, tennis court, volleyball court, outdoor cooking facility, or other recreation facility. (3334-6/97,3410-3/99,3706-06/05) (4) The Director may allow a reduction in the open space requirement to 10% of the livable area per unit for projects with less than 10 units and located within walking distance of 1,000 feet of a public park or beach. (3334-6/97,3410-3/99) (P) Courts Opposite Windows in RM, RMH, and RH Districts (excluding the RMH-A sub- district . Courts shall be provided in all multi-family projects in the RM,RMH, and RH Districts subject to the following requirements: (3334-6/97,3410-3/99) (1) Courts Opposite Walls on the Same Site: The minimum depth of a court shall be one- half the height of the opposite wall but not less than 20 feet opposite a living room and 14 feet opposite a required window for any other habitable room (see diagrams below). (3334-6/97,3410-3/99) (2) Courts Opposite Interior Property Line: The minimum distance between a required window of a habitable room and a property line shall be 10 feet. (3334-6/97,3410-3/99) (3) Court Dimensions: Courts shall be minimum 20 feet wide (minimum 10 feet on either side of the centerline of the required window) and shall be open to the sky. Eaves may project a maximum 2 feet into a court. (3334-6/97,3410-3/99) (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 15 of 22 09-2302/40767 KEY INSERTIONS: Double underline DELETIONS Stfj� r RIL, RM, RMH,RH, and RMP Districts: Additional Development Standards Section A I Section B I Section C Living room ' window ' 4 I I 1/2 Height of i 20 ft. I 14 ft. Opposit wall Not less than 10 ft. i Living room window I Living room I window 1 � It Living room Living room Living room window window window h/2 20 ft. Section A Section B Other room Other room window window 14 ft. Section C 210-CRT.CDR COURTS OPPOSITE WINDOWS (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 16 of 22 09-2302/40767 KEY INSERTIONS: Double underline DELETIONS Stfi RL, RM,RMH, Rid, and RMP Districts: Additional Development Standards (Q) All habitable rooms in a dwelling unit must be accessible from within the dwelling. (3334-6/97, 3410-3/99) (R) Waterfront Lots. Projecting decks, windscreens, fencing, patio covers and solariums on waterfront lots may be permitted subject to the development standards set forth in this Chapter, Chapter 245, Chapter 17.24, and the following requirements: (3334-6/97) (1) Projecting Decks. Decks on waterfront lots may project 5 feet beyond the bulkhead provided the decks comply with the side setbacks required for the main dwelling. (3334- 6/97,3410-3/99) (2) Windscreens. Windscreens may be permitted if constructed of light-weight materials such as plastic, canvas, fiberglass, tempered glass or metal, except for necessary bracing and framing. The maximum height for windscreens shall be 7 feet above the finished surface of the deck at the bulkhead line. (3334-6/97) (3) Fencing. All portions of fencing within the required rear setback area shall comply with Chapter 230.88 and the visibility provisions below. (3334-6/97,3410-3/99) (4) Solariums. Solariums (patio enclosures) may project a maximum of 30 inches over the bulkhead. In all cases, the solarium shall maintain a 45 degree (45°) visibility angle as measured from the main dwelling building line extended to the side property line. The maximum height shall not exceed the top of the first floor ceiling joist. (3334-6197,3410-3/99) (5) Patio Covers. Patio covers (including eaves) may be permitted to project 5 feet into the rear yard setback, however, construction materials shall allow compliance with visibility provisions below. (3334-6/97, 3410-3/99) (6) Visibili . The portion of any windscreen, fence or patio cover in the rear yard setback or solarium above 36 inches in height shall be composed of materials and design which allow a minimum of 85%transmission of light and visibility through the structure in each direction when viewed from any angle. (3334-6/97) (7) Removal. Decks, solariums and windscreens projecting over waterways which do not comply with the above provisions may be removed by the city upon 30-days' written notice. Such projections are declared to be a privilege which can be revoked for noncompliance and not a vested right. (3334-6/97) (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 17 of 22 09-2302/40767 KEY INSERTIONS: Double underline DELETIONS 94ik� RL, RM, RMH, RH, and RMP Districts: Additional Development Standards Bulkhead Solarium Projecting deck 2 1/2' Max. 45 5 4 k ° 0 e a a 5' ■ min. house 5 min. o 1 ® Property line I 1 n_1 eh cnn WATERFRONT LOT PROJECTIONS (3334-6/97) (S) Landscaping (1) A minimum 40% of the front yard shall be landscaped. For single family residences in the RMH-A subdistrict, a minimum 3 foot wide landscape planter along the front property line (excluding max. 5 ft. wide walkway) may be provided in lieu of the 40% requirement. A maximum 18 inch high planter wall may be constructed along the front property line. (3334-6/97,3410-3/99) (2) All required trees specified in Chapter 232 shall be provided. (3410-3/99) (3) All subdivisions shall provide a minimum 5 foot wide landscaped area along arterial street/highway property lines. The actual required width shall be determined during the planning process. Maintenance of said landscaped area shall be by a homeowners association, property owner or other method approved by the City of Huntington Beach. (3334-6/97, 3410-3/99) (T) Lighting. A lighting system shall be provided in all multi-family projects along all vehicular access ways and major walkways. Lighting shall be directed onto the driveways and walkways within the development and away from adjacent properties. A lighting plan shall be submitted for approval by the Director. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 18 of 22 09-2302/40767 KEY INSERTIONS: Double underline DELETIONS S4ik,�k RL, RM, RMH,RH, and RMP Districts: Additional Development Standards (U) See Section 230.08: Accessory Structures (3334-6/97,3410-3/99) (V) Solid patio covers open on at least 2 sides may be permitted an additional 5% site coverage. Open lattice patio covers are exempted from site coverage standards. (3410-3/99) 210.08 Development Standards for Senior Projects This section establishes development standards for Senior Residential Projects that may be permitted by the Planning Commission. (3334-6/97,3410-3/99) A. Minimum Floor Area. Each dwelling unit shall have a minimum floor area of 450 square feet. (3334-6/97, 3410-3/99) B. Minimum Setbacks. The project shall comply with the minimum setback requirements of the district applicable to the site. (3334-6/97) C. Minimum Distance between Buildings. Minimum building separation shall be 10 feet. (3334-6/97,3410-3/99) D. Building Design. No structure shall exceed 180 feet in length. To provide variation in building facades, two of the following architectural elements are required as part of each building: sloped roofs; bay windows; awnings; roof eaves; cornices; balconies; or patios. (3334-6/97) E. Open Space Requirements. (3334-6/97,3410-3/99) 1. Private Open Space: A minimum of 60 square feet of private open space for studios or one bedroom units and 120 square feet for two or more bedrooms, with minimum dimensions of 6 feet. (3334-6/97,3410-3/99) 2. Common Open Space: A minimum of 2,500 square feet for the first 50 units, and an additional 50 square feet for each unit over 50. (3334-6/97,3410-3/99) 3. Community Club House: An enclosed community or clubhouse facility containing minimum 7 square feet per unit, and a total area of minimum 400 square feet, may satisfy up to 50% of the common open space requirement. The clubhouse shall include handicapped bathrooms and kitchen facilities to be used by project residents and their guests only. (3334-6/97,3410-3/99) F. Elevators. Buildings with more than 2 levels, including living areas or parking, shall have elevators. (3334-6/97) G. Parking. Parking shall comply with Chapter 231. Any parking space over and above the one space per unit shall be marked for guest use. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 19 of 22 09-2302/40767 KEY INSERTIONS: Double underline DELETIONS Stfi�� RL, RM, RMH,RH, and RMP Districts: Additional Development Standards 210.10 Modifications for Affordable Housing The Planning Commission may approve a conditional use permit modifying the minimum property development standards in this chapter for affordable housing, as provided in Section 230.14. The proposed modifications shall be requested in writing by the applicant, accompanied by a detailed pro- forma, rental guidelines, deed restrictions, financial subsidies, and other types of documentation which will serve to demonstrate the need for a reduction of development standards. Modifications to the standards may include, but are not limited to, the parking requirements and open space. The specific standard(s) from which the applicant is requesting relief shall be identified and alternative development standard(s)proposed. (3334-6/97,3410-3/99) 210.12 Planned Unit Development Supplemental Standards and Provisions This section establishes supplemental development standards and provisions that shall apply to all planned unit developments. (3334-6/97) A. Maps. A tentative and final or parcel map shall be approved pursuant to Title 25, Subdivisions. (3334-6197) B. Project Design. 1. Driveway parking for a minimum of fifty percent of the units shall be provided when units are attached side by side. (3334-6/97) 2. A maximum of six units may be attached side by side and an offset on the front of the building a minimum of four (4) feet for every two units shall be provided. (3334-6/97) 3. A minimum of one-third of the roof area within a multi-story, multi-unit building shall be one story less in height than the remaining portion of the structure's roof area. (3334-6/97) C. Common Areas. Every owner of a lot or dwelling unit shall own as an appurtenance to such unit or lot either an undivided interest in the common areas and facilities or a share in the corporation, community association, or limited partnership owning the common areas and facilities. (3334-6197) D. Covenants. The developer shall submit a covenant setting forth a plan or manner of permanent care and maintenance of all common areas and communal facilities. Such covenant shall be included in the Covenant, Conditions, and Restrictions (CC&R's) applying to the property and shall be approved by the City Attorney and Director. The CC&R's shall be approved prior to final or parcel map approval and when approved, shall be recorded in the office of the Orange County Recorder. (3334-6/97) E. Maintenance. The corporation, community association, or limited partnership shall have the responsibility of maintaining the common areas and facilities as shown on the final development plans, the buildings and use of property for planned unit development. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 20 of 22 09-2302/40767 KEY INSERTIONS: Double underline DELETIONS RL, RM,RMH, RH, and RMP Districts: Additional Development Standards F. Sale of Lots. No dwelling unit or lot shall be sold or encumbered separately from an interest in the common areas and facilities in the development which shall be appurtenant to such dwelling unit or lot. No lot shall be sold or transferred in ownership from the other lots in the total development or approved phase of the development unless all approved community buildings, structures and recreational facilities for the total development, or approved phase thereof, have been completed, or completion is assured, by bonding or other method satisfactory to the City. (3334-6/97) G. Management Agreement. No lot or dwelling unit in the development shall be sold unless a corporation, community association, or limited partnership has been formed with the right to assess all those properties which are jointly owned with interests in the common areas and facilities in the development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Said entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units, and flexibility of assessments to meet changing costs of maintenance,repairs and services. The developer shall submit evidence of compliance with this requirement to and receive approval of the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. (3334-6/97) 210.14 RMP District Supplemental Development Standards This section establishes supplemental standards for the development of manufactured home parks. (3334-6/97) A. Individual space setbacks for manufactured homes and accessory structures shall be landscaped and are as follows: Front minimum 5 feet Side 10 feet aggregate, minimum 3 feet on any side Rear minimum 5 feet (3334-6/97,3410-3/99) B. Each space shall be provided with a minimum 150 cubic feet of enclosed, usable storage space. (3334-6/97,3410-3/99) C. The undercarriage of all manufactured homes shall be screened from view on all sides. (3334-6/97) D. A six foot high concrete or masonry wall shall be provided along all interior property lines of the manufactured home park. In addition, a 20 foot wide landscaped berm or a 10 foot wide landscaped area and a 6 foot high wall shall be located at the minimum front setback brie. (3334-6/97,3410-3/99) E. A boat or trailer storage area shall be provided and screened from view by a 6 foot high fence or wall. (3334-6/97,3410-3/99) F. Maximum site coverage for each individual manufactured home space shall be 75%. (3334-6/97,3410-3/99) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 21 of 22 09-2302/40767 KEY INSERTIONS: Double underline DELETIONS Stfil� RL, RM, RMH,RH, and RMP Districts: Additional Development Standards G. Projects in the RMP district shall provide a minimum common open space area of 200 square feet per manufactured home space. (3410-3/99) 210.16 Review of Plans All applications for new construction and exterior alterations and additions shall be submitted to the Community Development Department for review. Discretionary review shall be required as follows: (3334-6/97) A. Zoning Administrator Review. Projects requiring a conditional use permit from the Zoning Administrator; projects on substandard lots; see Chapter 241. (3334-6/97,3410-3/99) B. Design Review Board. See Chapter 244. (3334-6/97,3410-3/99) C. Planning Commission. Projects requiring a conditional use permit from the Planning Commission; see Chapter 241. (3334-6/97,3410-3/99) D. Projects in the Coastal Zone. A Coastal Development Permit is required unless the project is exempt; see Chapter 245. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 22 of 22 09-2302/40767 ATTACHMENT # 11 � KEY INSERTIONS: Double underline DELETIONS StfiI'o ORDINANCE NO. 3859 LEGISLATIVE DRAFT Chapter 211C Cofn>rrlerc><alI�><str>lcts jit (3285-6/95,3341-10/96,3334-6/97,3482-12/00,3522-2/02,3553-5/02,3568-9/02,3707-6/05,3774-9/07) (Note: Ordinance No.3774-9/07 is subject to approval by the California Coastal Commission) Sections: 211.02 Commercial Districts Established 211.04 CO, CG, and CV Districts: Land Use Controls 211.06 CO, CG and CV Districts: Development Standards 211.08 Review of Plans 211.02 Commercial Districts Established The purpose of the Commercial districts is to implement the General Plan and Local Coastal Program commercial land use designations. Three (3) commercial zoning districts are established by this chapter as follows: (3334-6/97) A. The CO Office Commercial District provides sites for offices for administrative, financial, professional, medical and business needs. B. The CG General Commercial District provides opportunities for the full range of retail and service businesses deemed suitable for location in Huntington Beach. C. The CV Visitor Commercial District implements the Visitor Serving Commercial land use designation within the coastal zone and provides uses of specific benefit to coastal visitors. More specifically, the CV district provides opportunities for visitor-oriented commercial activities, including specialty and beach related retail shops, restaurants, hotels, motels, theaters, museums, and related services. (3334-6/97) 211.04 CO, CG, and CV Districts: Land Use Controls In the following schedules, letter designations are used as follows: "P" designates use classifications permitted in commercial districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" that follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. "TU" designates use classifications allowed upon approval of a temporary use permit. Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 1 of 13 09-2302/40577 KEY INSERTIONS: Double underline DELETIONS ,Stfi�g "P/U" for an accessory use means that the use is permitted on the site of a permitted use, but requires a conditional use permit on the site of a conditional use. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the Zoning Ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. P = Permitted CO, CG, L = Limited (see Additional Provisions) and CV PC = Conditional use permit approved by Planning Commission Districts ZA = Conditional use permit approved by Zoning Administrator Land Use TU = Temporary Use Permit Controls P/U = Requires conditional use permit on site of conditional use = Not Permitted CO CG CV Additional Provisions Residential (J)(Q)(R)(V) (3334-6/91) Group Residential PC PC PC (3334-6/97) Multifamily Residential - - PC (3334-6/97) Public and Semipublic (J)(Q)(R)(V) (3334-6/97.3553-5/02) Clubs and Lodges P P - (3334-6/97,3707-6/05) Community and Human Services Drug Abuse Centers - PC - Primary Health Care L11 L11 - (3522-2/02) Emergency Kitchens - L-2 - Emergency Shelters - L-2 - Residential Alcohol Recovery, General - PC - Residential Care, General ZA ZA - (3707-06/05) Convalescent Facilities ZA ZA - (3707-W05) Cultural Institutions PC PC PC Day Care, General L-3 L-3 - (3707-06,05) Day Care, Large-Family P P - (Y) (3522-2/02) Emergency Health Care L-2 L-2 - (3334-6/97) Government Offices P P PC (3334-6/97) Heliports PC PC PC (B) Hospitals PC PC - (3334-6/97) Park & Recreation Facilities L-9 L-9 L-9 Public Safety Facilities PC PC PC Religious Assembly ZA ZA - (3522-2/02) (3522-2/02) Schools, Public or Private PC PC - Utilities, Major PC PC PC Utilities, Minor P P P (L) Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 2 of 13 09-2302/40577 KEY INSERTIONS: Double underline DELETIONS &Akeffifetigh P = Permitted CO, CG, L = Limited (see Additional Provisions) and CV PC = Conditional use permit approved by Planning Commission Districts ZA = Conditional use permit approved by Zoning Administrator Land Use TU = Temporary Use Permit Controls P/U = Requires conditional use permit on site of conditional use = Not Permitted CO CG CV Additional Provisions Commercial Uses (J)(Q)(R) (3341-0/96) Ambulance Services - ZA - Animal Sales & Services Animal Boarding - ZA - (3522-2/02) Animal Grooming - P - Animal Hospitals - ZA - (3522-2/02) Animals: Retail Sales - P - Equestrian Centers (CG Zone) - PC - (S) (3707-6lo5) Pet Cemetery - PC - Artists' Studios P P P Banks and Savings & Loans P P P With Drive-Up Service P P P (3522-2/02) Building Materials and Services - P - Catering Services P P P Commercial Filming P P P (F) Commercial Recreation and Entertainment - PC PC (D) Communication Facilities L-13 L-13 L-13 (3568-9/02) Eating and Drinking Estab. L-4 L-4 L-4 (3522-2/02,3707-6/05) W/Alcohol ZA ZA ZA (N)(Y) (3522-2/02) W/Drive Through - P P (3522-2/02,3707-6/05) W/Live Entertainment ZA ZA ZA (W)(Y) (3522-2/02) W/Dancing PC PC PC (H) W/Outdoor Dining ZA ZA ZA (X)(Y) (3522-2/02) Food & Beverage Sales - P L-2 W/Alcoholic Beverage Sales - ZA ZA (N) Funeral & Internment Services - ZA - Laboratories L-1 L-1 - Maintenance & Repair Services - P - Marine Sales and Services - P P Nurseries - ZA - Offices, Business & Professional P P P (3334-6/97) Pawn Shops - ZA - Personal Enrichment Services L-10 L-10 - (Y) (3522-2/02) Personal Services P P P Research & Development Services L-1 ZA - Retail Sales - P P (U)(V) (3285-6/95,3334-6/97,3482-12/00) Secondhand Appliances/Clothing - P - Swap Meets, Indoor/Flea Markets - PC - (T) Swap Meets, Recurring - ZA - Tattoo Establishments - PC - Travel Services P P P Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 3 of 13 09-2302/40577 KEY INSERTIONS: Double underline DELETIONS Slfi4 l eugh P = Permitted CO, CG, L = Limited (see Additional Provisions) and CV PC = Conditional use permit approved by Planning Commission Districts ZA = Conditional use permit approved by Zoning Administrator Land Use TU = Temporary Use Permit Controls P/U = Requires conditional use permit on site of conditional use = Not Permitted CO CG CV Additional Provisions Vehicle Equipment/Sales & Services Automobile Rentals - L-8 L-8 L-12 Automobile Washing - ZA - (3707-6/05) Commercial Parking - ZA ZA (P) (3707-6/05) Service Stations - PC PC (E) Vehicle Equip. Repair - L-5 - Vehicle Equip. Sales & Rentals ZA ZA - L-12 (3522-2/02) Vehicle Storage - ZA - (3707-6/05) Visitor Accommodations Bed& Breakfast Inns PC PC PC (K) (3707-6/05,3774-9/07 subject to approval by the CA Coastal Commission) Hotels, Motels - PC PC (1) (3334-6/97.3707-6/05, 3774-9/07-subject to approval by the CA Coastal Commission) Condominium—Hotel - - PC (Z) (3774-9/07,3707-9/07 subject to approval by the CA Coastal Commission) Fractional Ownership Hotel (3774-9/07-subject to approval by the CA Coastal Commission) Quasi Residential TT (3334-6/97 Timeshares - PC - (I)(J) (3334-6/97,3774-9/07 subject to approval by the CA Coastal LT TT Commission)) Residential Hotel - PC - (J) (3334-6/97,3774-9/07 subject to approval by the CA Coastal Commission)) Single Room Occupancy - PC - 13774-9/07,3774-9/07 subject to approval by the CA Coastal Commission)) Industrial (J)(Q)(R)(V) (3334-6/97) Industry, Custom - L-6 L-6 Accessory Uses (J)(V) (3334-6/97) Accessory Uses & Structures P/U P/U P/U Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 4 of 13 09-2302/40577 KEY INSERTIONS: Double underline DELETIONS c. ik = Temporary Uses (F)(J)(V) (3334-6/97) Animal Shows - TU - Circus and Carnivals and Festivals - TU - (3522-2/02) Commercial Filming, Limited - P P (M) Real Estate Sales P P P (3522-2/02,3707-6/05) Retail Sales, Outdoor - TU TU (M) (3522-2/02) Seasonal Sales TU TU TU (M) (3522-2102) Tent Event - P - (3522-2102,3707-6/05) Trade Fairs - P - (3707-6/05) Nonconforming Uses (G)(J)(V) (3334-6/97) (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 5 of 13 09-2302/40577 KEY INSERTIONS: Double underline DELETIONS Str4, � CO, CG, and CV Districts: Additional Provisions L-1 Permitted if the space is 5,000 square feet or less; allowed with Neighborhood Notification pursuant to Chapter 241 if the laboratory space exceeds 5,000 square feet. (3707-6/05) L-2 Allowed with a conditional use permit from the Zoning Administrator if the space is 5,000 square feet or less; allowed with a conditional use permit from the Planning Commission if the space exceeds 5,000 square feet. (See Section 230.52 Emergency Shelters.l (3707-6/05) L-3 Allowed with a conditional use permit from the Zoning Administrator if the space is 2,500 square feet or less; allowed with a conditional use permit from the Planning Commission if the space exceeds 2,500 square feet. (3334-6/97,3707- 6/05)) L-4 Permitted if greater than 300 feet from residential zone or use; if 300 feet or less from residential zone or use neighborhood notification is required pursuant to Chapter 241. (3522-2/02,3707-6/05) L-5 Only "limited" facilities are allowed subject to approval of a conditional use permit from the Zoning Administrator, and body and fender shops are permitted only as part of a comprehensive automobile-service complex operated by a new vehicle dealer. L-6 Only "small-scale" facilities, as described in Use Classifications, are permitted with a maximum 7 persons employed full time in processing or treating retail products, limited to those sold on the premises. (3522-2/02) L-7 Repealed. (3707-6/05) L-8 On-site storage limited to two rental cars or two cars for lease. (3707-6/05) L-9 Public facilities permitted,but a conditional use permit from the Zoning Administrator is required for commercial facilities. L-10 Permitted if the space is 5,000 square feet or less; allowed with conditional use permit approval from the Zoning Administrator if space exceeds 5,000 square feet. (3522-2/02,3707-6/05) In addition, Personal Enrichment uses within a retail building parked at a ratio of one (1) space per 200 square feet, shall require no additional parking provided the use complies with the following: (3522-2/02) • Maximum number of persons per classroom does not exceed the number of parking spaces allocated to the suite based upon the square footage of the building; and (3522-2/02) • The instruction area does not exceed 75 percent of total floor area of the personal enrichment building area. (3522-2/02) L-11 Permitted if the space is 5,000 square feet or less; allowed with a conditional use permit from the Zoning Administrator if the space exceeds 5,000 square feet. (3522-2/02, 3707-6/05) Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 6 of 13 09-2302/40577 KEY INSERTIONS: Double underline DELETIONS 1 L-12 Permitted for existing facilities proposing to expand up to 20% of existing floor area or display area. (3522-2/02,3707-6/05) L-13 For wireless communication facilities see Section 230.96 Wireless Communication Facilities. All other communication facilities permitted. (3568-9/02) (A) Reserved. (3553-5102) (B) See Section 230.40: Helicopter Takeoff and Landing Areas. (C) Repealed (3378-2/98) (D) See Section 230.38: Game Centers; Chapter 5.28: Dance Halls; Chapter 9.24: Card Rooms; Chapter 9.32: Poolrooms and Billiards; and Chapter 9.28: Pinball Machines. (E) See Section 230.32: Service Stations. (F) See Section 241.20: Temporary Use Permits (G) See Chapter 236: Nonconforming Uses and Structures. (H) For teen dancing facilities, bicycle racks or a special bicycle parking area shall be provided. These may not obstruct either the public sidewalk or the building entry. See also Chapter 5.28: Dancing Halls; Chapter 5.44: Restaurants - Amusement and Entertainment Premises, and Chapter 5.70: Adult Entertainment Businesses. (3341-10/96) (I) Only permitted on a major arterial street, and a passive or active outdoor recreational amenity shall be provided. (3707-6/05) (J) In the CV District the entire ground floor area and at least one-third of the total floor area shall be devoted to visitor-oriented uses as described in the certified Local Coastal Program Land Use Plan. Any use other than visitor serving commercial shall be located above the ground level, and a conditional use permit from the Planning Commission or the Zoning Administrator is required. Any use other than visitor serving commercial uses shall only be permitted if visitor serving uses are either provided prior to the other use or assured by deed restriction as part of the development. No office or residential uses shall be permitted in any visitor serving designation seaward of Pacific Coast Highway. (3334-6/97,3707-6/05) (K) See Section 230.42: Bed and Breakfast Inns. (L) See Section 230.44: Recycling Operations. (M) Subject to approval by the Police Department, Public Works Department, Fire Department and the Director. See also Section 230.86 Seasonal Sales. (N) The following businesses proposing to sell alcoholic beverages for on-site or off-site consumption are exempt from the conditional use permit process: Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 7 of 13 09-2302/40577 KEY INSERTIONS: Double underline DELETIONS Stfi� (1) Retail markets with no more than 10 percent of the floor area devoted to sales, display, and storage of alcoholic beverages provided the sale of alcoholic beverages is not in conjunction with the sale of gasoline or other motor vehicle fuel. (3522-2/02) (2) Restaurants, Bars-and Liquor stores located 300 feet or more from any R or PS district,public or private school, church, or public use. (3522-2/02) (3) Florist shops offering the sale of a bottle of an alcoholic beverage together with a floral arrangement. (0) See Section 230.46: Single Room Occupancy. (P) See Chapter 231 for temporary and seasonal parking. (Q) Development of vacant land or additions of 10,000 square feet or more in floor area; or additions equal to or greater than 50% of the existing building's floor area; or additions to buildings on sites located within 300 feet of a residential zone or use for a permitted use requires approval of a conditional use permit from the Zoning Administrator. The Planning Director may refer any proposed addition to the Zoning Administrator if the proposed addition has the potential to impact residents or tenants in the vicinity(e.g., increased noise, traffic). (3522-2/02) (R) Projects within 500 feet of a PS District see Chapter 244. (S) See Section 230.48: Equestrian Centers (T) See Section 230.50: Indoor Swap Meets/Flea Markets (U) See Section 230.94: Carts and Kiosks (3248-6/95,3334-6/97, 3482-12/00) (V) In the coastal zone, the preferred retail sales uses are those identified in the Visitor Serving Commercial land use designation which provide opportunities for visitor-oriented commercial activities including specialty and beach related retail shops, restaurants, hotels,motels, theaters, museums, and related services. (W) Non-amplified live entertainment greater than 300 feet from a residential zone or use shall be permitted without a conditional use permit. (3522-2/02) (X) Outdoor dining with alcohol sales shall be permitted with a conditional use permit to the Zoning Administrator. Outdoor dining without alcohol sales that is 400 square feet or less shall be permitted without a conditional use permit. If over 400 square feet with no alcohol sales, Neighborhood Notification shall be required pursuant to Chapter 241. (3522-2/02,3707-6/05) (Y) Neighborhood Notification requirements pursuant to Chapter 241. (3522-2/02,3707- 6/05) (Z) In the CV District, Condominium-Hotels and/or Fractional Interest Hotels are allowed only at the Pacific City(Downtown Specific Plan District 7) and Waterfront (Downtown Specific Plan District 9) sites. Refer to Downtown Specific Plan. (3774-9/07 subject to approval by the CA Coastal Commission) Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 8 of 13 09-2302/40577 KEY INSERTIONS: Double underline DELETIONS &tfi � 211.06 CO, CG and CV Districts: Development Standards The following schedule prescribes development standards for the CO, CG and CV districts. The first three columns prescribe basic requirements for permitted and conditional uses in each district. Letters in parentheses in the "Additional Requirements" column refer to standards following the schedule or located elsewhere in the zoning ordinance. In calculating the maximum gross floor area as defined in Chapter 203, the floor area ratio is calculated on the basis of net site area. Fractional numbers shall be rounded down to the nearest whole number. All required setbacks shall be measured from ultimate right-of-way and in accordance with definitions set forth in Chapter 203, Definitions. (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 9 of 13 09-2302/40577 KEY INSERTIONS: Double underline DELETIONSl�gb CO, CG and CV DISTRICTS DEVELOPMENT STANDARDS CO CG CV Additional Requirements Residential Development (A)(B) Nonresidential Development (B) Minimum Lot Area (sq. ft.) 10,000 10,000 10,000 (C) Minimum Lot Width (ft.) 100 100 100 Minimum Setbacks Front (ft.) 10 10 0 (D)(E)(0) (3707-6105) Side (ft.) 5 0 0 (F) (3707-6105) Street Side (ft.) 10 10 0 (E) (3707-6/05) Rear(ft.) 5 0 0 (F) (3707-6/05) Maximum Height of Structures (ft.) 40 50 50 (F)(G) Maximum Wall Dimensions (N) Maximum Floor Area Ratio (FAR) 1.0 1.5 1.5 Minimum Site Landscaping(%) 8 8 8 (H)(I) Building Design Standards (0) Fences and Walls (J)(K) Off-Street Parking/Loading (L) Outdoor Facilities See Section 230.74 (M) (3707-6/05) Screening of Mechanical Equipment See Section 230.76 (M) Refuse Storage Areas See Section 230.78 Underground Utilities See Chapter 17.64 Performance Standards See Section 230.82 Nonconforming Structures See Chapter 236 Signs See Chapter 233 CO, CG, and CV Districts: Additional Development Standards (A) Dwelling units shall be subject to the standards for minimum setbacks, height limits, maximum density, open space,balconies and bay windows, and parking for the RMH District. The setback standards shall apply only to the stories of a building that are intended for residential use. (B) See Section 230.62: Building Site Required and Section 230.64: Development on Substandard Lots. (C) The minimum site area for a hotel or motel is 20,000 square feet. (D) See Section 230.68: Building Projections into Yards and Required Open Space. Double-frontage lots shall provide front yards on each frontage. (E) A minimum 50-foot setback is required along Beach Boulevard, Pacific Coast Highway and Edinger Avenue or 25-foot setback with the setback area entirely landscaped. Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 10 of 13 09-2302/40577 KEY INSERTIONS: Double underline DELETIONS (F) Along a side or rear property line abutting an R district, a 10-foot setback is required, and structures within 45 feet of the district boundary shall not exceed 18 feet in height. (G) See Section 230.70: Measurement of Height and Section 230.72: Exceptions to Height Limits. (H) Planting Areas: (1) Required front and street side yards shall be planting areas except properties with 50 foot setback shall provide a minimum 10 foot wide planting area along street frontages. (2) Required side and rear yards shall be planting areas or shall be enclosed by a solid concrete or masonry wall at least 6 feet in height. (3) Hotels and Motels. A 15-foot wide landscaped strip shall be provided along all street frontages, except for necessary driveways and walks. (I) See Chapter 232: Landscape Improvements. (J) See Section 230.88: Fencing and Yards. (K) A solid masonry or concrete wall at least 6 feet in height shall adjoin the site of an existing ground-floor residential use. However, where the portion of the site within 10 feet of the front property line is occupied by planting area or by a building having no openings except openings opposite a street property line, the Director may grant an exception to this requirement. A wall within 15 feet of a street property line shall not exceed 3.5 feet in height. (L) See Chapter 231: Off-Street Parking and Loading. (M) See Section 230.44: Recycling Operations and Section 230.80: Antennae. (N) A front or street side wall surface shall be no longer than 100 feet without a break, a recess or offset measuring at least 20 feet in depth and one-quarter of the building length, or a series of offsets, projections or recesses at intervals of not more than 40 feet that vary the depth of the building wall by a minimum of 4 feet. The Director may grant exceptions or allow these standards to be modified for exceptional or unique structures subject to Design Review, Chapter 244. (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 11 of 13 09-2302/40577 KEY INSERTIONS: Double underline DELETIONS � 2p ft. 20ft. I_ Max.100 ft. unbroken wall—' 25 ft. or more ^\ 1O tt0tt0 — Single Horizonal Offsets: 20ft. Max. 100 ft. unbroken wall 2 ft. 20ft. 40FT. Min. 4 ft. �1_ recess 77 25 ft. f 25% of wall or more must be varied I Variable Offsets- 20 ft and 4 ft. 211-OFFS MAXIMUM WALL LENGTH AND REQUIRED BREAK (0) Two building design standards are established to make commercial areas more attractive and provide a unified streetscape: (1) In the CV District a 10-foot minimum upper-story setback is required above the second story along street frontages. (3707-6/05) (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 12 of 13 09-2302/40577 KEY INSERTIONS: Double underline DELETIONS c.fike, � LRequired Setback _ 1 Max.two stories without vertical break 211-CVSB. CV DISTRICT: UPPER-STORY SETBACK (2) In the CO and CV Districts, and on frontages adjacent to major or primary arterials in the CG District at least 40 percent of a building surface may be located at the minimum setback line if additional landscaping is provided on the site. Min. 40 percent of front building elevation at setback line Setback line 211-FACE.BMP BUILDING FACE AT SETBACK LINE 211.08 Review of Plans All applications for new construction, initial establishment of use, exterior alterations and additions shall be submitted to the Planning Department for review. Discretionary review shall be required as follows: (3522-2/02) A. Zoning Administrator Review. Projects requiring a conditional use permit from the Zoning Administrator; projects on substandard lots; see Chapter 241. B. Design Review Board. Projects within redevelopment project areas and areas subject to specific plans; projects within 500 feet of a PS District; see Chapter 244. C. Planning Commission. Projects requiring a conditional use permit from the Planning Commission; see Chapter 241. D. Projects in the Coastal Zone. A Coastal Development Permit is required unless the project is exempt; see Chapter 245. Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 13 of 13 09-2302/40577 ATTACHMENT # 12 KEY INSERTIONS: Double underline � r-"' . ORDINANCE N0. 3860 DELETIONS LEGISLATIVE DRAFT Cha tee 212 1 Industrial Districts (3254-10/94,3378-2/98,3523-2/02,3568-9/02, Emergency Ord. 3703-3/21105,3708-6/05,3724-02/06,3788-12/07) Sections: 212.02 Industrial Districts Established 212.04 IG and IL Districts: Land Use Controls 212.06 IG and IL Districts: Development Standards 212.08 Review of Plans 212.02 Industrial Districts Established (3254-10/94) Two (2) industrial zoning districts are established by this chapter as follows: (3254-10/94) A. The IG General Industrial District provides sites for the full range of manufacturing, industrial processing, resource and energy production, general service, and distribution. (3254-10/94) B. The IL Limited Industrial District provides sites for moderate-to low-intensity industrial uses, commercial services and light manufacturing. (3254-10/94) 212.04 IG and.IL Districts: band Use Controls (3254-10/94,3788-12/07) In the following schedules, letter designations are used as follows: (3254-10/94) "P" designates use classifications permitted in the I districts. (3254-10/94) "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" which follow. (3254-10/94) "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. (3254-10/94) "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. (3254-10/94) "TU" designates use classifications allowed upon approval of a temporary use permit by the Zoning Administrator.(3254-10194) "P/U" for an accessory use means that the use is permitted on the site of a permitted use, but requires a conditional use permit on the site of a conditional use. (3254-10/94) Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to requirements following the schedule or located elsewhere in this ordinance. Where letters in parentheses are opposite a use classification heading,referenced provisions shall apply to all use classifications under the heading. (3254-10/94) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 1 of 11 09-2302/40578 KEY INSERTIONS: Double underline DELETIONS ,Steil LEGISLATIVE DRAFT IG AND IL P - Permitted DISTRICTS: L - Limited (see Additional Provisions) LAND USE PC - Conditional use permit approved by Planning Commission CONTROLS ZA - Conditional use permit approved by Zoning Administrator TU - Temporary Use Permit P/U - Requires conditional use permit on site of conditional use - - Not Permitted Additional IG IL Provisions Residential Group Residential PC PC (J) Public and Semipublic (A)(M)(3708-6/05,3724-02/06) Community and Human Service Facilities PG PC (L) (3708-6/05;3724-02/06) Day Care, General ZA ZA (3523-2/02) Heliports PC PC (0) Maintenance &Serivee Service Facilities ZA ZA (3708-6/05) Public Safety Facilities P P Religious Assembly ZA ZA (3724-02/06) Schools, Public or Private L-6 L-6 Utilities, Major PC PC Utilities, Minor L-7 L-7 (P) Commercial Uses (D)(M) Ambulance Services ZA ZA Animal Sales and Services Animal Boarding ZA ZA (3523-2102) Animal Hospitals ZA ZA (3523-2/02) Artists' Studios P P Banks and Savings and Loans L-1 L-1 Building Materials and Services P P Catering Services - P Commercial Filming ZA ZA Commercial Recreation and Entertainment L-2 L-2 Communication Facilities L-12 L-12 (3568-9102) Eating& Drinking Establishments L-3 L-3 w/Live Entertainment ZA ZA (S)(U)(3523-2/02) Food& Beverage Sales ZA ZA (3523-2/02) Hospitals and Medical Clinics - PC Laboratories P P Maintenance & Repair Services P P Marine Sales and Services P P Nurseries P P Offices, Business &Professional L-1 L-1 (H) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 2 of 11 09-2302/40578 KEY INSERTIONS: Double underline DELETIONS Str4 feu LEGISLATIVE DRAFT IG AND IL P - Permitted DISTRICTS: L - Limited (see Additional Provisions) LAND USE PC - Conditional use permit approved by Planning Commission CONTROLS ZA- Conditional use permit approved by Zoning Administrator TU - Temporary Use Permit P/U - Requires conditional use permit on site of conditional use - Not Permitted Additional IG IL Provisions Personal Enrichment L-9 L-9 (U) (3523-2/02) Personal Services L-1 L-1 Quasi Residential PC PC (K) (3708-6/05) Research& Development Services P P Sex Oriented Businesses L-11 L-11 (3378-2/98) (regulated by HBMC Chapter 5.70) (3378-2/98) Sex Oriented Businesses PC PC (R) (3378-2/98) (regulated by HBMC Chapters 5.24 & 5.60) (3378-2/98) Swap Meets, Indoor/Flea Markets PC PC (Q) Vehicle/Equipment Sales & Services Service Stations L-4 L-4 Vehicle/Equipment Repair P P Vehicle/Equip. Sales/Rentals L-5 L-5 Vehicle Storage P ZA (I) Visitor Accommodations ZA ZA (3708-6/05) Warehouse and Sales Outlets L-8 L-8 Industrial (See Chapter 204) (B)(M)(N) Industry, Custom P P Industry, General P P Industry, Limited P P Industry, R& D P P Wholesaling, Distribution& Storage P P Accessory Uses Accessory Uses and Structures P/U P/U (C) Temporary Uses Commercial Filming, Limited P P (T) (3523-2/02) Real Estate Sales P P (3 523-2102,3708-6/05) Trade Fairs P P (E) (3708-6/05) Nonconforming Uses (F) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 3 of 11 09-2302/40578 KEY INSERTIONS: Double underline DELETIONS &fil� LEGISLATIVE DRAFT IG AND IL Districts: Additional Provisions L-1 Only allowed upon approval of a conditional use permit by the Zoning Administrator for a mixed use project, subject to the following requirements: (3254-10/94,3708-6/05) Minimum site area: 3 acres (3254-10/94) Maximum commercial space: 35 percent of the gross floor area and 50 percent of the ground floor area of buildings fronting on an arterial highway. (3254-10/94) Phased development: 25 percent of the initial phase must be designed for industrial occupancy. For projects over 500,000 square feet, the initial phase must include 5 percent of the total amount of industrial space or 50,000 square feet of industrial space, whichever is greater. (3254- 10/94) L-2 Allowed upon approval of a conditional use permit by the Zoning Administrator when designed and oriented for principal use by employees of the surrounding industrial development or when designed for general public use, after considering vehicular access and parking requirements. (3254-10/94,3708-6/05) L-3 Allowed upon approval of a conditional use permit by the Zoning Administrator when in a free- standing structure or as a secondary use in a building provided that no more than 20 percent of the floor area is occupied by such a use. (3254-10/94,3523-2/02) L-4 Only stations offering services primarily oriented to businesses located in an I District are allowed with a conditional use permit by the Planning Commission. (3254-10/94) L-5 No new or used automobile, truck or motorcycle retail sales are permitted. (3254-10/94) L-6 Only schools offering higher education curriculums are allowed with conditional use permit approval by the Planning Commission. No day care, elementary or secondary schools are permitted. (3254-10/94) L-7 Recycling Operations as an accessory use are permitted; recycling operations as a primary use are allowed upon approval of a conditional use permit by the Zoning Administrator. (3254-10/94, 3708-6/05) L-8 Allowed upon conditional use permit approval by the Planning Commission when a single building with a minimum area of 100,000 square feet is proposed on a site fronting an arterial. The primary tenant shall occupy a minimum 95% of the floor area and the remaining 5%may be occupied by secondary tenants. (3254-10/94) L-9 Permitted if the space is 5,000 square feet or less; allowed by Neighborhood Notification pursuant to Chapter 241 if the space is over 5,000 square feet. (3254-10/94,3523-2/02,3708-6/05) L-10 RESERVED (3254-10/94,3523-2/02,3724-02/06) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 4 of 11 09-2302/40578 KEY INSERTIONS: Double underline DELETIONS Strip LEGISLATIVE DRAFT IG AND IL Districts: Additional Provisions(continued) L-11 Allowed subject to the following requirements: (3378-2/98) A. A proposed sex oriented business shall be at least five hundred feet (500') from any residential use, school, park and recreational facility, or any building used for religious assembly(collectively referred to as a "sensitive use") and at least seven hundred fifty feet(750') from another sex oriented business. For purposes of these requirements, all distances shall be measured from the lot line of the proposed sex oriented business to the lot line of the sensitive use or the other sex oriented business. The term "residential use" means any property zoned RL, RM, RMH, RH, RMP, and any properties with equivalent designations under any specific plan. (3378-2/98) To determine such distances the applicant shall submit for review a straight line drawing depicting the distances from the lot line of the parcel of land on which the sex oriented business is proposed which includes all the proposed parking and: (3378-2/98) 1. the lot line of any other sex oriented business within seven hundred fifty feet (750') of the lot line of the proposed sex oriented business; and (3378-2/98) 2. the lot line of any building used for religious assembly, school, or park and recreational facility within five hundred(500') feet of the lot line of the proposed sex oriented business; and (3378-2/98) 3. the lot line of any parcel of land zoned RL, RM, RMH, RH, and RMP and any parcels of land with equivalent designations under any specific plans within five hundred feet(500') of the lot line of the proposed sex oriented business. (3378- 2/98) B. The front facade of the building, including the entrance and signage, shall not be visible from any major, primary or secondary arterial street as designated by the Circulation Element of the General Plan adopted May, 1996, with the exception of Argosy Drive. (3378-2/98) C. Prior to or concurrently with applying for a building permit and/or a certificate of occupancy for the building,the applicant shall submit application for Planning Department Staff Review of a sex oriented business zoning permit with the drawing described in subsection A, a technical site plan, floor plans and building elevations, and application fee. Within ten(10) days of submittal,the Director shall determine if the application is complete. If the application is deemed incomplete,the applicant may resubmit a completed application within ten(10) days. Within thirty days of receipt of a completed application,the Director shall determine if the application complies with the applicable development and performance standards of the Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 5 of 11 09-2302/40578 KEY INSERTIONS: Double underline DELETIONS S4ik-e� LEGISLATIVE DRAFT IG AND IL Districts: Additional Provisions(continued) Huntington Beach Zoning and Subdivision Ordinance. Said standards include but are not limited to the following: (3378-2/98) 1. Chapter 203, Definitions; Chapter 212, Industrial Districts; Chapter 230, Site Standards; Chapter 231, Off-Street Parking & Loading Provisions; Chapter 232, Landscape Improvements; and Chapter 236,Nonconforming Uses and Structures. (3378-2/98) 2. Chapter 233.08(b), Signs. Signage shall conform to the standards of the Huntington Beach Zoning and Subdivision Ordinance Code except a. that such signs shall contain no suggestive or graphic language, photographs, silhouettes, drawings, statues, monuments, sign shapes or sign projections, or other graphic representations, whether clothed or unclothed, including without limitation representations that depict "specified anatomical areas" or "specified sexual activities"; and (3378- 2/98) b. only the smallest of the signs permitted under Chapter 233.08(b) shall be visible from any major, primary or secondary arterial street, such streets shall be those designated in the Circulation Element of the General Plan adopted May, 1996, with the exception of Argosy Drive. 3. Compliance with Huntington Beach Municipal Code Chapter 5.70. (3378-2/98) D. The Director shall grant or deny the application for a sex oriented business zoning permit for a sex oriented business. There shall be no administrative appeal from the granting or denial of a permit application thereby permitting the applicant to obtain prompt judicial review. (3378-2/98) E. Ten (10) working days prior to submittal of an application for a sex oriented business zoning permit for Staff Review,the applicant shall: (i) cause notice of the application to be printed in a newspaper of general circulation; and(ii) give mailed notice of the application to property owners within one thousand (1000') feet of the proposed location of the sex oriented business; and the City of Huntington Beach, Department of Community Development by first class mail. (3378-2/98) The notice of application shall include the following: (3378-2/98) 1. Name of applicant; (3378-2/98) 2. Location of proposed sex oriented business, including street address (if known) and/or lot and tract number; (3378-2198) 3. Nature of the sex oriented business, including maximum height and square footage of the proposed development; (3378-2/98) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 6 of 11 09-2302/40578 KEY INSERTIONS: Double underline DELETIONS S4ile4ffouo LEGISLATIVE DRAFT 4. The City Hall telephone number for the Department of Community Development to call for viewing plans; (3378-2/98) IG AND IL Districts: Additional Provisions(continued) 5. The date by which any comments must be received in writing by the Department of Community Development. This date shall be ten(10) working days from staff review submittal; and (3378-2/98) 6. The address of the Department of Community Development. (3378-2/98) F. A sex oriented business may not apply for a variance pursuant to Chapter 241 nor a special sign permit pursuant to Chapter 233. (3378-2/98) G. A sex oriented business zoning permit shall become null and void one year after its date of approval unless: (3378-2/98) 1. Construction has commenced or a Certificate of Occupancy has been issued, whichever comes first; or (3378-2/98) 2. The use is established. (3378-2/98) H. The validity of a sex oriented business zoning permit shall not be affected by changes in ownership or proprietorship provided that the new owner or proprietor promptly notifies the Director of the transfer. (3378-2/98) I. A sex oriented business zoning permit shall lapse if the exercise of rights granted by it is discontinued for 12 consecutive months. (3378-2/98) L-12 For wireless communication facilities see section 230.96 Wireless Communication Facilities. All other communication facilities permitted. (3568-9/02) (A) Repealed. (3254-10/94,3708-6/05) (B) A conditional use permit from the Zoning Administrator is required for any new use or enlargement of an existing use, or exterior alterations and additions for an existing use located within 150 feet of an R district. The Director may waive this requirement if there is no substantial change in the character of the use which would affect adjacent residential property in an R District. (3254-10/94) (C) Accessory office uses incidental to a primary industrial use are limited to 10 percent of the floor area of the primary industrial use. (3254-10/94) (D) Adjunct office and commercial space, not to exceed 25 percent of the floor area of the primary industrial use, is allowed with a conditional use permit from the Zoning Administrator, provided that it is intended primarily to serve employees of the industrial use, no exterior signs advertise the adjunct use, the adjunct use is physically separated from the primary industrial use, any retail sales are limited to goods manufactured on-site, and the primary industrial fronts on an arterial. (3254-10/94) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 7 of 11 09-2302/40578 KEY INSERTIONS: Double underline DELETIONS S4ik-,�� LEGISLATIVE DRAFT (E) See Section 241.22: Temporary Use Permits. (3254-10/94) (F) See Chapter 236: Nonconforming Uses and Structures. (3254-10/94) IG AND IL Districts: Additional Provisions(continued) (H) Medical/dental offices, insurance brokerage offices, and real estate brokerage offices, except for on-site leasing offices, are not permitted in any I District. (3254-10/94) Administrative, management, regional or headquarters offices for any permitted industrial use, which are not intended to serve the public, require a conditional use permit from the Zoning Administrator to occupy more than 10 percent of the total amount of space on the site of the industrial use. (3254-10/94) (1) Automobile dismantling, storage and/or impound yards may be permitted subject to the approval of a conditional use permit by the Planning Commission and the following criteria: (3254-10/94) (a) The site shall not be located within 660 feet of an R district. (3254-10/94) (b) All special metal cutting and compacting equipment shall be completely screened from view. (3254-10/94) (c) Storage yards shall be enclosed by a solid 6-inch concrete block or masonry wall not less than 6 feet in height and set back a minimum 10 feet from abutting streets with the entire setback area permanently landscaped and maintained. (3254-10/94) (d) Items stacked in the storage yard shall not exceed the height of the screening walls or be visible from adjacent public streets. (3254-10/94) (J) Limited to facilities serving workers employed on-site. (3254-10/94) (K) Limited to: Single Room Occupancy uses (See Section 230.46). (3254-10/94,3708-6/05) (L) Limited to Emergency Shelters. (See Section 230.52 Emergency Shelters.) (3254-10/94) (M) Development of vacant land and/or additions of 10,000 square feet or more in floor area; or additions equal to or greater than 50% of the existing building's floor area; or additions to buildings on sites located within 300 feet of a residential zone or use for a permitted use requires approval of a conditional use permit from the Zoning Administrator. The Planning Director may refer any proposed addition to the Zoning Administrator if the proposed addition has the potential to impact residents or tenants in the vicinity(e.g., increased noise, traffic). (3254-10/94,3523-2/02) (N) Major outdoor operations require conditional use permit approval by the Planning Commission. Major outside operations include storage yards and uses utilizing more than 1/3 of the site for outdoor operation. (3254-10194) (0) See Section 230.40: Helicopter Takeoff and Landing Areas. (3254-10/94) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 8 of 11 KEY INSERTIONS: Double underline DELETIONS LEGISLATIVE DRAFT (P) See Section 230.44: Recycling Operations. (3254-10/94) (Q) See Section 230.50: Indoor Swap Meets/Flea Markets (3254-10/94) (R) See L-I I(A)relating to locational restrictions. (3254-10/94,3378-2/98) IG AND IL Districts: Additional Provisions(continued) (S) Non-amplified live entertainment greater than 300 feet from a residential zone or use shall be permitted without a conditional use permit. (3523-2/02) (T) Subject to approval by the Police Department, Public Works Department, and Fire Department and the Planning Director. (3523-2/02) (U) Neighborhood notification requirements when no entitlement required pursuant to Chapter 241. (3523-2/02,3708-6/05) 212.06 IG AND IL Districts: Development Standards The following schedule prescribes development standards for the I Districts. The first two columns prescribe basic requirements for permitted and conditional uses in each district. Letters in parentheses in the "Additional Requirements" column reference requirements following the schedule or located elsewhere in this ordinance. In calculating the maximum gross floor area as defined in Chapter 203,the floor area ratio is calculated on the basis of net site area. Fractional numbers shall be rounded down to the nearest whole number. All required setbacks shall be measured from ultimate right-of-way and in accordance with definitions set forth in Chapter 203, Definitions. (3254-10/94) Additional IG I1L Requirements Residential Development (M) Nonresidential Development Minimum Lot Area(sq. ft.) 20,000 20,000 (A)(B) (3708-06/05) Minimum Lot Width (ft.) 100 100 (A)(B) Minimum Setbacks (A)(C) Front(ft.) 10;20 10;20 (D) Side (ft.) 0 15 (E)(F)(3708-06/05) Street Side (ft.) 10 10 Rear (ft.) 0 0 (E) (3708-06/05) Maximum Height of Structures (ft.) 40 40 (G) Maximum Floor Area Ratio (FAR) 0.75 0.75 Minimum Site Landscaping (%) 8 8 (H)(1) Additional IG IL Requirements Fences and Walls See Section 230.88 Off-Street Parking and Loading See Chapter 231 (J) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 9 of 11 09-2302/40578 KEY INSERTIONS: Double underline DELETIONS S4ik� LEGISLATIVE DRAFT Outdoor Facilities See Section 230.74 Screening of Mechanical Equipment See Section 230.76 (K) Refuse Storage Area See Section 230.78 Underground Utilities See Chapter 17.64 Performance Standards See Section 230.82 (L) Nonconforming Uses and Structures See Chapter 236 Signs See Chapter 233 IG AND IL Districts: Additional Development Standards (A) See Section 230.62: Building Site Required and Section 230.64: Development on Substandard Lots. (3254-10/94) (B) Smaller lot dimensions for new parcels may be permitted by the Zoning Administrator with an approved development plan and tentative subdivision map. (3254-10/94) (C) See Section 230.68: Building Projections into Yards and Required Open Space. Double- frontage lots shall provide front yards on each frontage. (3254-10/94) (D) The minimum front setback shall 10 feet and the average setback 20 feet, except for parcels fronting on local streets where only a 10 foot setback is required. (3254-10/94) All I Districts: An additional setback is required for buildings exceeding 25 feet in height(1 foot for each foot of height) and for buildings exceeding 150 feet in length(1 foot for each 10 feet of building length) up to a maximum setback of 30 feet. (3254-10/94) (E) In all I districts, a 15-foot setback is required abutting an R district and no openings in buildings within 45 feet of an R district. (3254-10/94) (F) A zero-side yard setback may be permitted in the I districts, but not abutting an R district, provided that a solid wall at the property line is constructed of maintenance-free masonry material and the opposite side yard is a minimum of 30 feet. (3254-10/94) Exception. The Zoning Administrator or Planning Commission may approve a conditional use permit to allow a 15-foot interior side yards opposite a zero-side yard on one lot, if an abutting side yard at least 15 feet wide is provided and access easements are recorded ensuring a minimum 30-foot separation between buildings. This 30-foot accessway must be maintained free of obstructions and open to the sky, and no opening for truck loading or unloading shall be permitted in the building face fronting on the accessway unless a 45-foot long striped areas is provided solely for loading and unloading entirely within the building. (3254-10/94) (G) See Section 230.70: Measurement of Height. Within 45 feet of an R district, no building or structure shall exceed a height of 18 feet. (3254-10/94) (H) PlantingAreas. Required front and street-side yards adjacent to a public right-of-way shall be planting areas except for necessary drives and walks. A 6-foot wide planting area shall be provided adjacent to an R district and contain one tree for each 25 lineal feet of planting area. (3254-10/94) (1) See Chapter 232: Landscape Improvements. (3254-10194) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 10 of 11 09-2302/40578 KEY INSERTIONS: Double underline DELETIONS Stri� LEGISLATIVE DRAFT (J) Truck or rail loading, dock facilities, and the doors for such facilities shall not be visible from or be located within 45 feet of an R district. (3254-10/94) (K) See Section 230.80: Antennae. (3254-10/94) (L) Noise. No new use shall be permitted, or exterior alterations and/or additions to an existing use allowed, within 150 feet of an R district until a report prepared by a California state-licensed acoustical engineer is approved by the Director. This report shall include recommended noise mitigation measures for the industrial use to ensure that noise levels will conform with Chapter 8.40 of the Municipal Code. The Director may waive this requirement for change of use or addition or exterior alteration to an existing use if it can be established that there had been no previous noise offense, that no outside activities will take place, or if adequate noise mitigation measures for the development are provided. (3254-10/94) (M) Group residential or accessory residential uses shall be subject to standards for minimum setbacks and height of the RH District. (3254-10/94) 212.08 Review of Plans All applications for new construction and exterior alterations and additions shall be submitted to the Planning Department for review. Discretionary review shall be required as follows: (3254-10/94,3708-6105) A. Zoning Administrator Review. Projects requiring a conditional use permit from the Zoning Administrator; projects including a zero-side yard exception;projects on substandard lots. (3254-10/94) B. Design Review Board. Projects within redevelopment project areas and areas within 500 feet of a PS district; see Chapter 244. (3254-10/94) C. Planning Commission. Projects requiring a conditional use permit from the Commission. (3254-10/94) D. Projects in the Coastal Zone. A Coastal Development Permit is required unless the project is exempt; see Chapter 245. (3254-10/94) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 11 of 11 09-2302/40578 ATTACHMENT # 13 KEY INSERTIONS: Double underline DELETIONS gtfi1, ORDINANCE NO. 3861 LEGISLATIVE DRAFT Ch"apte`r112 11 Site standards (3249-6/95,3301-11/95,3334-6/97,3410-3/99,3455-5/00,3482-12/00,3494-5/01,3525-2/02,3568-9/02, EMG 3594-11/02,EMG 3596-12/02, Resolution No.2004-80-9/04, 3687-12/04,3710-6/05,3724-02/06,3730-03/06,Interim Urgency Ordinance 3748-8/06, Resolution No.2006-62-9/06,3764-3/07,3779-10/07,3827-4/09,3829-6/09,3835-7/09, Resolution No.2009-36—effective 9/09 (per California Coastal Commission certification) Note: Ordinance No. 3827,effective from 4/15/09 to 4/15/10 unless extended by the City Council,temporarily defers the payment of certain Development Impact Fees. Sections: 230.02 Applicability Residential Districts 230.04 Front and Street Side Yards in Developed Areas 230.06 (Deleted) (3724-02/06) 230.08 Accessory Structures 230.10 Accessory Dwelling Units 230.12 Home Occupation in R Districts 230.14 Affordable Housing Density Bonus 230.16 Manufactured Homes 230.18 Subdivision Sales Offices and Model Homes 230.20 Payment of Park Fee 230.22 Residential Infill Lot Developments 230.24 Small Lot Development Standards 230.26 Affordable Housing 230.28 (Reserved) 230.30 (Reserved) Non-Residential Districts 230.32 Service Stations 230.34 Housing of Goods 230.36 Transportation Demand Management 230.38 Game Centers 230.40 Helicopter Takeoff and Landing Areas 230.42 Bed and Breakfast Inns 230.44 Recycling Operations 230.46 Single Room Occupancy 230.48 Equestrian Centers 230.50 Indoor Swap Meets/Flea Markets 230.52 (Resei�ved)Emergencv Shelters 230.54 (Reserved) 230.56 (Reserved) 230.58 (Reserved) 230.60 (Reserved) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 1 of 58 09-2302/40784 KEY INSERTIONS: Double underline DELETIONSl� 230.52 (Deserved,'Emergency Shelters Emergency Shelters may be permitted subject to the following requirements. A. A single Emergency Shelter for 50 occupants, or a combination of multiple shelters with a combined capacity not to exceed 50 occupants. shall be permitted. Religious Assembly uses within an Industrial zone may establish Emergency Shelters for up to 30 occupants provided they meet the minimum development standards of the zone in which dhey are located. B. Stays at the Emergency Shelter facility shall be on a first-come first-serve basis with clients housed on-site. Clients must vacate the facility by 8:00 am each day and have no guaranteed bed for the next night. C. Maximum stay at the facility shall not exceed 120 days in a 365-day period. D. A minimum distance of 300 feet shall be maintained from any other Emergency Shelter, as measured from the property line. E. An on-site client intake and waiting area shall be provided in a location not adjacent to the public right-of-way, be fully screened from public view, and provide consideration for weather events including shade and rain cover. The waiting area shall contain a minimum area of 10 square feet per bed. F. Any provision of on-site outside storage shall be fully screened from public view. G. Exterior lighting shall be provided for the entire outdoor area of the site consistent with the Huntington Beach Zoning and Subdivision Ordinance. H. A minimum of one staff person Per 15 beds shall be awake and on duty during facility hours of operation. I. On-site parking shall be provided at the ratio of 1 space per staff member. plus 1 space for every five (5) beds and an additional 1/2 space for each bedroom designated for families with children. J. A Safety and Security Plan shall be submitted to the Director of Planning for review and approval. The site-specific Safety and Security Plan shall describe the following: 1. Both on and off-site needs, including, but not limited to, the separation of individual male and female sleeping areas, provisions of family sleeping areas, and associated provisions of management. 2. Specific measures targeting the minimizing of client congregation in the vicinity of the facility during hours that clients are not allowed on-site. Goals and objectives are to be established to avoid disruption of adjacent and nearby uses. 3. Provisions of a system of management for daily admittance and discharge procedures. 4. Any counseling programs are to be provided with referrals to outside assistance agencies, and provide an annual report on a facility's activity to the City. 5. Clients are to be appropriately screened for admittance eligibility. 6. Refuse collections schedule to provide the timely removal of associated client litter and debris on and within the vicinity of the facility. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 34 of 58 09-2302/40784 KEY INSERTIONS: Double underline DELETIONS c. W-et� K. A proposed Emergency Shelter offering immediate and short-term housing may provide supplemental services to homeless individuals or families. These services may include, but are not limited to, the following: 1. An indoor and/or outdoor recreation area. 2. A counseling center for job placement, educational, health care, legal or mental services, or similar services geared toward homeless clients. 3. Laundry facilities to serve the number of clients at the shelter. 4. Kitchen for the preparation of meals. 5. Dining hall. 6. Client storage area(i.e. for the overnight storage of bicycles and personal itemsl. 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 Dots 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. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 35 of 58 09-2302/40784 ATTACHMENT # 14 .I� City of Huntingt on,beach Pl pipit. dg T�epat-Iment -HUNTINCiDN BEACH -, ' c TO: Planning Commission FROM: Scott Hess, AICP, Director of Planning BY: Hayden Beckman, Planning Aide DATE: November 24, 2009 SUBJECT: ZONING TEXT AMENDMENT NO. 09-009 (ENIERGENCY SMELTERS/TRANSITIONAL ROUSING) APPLICANT: City of Huntington Beach LOCATION: Citywide STATEMENT OF ISSUE: e Zoning Text Amendment No_ 09-009 request: - Establish Emergency Shelters, Supportive Housing, Target Population, and Transitional Housing within the Huntington Beach Zoning and Subdivision Ordinance(HBZSO) Chapter 203 Definitions - Establish Supportive Housing and Transitional Housing as use classifications within HBZSO Chapter 204 Use Classifications - List Supportive Housing and Transitional Housing as allowed uses within HBZSO Chapter 210 Residential Districts - Reference Emergency Shelter standards and guidelines within HBZSO Chapter 211 Commercial Districts - Identify Emergency Shelters as permitted uses within HBZSO Chapter 212 Industrial Districts - Establish objective Emergency Shelter standards and guidelines within HBZSO Chapter 230 Site Standards Staff's Recommendation: Approve Zoning Text Amendment No. 09-009 based upon the following: Proposed amendments will comply with the requirements of Senate Bill 2 and Program 20 of the 2008-2014 Housing Element. - The requirements and standards for the proposed uses ensure compatibility with other permitted uses. RECOMMENDATION: Motion to: "Approve Zoning Text Amendment No. 09-009 with findings for approval (Attachment No. 1) and forward Draft Ordinances (Attachment Dios. 2-7) to the City Council for adoption." ALTERNATIVE ACTIONS): The Planning Commission may take alternative actions such as: "Continue Zoning Text Amendment No. 09-009 and direct staff accordingly." PROJECT PROPOSAL: Zoning Text Amendment No. 09-009 represents a request to amend various chapters of the HBZSO pursuant to Section 247.02 to allow for Supportive Housing and Transitional Housing, as well as to amend regulations for Emergency Shelters. Specifically, Zoning Text Amendment No. 2009-009 would: o Establish definitions for Emergency Shelters, Supportive Housing, Target Population and Transitional Housing and use classifications for Supportive Housing and Transitional Housing(Chapters 203 and 204). Allow Supportive Housing and Transitional Housing uses as allowed uses within Residential districts (Chapter 210) o Reference Emergency Shelter standards and guidelines (Chapter 211) ® Allow Emergency Shelter uses as permitted uses within Industrial districts (Chapter 212) 9 Establish objective Emergency Shelter standards and guidelines (Chapter 230) Legislative drafts of the proposed amendments are provided in Attachment Nos. 8-13. Background: Zoning Text Amendment No. 09-009 is a City initiated amendment of the HBZSO to address requirements of Senate Bill(SB) 2, which modified California Government Code Section 65583, effective January 1, 2008 (Attachment 14.19). The City of Huntington Beach currently allows Emergency Shelters within Commercial districts with a Conditional Use Permit(CUP). Per S132, California jurisdictions must identify at least one zone that will permit Emergency Shelter uses without a CUP or other discretionary action. On June 16, 2008, City Council adopted the 2008-2014 Housing Element in which the City had to address the new legislation. Specifically, Program 20 of the 2008-2014 Housing Element(Attachment No. 15) identifies Industrial districts as the appropriate land use zone for Emergency Shelter uses without a CUP. Consistent with State law, Program 20 also identifies the need to add Supportive Housing and Transitional Housing in the HBZSO's definitions section and list as permitted uses within Residential districts. The proposed amendments wilt bring the HBZSO into compliance with the requirements of S132 and the objective of Program 20 of the Housing Element. ISSUES: Subject Property And Surrounding Land Use, Zoning And General Plan Desi,-nations: The ZTA is applicable citywide. PC Report-- 11/24/09 2 (09srgo ZTA 09-0091, General Plan Conformance: The proposed project is consistent with the goals, objectives and policies of City's General Plan as follows: A. Land Use Element Goal LU 9: Achieve the development of a range of housing units that provides for the diverse economic, physical, and social needs of existing and future residents of Huntington Beach. Objective LU 9.5: Provide for the development of housing for senior citizens, the physically and mentally challenged, and very low, low, and moderate income families. Policv LU 9.5.1: Accommodate the development of housing types, such as multifamily development and Single Room Occupancies (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 designated for residential and mixed-use on the Land Use Plan Map, in accordance with the Housing Element. Policy LU 9.5.2: Require that special needs housing is designed to be compatible with adjacent residential structures and other areas designated for other categories of use provided that no adverse impacts would occur. B. Housing Element Housing Program 20: As part of the Governmental Constraints analysis for the Housing Element update, the following revision to the Huntington Beach Zoning Code was identified as appropriate to better facilitate the provision of a variety of housing types and housing to address the needs of extremely low income households: o Add transitional housing and supportive housing within the code's definition section, and list as permitted uses within residential zone districts. Identification of emergency shelters as a permitted use in the Industrial General (IG) and Industrial Limited (IL) Zone. Per the proposed amendments, by establishing Supportive Housing and Transitional Housing definitions and use classifications within the HBZSO and allowing such uses in Residential districts, the City will better facilitate the development of such uses in order to provide services to very low, low and moderate income households without negatively impacting surrounding residential uses. As proposed, Supportive Housing and Transitional Housing uses will be subject to the same development standards as other residential uses under identical zoning classification, preventing incompatibilities of development standards and intensity. The proposed amendments will comply with the guidelines of Housing Element Program 20, which was identified to better facilitate the provision of a variety of housing types to address the needs of extremely low households in Huntington Beach. As required by State law, ZTA 2009-009 also proposes to establish the definition of an Emergency Shelter, identify them as permitted uses within Industrial districts, and create objective standards and guidelines to PC Report— 1 1124'09 3 (00sr80?Tp 09-009) prevent adverse impacts on surrounding properties. Allowing Emergency Shelters without the approval of a CUP in some locations reduces constraints of current Code to provide housing and related services to individuals and families of low or very low income levels, as well as the physically or mentally handicapped, or homeless citizens. Zoning Compliance: Not Applicable Urban Design Guidelines Conformance: Not Applicable Environmental Status: The proposed ZTA No. 09-009 is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act. Coastal Status: Not applicable. Redevelopment Status: Not applicable. Design Review Board: Not applicable. Other Departments' Concerns and Requirements: The proposed amendments to the City's existing ordinance were prepared with input and assistance from City Staff representing the City Attorney's Office and Planning Department. Public Notification: Legal notice was published in the Huntington Beach Independent on November 12, 2009, and notices were sent to individuals/organizations requesting notification(Planning Department's Notification Matrix). As of November 17, 2009, staff has not received any correspondence regarding the request. Application Processing Dates: DATE OF COMPLETE APPLICATION: MANDATORY PROCESSING DATE(S): October 19, 2009 Legislative Action—Not Applicable State law requires that cities amend their Zoning Code for compliance with S132 within 1 year of approval of their Housing Element. The City's Housing Element was approved by the State Department of Housing and Community Development in December 2008. Thus, the City is required to approve the project by December 2009. ANALYSIS: Zoning Text Amendment No. 09-009 is a City initiated amendment that addresses Supportive and Transitional Housing and Emergency Shelters. The various aspects of each of these are addressed below. PC Report— 11/24/09 4 109sr110 ZTA 09-009) Emergency Shelters Chapter 204 of the HBZSO classifies an Emergency Shelter as a Community and Human Service Facility. Emergency Shelter uses are currently allowed in a Commercial General zone, and require a Conditional Use Permit (CUP) by the Zoning Administrator if proposed to be less than 5,000 square feet in size or a CUP by the Planning Commission if greater than 5,000 square feet. Additionally, Emergency Shelters are allowed in Industrial districts with a CUP by the Planning Commission. Per the requirements of Senate Bill 2, the City is required to allow Emergency Shelter uses without the approval of a CUP in parts of the City. As stipulated by the provisions of Program 20 of the 2008-2014 Housing Element, the City proposed to do this in Industrial districts. State law allows cities to establish objective standards and guidelines in order to reduce negative impacts to surrounding uses for Emergency Shelters permitted by right. As a part of this request, staff is proposing appropriate development and management standards within HBZSO Chapter 230 to ensure that the operation and maintenance of the property does not adversely impact adjacent uses. Emergency Shelters will be subject to the development standards of Chapter 212 Industrial Districts and the proposed criteria set forth in Chapter 230.52 of the HBZSO, which would not necessarily conflict or impede the range of uses currently allowed within Industrial districts. Since Emergency Shelters will also increase the diversity of housing types available to residents in need, staff recommends the inclusion of Emergency Shelters within Industrial districts without the approval of a discretionary permit. Supportive Housing and Transitional Housing The proposed ZTA adds Supportive Housing, Target Population, and Transitional Housing definitions within Chapter 203 Definitions, as well as Supportive Housing and Transitional Housing use classifications within Chapter 204 Use Classifications. State law provides specific definitions for each of these, which are included in Chapter 203. The use classifications are somewhat different than the definitions because they address the intent of the use. State law requires that Supportive Housing and Transitional Housing be allowed in residential areas, and subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. Thus, Supportive Housing and Transitional Housing uses would be subject to the same development standards and processing requirements for the type of project and residential zone in which they are proposed. The development standards include, but are not limited to, setbacks, maximum height, lot coverage, and parking requirements. Per processing requirements, CUPs would be required for many, if not most, of these projects. From a land use perspective, residential uses are analyzed for compliance with applicable development standards as well as the impact of the use on surrounding properties. Since Supportive Housing and Transitional Housing uses will be subject to the same analysis and regulations as other residential uses, would increase the diversity of housing types available to residents in need, and would not necessarily conflict or impede the range of uses allowed within Residential districts, staff recommends the inclusion of these uses in the Residential districts. Staff recommends that the Planning Commission approve Zoning Text Amendment No. 09-009 with findings for approval and forward the item to City Council for adoption. The proposed amendments to the PC Report— 1 l,'24,109 5 109s;80 ZTA 09-009) Huntington Beach Zoning and Subdivision Ordinance reflect compliance with the provisions of Senate Bill 2 and Program 20 of the Housing Element. ATTACHMENTS: 1 taft Or-dinansg—Chap 203 DefinitigLms PFRRGrdinaftee- nets W. Dr-aft '—r—c�LR-�;I•FN'na�ce. 1CTAT CY21'lrt'k'J— ��tc�a�;Ey�l3rafl—f t,n+�for')(1'I Ila♦'i r.i�isnc P. L lative Draft —Chapttar?ll��uccif�t,G„S, ati e Draft Chapter r r a �t�+:..a r�,-.,(+ rt,,,„�o,- ��n_n,,,,:a�_ :,$.�,D•tstr-iGts — imD-istr_icxs Distficu 14. Memo from Housing Policy Development Division of HCD, dated May 7, 2008 15. 2008 Housing Element Program 20 SH:MBB:HB:Iw PC Report- 11/24/09 6 (09srN LTA 09-0109) t STATE OF CAI IFORNIA-Ei ISINFSS TRANSPORTATION ANDHOUSIN r A r F NCY ARN01 Q SCHWAR7ENEGGER Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT 1800 Third Street,Suite 430 P.O.Box 952053 q Sacramento,CA 94252-2053 (916)323-3177 FAX(916)327-2643 MEMORANDUM DATE: May 7, 2008 TO: Planning Directors and Interested Parties FROM: Cathy E.'', eswell, Deputy Director Division Housing Policy Development SUBJECT: Senate Bill 2 -- Legislation Effective January 1, 2008: Local Planning and Approval for Emergency Shelters and Transitional and Supportive Housing Chapter 633, Statutes of 2007 (SB 2) clarifies and strengthens housing element law to ensure zoning encourages and facilitates emergency shelters and limits the denial of emergency shelters and transitional and supportive housing under the Housing Accountability Act. The law will facilitate efforts to address the critical needs of homeless populations and persons with special needs throughout all communities in California. Generally, SB 2 amends housing element law regarding planning and approval for emergency shelters and transitional and supportive housing as follows: Planning (Government Code Section 65583) • At least one zone shall be identified to permit emergency shelters without a conditional use permit or other discretionary action. • Sufficient capacity must be identified to accommodate the need for emergency shelters and at least one year-round emergency shelter. • Existing or proposed permit procedures, development and management standards must be objective and encourage and facilitate the development of or conversion to emergency shelters. • Emergency shelters shall only be subject to development and management standards that apply to residential or commercial within the same zone. • Written and objective standards may be applied as specified in statute, including maximum number of beds, provision of onsite management, length of stay and security. • Includes flexibility for jurisdictions to meet zoning requirements with existing ordinances or demonstrate the need for emergency shelters can be accommodated in existing shelters or through a multi-jurisdictional agreement. ATTACHMENT NO. Chapter 633, Statutes of 2007 (SB 2) Page 2 • Transitional and supportive housing shall be considered a residential use and only subject to those restrictions that apply to other residential uses of the same type in the same zone. Local Approval (Government Code Section 65589.5: Housing Accountability Act) • Limits denial of emergency shelters, transitional housing or supportive housing by requiring specific findings. • Some findings shall not be utilized if new planning requirements of SB 2 are not met; such as identifying a zone without a conditional use permit, Attached is a briefing paper informing local governments of SB 2, providing assistance in evaluating these new provisions to effectively implement this important new State law; in addition to a copy of the legislation. Electronic copies of these can be found on the. Department's website at www.hcd.ca.gov or the Senate's website at www.senate.ca.gov. You may also obtain copies of published bills from the Legislative Bill Room by calling (916) 445-2323. If you have any questions, or seek additional technical assistance, please contact Paul McDougall, HPD Manager, at(916) 445-4728. Attachments u a O.,HMENT NO. �k2 Chapter 633, Statutes of 207 (Senate Bill 2) TABLE OF CONTENTS Introduction Homeless Needs 2 Purpose and Objectives of SB 2 2 Section 9: Planning (Government Code Section 65583) Identifying and Analyzing Needs and Resources 4 Identifying Zoning for Emergency Shelters 5 Permitting Emergency Shelters without Discretionary Action 7 Development Standards to Encourage and Facilitate 7 Encouraging Multi jurisdictional Cooperation and Coordination 9 Existing Ordinances and Existing Shelters that Accommodate Need 10 Transitional and Supportive Housing 10 Housing Element Policies and Programs 11 Timing: When SB 2 Applies 12 Section 2: Local Approval (Government Code Section 65589.5) The Housing Accountability Act 14 Zoning Inconsistency 14 Attachments 1 — Statutory Changes to Housing Element Law (Underline Version) 15 2 — Definitions 27 3— Helpful Links 29 ATTACHMENT NO. Introduction State Depar?ment of Housing May 2008 and Community Development ATTACHMENT NO. � ' ` --Chapter 633, Statutes of 2007(SB 2)-- Homeless Needs Homelessness in California is a continuing and growing crisis. On any given day, there are at least 361,000 homeless individuals in California — or 1.1 percent of the State's total population. Of this number, two-thirds are estimated to be single adults, while the other third are families. Some 30 percent of California's homeless — 108,000—are so-called "chronic" homeless who have been homeless for six months or more. This population tends to be comprised of single adults who face such obstacles as mental illness, substance abuse problems and chronic physical health problems or disabilities that prevent them from working. Homeless individuals and families are without permanent housing largely because of a lack of affordable housing, often compounded by limited education or skills, mental illness and substance abuse issues, domestic violence and the lack of family or other support networks.' California's homelessness crisis demands the effective involvement of both the public and private sectors. A housing element can be an effective and powerful tool in combating homelessness. Passage of SB 2 strengthened the law to increase its effectiveness in addressing the needs of California's homeless population. The upcoming housing element update presents an important opportunity to make ending homelessness a critical priority. Purpose and Objectives of SB 2 The framework of SB 2 resulted from a collaborative effort by key stakeholders including housing and homeless advocates and providers, local governments, planners, and the building industry. SB 2 strengthens existing housing element requirements to provide the opportunity for the development of emergency shelters and transitional and supportive housing. SB 2 ensures zoning, development and management standards and permit procedures encourage emergency shelters while allowing flexibility for existing local strategies and cooperative efforts. SB 2 focuses on the impacts of zoning requirements on the development of emergency shelters. While the new statute requires that every local government zone for the development of emergency shelters, it does not restrict how local governments allocate resources to address local priority needs_ For example, nothing in SB 2 prohibits communities from also adopting a "Housing First" strategy to provide homeless persons with housing immediately and then providing services as needed. Governor's Interagency Task Force on Homelessness, Progress Report and Work Plan for 2003. Health and Human Services Agency and Business, Transportation and Housing Agency, December 2002 State Department of Housing - 5- May 2008 and Community Development ` r ,ATTACHMENT NO, � � --Chapter 633, Statutes of 2007(SB 2)-- tlon Planniny (Government Code Section 65533) State Department of Housing - 6- May 2008 and Community Development ATTACHMENT No. s fx~ _Chapter 633, Statutes of 2007(SB 2)— Identifying and Analyzing Needs and Resources Current law, Government Code Section 65583(a)(7), requires an identification and analysis of the needs of homeless persons and families. The analysis is an essential component of an effective housing element; however data sources can be limited and vary in estimates of need. As a result, an analysis should consider a variety of data sources and include proactive outreach with service providers to examine the degree and characteristics of homeless needs in the community and surrounding communities. A thorough analysis includes: • An estimate or count of the daily average number of persons lacking shelter. Wherever possible, and to better describe the characteristics of needs, this figure could be divided into single males, single females and families (one or more adults with children)as the needs of each subgroup differ significantly. • As local data or other existing sources permit(see list below), a description of the percentage of the homeless population who are mentally ill, developmentally disabled, veterans, runaway or emancipated foster youth, substance abusers, survivors of domestic violence, and other subpopulations of homeless considered significant by the jurisdiction. • An inventory of the resources available within the community including shelters, transitional housing and supportive housing units by type. The analysis should estimate the number and type of existing shelter beds, and units of transitional and supportive housing available. • Assess the degree of unmet homeless needs, including the extent of need for emergency shelters. As part of this analysis, SB 2 now clarifies the need assessment for emergency shelters must consider seasonal and year-round need. In recognition of local efforts to encourage supportive housing, SB 2 allows jurisdictions with 10 Year Plans to End Chronic Homelessness to reduce the need for emergency shelters by the number of supportive housing units identified in an adopted 10-year plan and that are either vacant or funding has been identified to allow construction in the housing element planning period. Resources to identify and analyze homeless needs, include: • Consolidated plans • Continuum of care plans • 10 Year Plans to End Chronic Homelessness • Interagency Council on Homelessness, Guide to Developing Plans and Examples (htto.-Ilwww.ich.gov/slocallindex.htrnl) State Department of Housing - 7- May 2008 and Community Development ATT&CHMENT NO. '� -Chapter 633, Statutes of 2007(SB 2)-- • Local service providers such as continuum of care providers, local homeless shelter and service providers, food programs, operators of transitional housing programs, local drug and alcohol program service providers, county mental health and social service departments, local Salvation Army, Goodwill Industries, churches and schools, and • 15 countywide Designated Local Boards certified by the Department's Emergency Housing and Assistance Program (http://w►niw.hcd.ca.govlfalehaplcntys-with-dlb.htrnl). Identifying Zoning for Emergency Shelters Prior to enactment of SB 2, housing element law required local governments to identify zoning to encourage and facilitate the development of emergency shelters. SB 2 strengthened these requirements. Most prominently, housing element law now requires the identification of a zone(s)where emergency shelters are permitted without a conditional use permit or other discretionary action. To address this requirement, a local government may amend an existing zoning district, establish a new zoning district or establish an overlay zone for existing zoning districts. For example, some communities may amend one or more existing commercial zoning districts to allow emergency shelters without discretionary approval. The zone(s) must provide sufficient opportunities for new emergency shelters in the planning period to meet the need identified in the analysis and must in any case accommodate at least one year-round emergency shelter(see more detailed discussion below). When identifying a zone or analyzing an existing zone for emergency shelters, the Cloverfield Services Center—Emergency Shelter by OPCC in Santa Monica,CA element should address the Photo courtesy of OPCC in Santa Monica compatibility and suitability of the zone. The element should consider what other uses are permitted in the zone and whether the zone is suitable for residential or emergency shelters_ For example, an industrial zone with heavy manufacturing may have environmental conditions rendering it unsuitable for residential or shelter uses. In some localities, manufacturing or industrial zones may be in transition, where older industrial uses are redeveloping to residential, office or commercial. Transitioning zones may be compatible State Department of Housing - 8- May 2008 and Community Development ATTACHMENT N0. �'�- —Chapter 633, Statutes of 2007(SB 2)-- with residential uses and suitable for emergency shelters. Also, a commercial zone allowing residential or residential compatible services (i.e., social services, offices)would be suitable for shelters. For example, Sacramento County permits emergency shelters in its commercial zone along with other residential uses and uses such as retail that are compatible with residential. SB 2 clarifies existing law by requiring zoning identified for emergency shelters to include sufficient capacity to accommodate the need. The identified zone(s) must have sufficient capacity, when taken as a whole, to meet the need for shelters identified in the housing element, and have a realistic potential for development or reuse opportunities in the planning period. Further, capacity for emergency shelters must be suitable and available and account for physical features (flooding, seismic hazards, chemical contamination, other environmental constraints, and slope instability or erosion) and location (proximity to transit, job centers, and public and community services). The element should also address available acreage(vacant or underutilized) and the realistic capacity for emergency shelters in the zone. For example, if a jurisdiction identifies the public institution zoning district as the zone where emergency shelters will be allowed without a conditional use permit, the element should demonstrate sufficient acreage within the zoning district that could accommodate the actual development of an emergency shelter. The element could also discuss the potential for reuse or conversion of existing buildings to emergency shelters. SB 2 ensures that each local government shares the responsibility to provide opportunities for the development of emergency shelters. Regardless of the extent of need identified in the element, local governments must provide zoning to allow at least one year round emergency shelter, unless the need for emergency shelters is accommodated through existing shelters or a multi-jurisdictional agreement(see discussion below). This is especially important given the fact that the homeless population is not always visible in the community; is sometimes transitory; data resources are frequently inadequate and the availability and adequacy of services and programs vary significantly by community and can impact the homeless count. If a local government's existing zoning does not allow emergency shelters without a conditional use permit or other discretionary action, the housing element must include a program to identify a specific zone(s) and amend the zoning code within one year of adoption of the housing element (65583(a)(4)). The only exceptions permitted to the non-discretionary zoning requirement are where a jurisdiction demonstrates their homeless needs can be accommodated in existing shelters; or where the jurisdiction meets all of its need through a multi-jurisdictional agreement (discussed in later sections). Where a local government has identified a zone and sufficient capacity to encourage emergency shelters consistent with the provisions of SB 2, a local government may also identify additional zones for the development of emergency shelters that require a conditional use permit. State Department of Housing - 9- May 2008 and Community Development ATTACHMENT NO. � °a r. —Chapter 633, Statutes of 2007(SB 2)— Permitting Emergency Shelters without Discretionary Action To comply with SB 2, localities must have or adopt a zoning classification that permits emergency shelters in a non-discretionary manner (localities may however apply development standards pursuant to Section 65583(a)(4)). In such zones, permitted uses, development standards and permit procedures must include: • Objective development standards that encourage and facilitate the approval of emergency shelters. • Decision-making criteria such as standards that do not require discretionary judgment. • Standards that do not render emergency shelters infeasible, and only address the use as an emergency shelter, not the perceived characteristics of potential occupants. Requiring a variance, minor use permit, special use permit or any other discretionary process does not constitute a non-discretionary process. However, local governments may apply non-discretionary design review standards. A local government should not require public E A, notice of its consideration of emergency shelter proposals unless it provides public notice of g, other non-discretionary actions. For example, if a local government permits new construction of 4 a single-family residence without discretionary x-' a action and public notice is not given for these ...- w applications, then a local government should employ the same procedures for emergency shelter applications. The appropriate point for public comment and discretionary action is a M", when zoning is being amended or adopted for Emergency Shelter—Jackson,California emergency shelters, not on a project-by-project Photo courtesy ofAmador-Tuolumne Community Action basis. Development Standards to Encourage and Facilitate Emergency Shelters SB 2 requires that emergency shelters only be subject to those development and management standards that.apply to residential or commercial use within the same zone, except the local government may apply certain objective standards discussed on the next page (Government Code Section 65583(a)(4)). For example, a light commercial zone might permit a range of wholesaler, service repair and business services subject to buildable area and lot area requirements. In this case, the emergency shelter may be subject only to the same buildable area and lot area requirements. The same zone might permit residential uses subject to certain development standard (i.e., lot area, heights, and setbacks) requirements. In this case, emergency shelters should only be subject to the same development standards. State Department of Housing - 10- May 2008 and Community Development ATTACHMENT NO. --Chapter 633, Statutes of 2007(SB 2)-- To demonstrate that processing procedures and standards are objective and encourage and facilitate development of emergency shelters, the housing element must address how: • zoning explicitly allows the use (meaning the use is specifically described in the zoning code); • development standards and permit procedures do not render the use infeasible; • zoning, development and management standards, permit procedures and other applicable land-use regulations promote the use through objective; and predictable standards. SB 2 allows flexibility for local governments to apply written, objective development and management standards for emergency shelters as described in statue and below. • The maximum number of beds or persons permitted to be served nightly by the facility. • Off-street parking based upon demonstrated need, provided that the standards do not require more parking for emergency shelters than for other residential or commercial uses within the same zone. • The size and location of exterior and interior on-site waiting and client intake areas. • The provision of on-site management. • The proximity to other emergency shelters provided that emergency shelters are not required to be more than 300 feet apart. F ; • The length of stay. r o - • Lighting • Security during hours that the emergency _M_ shelter is in operation. T These standards must be designed to encourage �L and facilitate the development of, or conversion to, an emergency shelter. For example, a standard establishing the maximum number of beds should act to encourage the development of an emergency shelter; local governments should establish flexible ranges for hours of operation; length of stay provision should be consistent with x, financing programs or statutory definitions limiting " occupancy to six months (Health and Safety Code Section 50801) and should not unduly impair T shelter operations. Appropriate management standards are reasonable and limited to ensure the operation and maintenance of the property. State Department of Housing - 11 - May 2008 and Community Development ATTACHMENT NO. 1 -Chapter 633, Statutes of 2007(SB 2)-- Encouraging Multi-Jurisdictional Cooperation and Coordination SB 2 recognizes and encourages multi-jurisdictional coordination by allowing local governments to satisfy all or part of their obligation to zone for emergency shelters by adopting and implementing a multi jurisdictional agreement, with a maximum of two adjacent communities. The agreement must commit the participating jurisdictions to develop at least one year-round shelter within two years of the beginning of the housing element planning period. For example, jurisdictions in Southern California Association of Governments (SCAG) region with a statutory due date of June 30, 2008 would need to ensure the development of shelter(s) by June 30, 2010. To utilize this provision, local governments must adopt an agreement that allocates a portion of the new shelter capacity to each jurisdiction as credit towards the jurisdiction's emergency shelter need. The housing element for each participating local government must describe how the capacity was allocated. In addition, the housing element of each participating jurisdiction must describe: ® How the joint facility will address the local governments need for emergency shelters. ® The local government's contribution for both the development and ongoing operation and management of the shelter. ® The amount and source of the funding to be contributed to the shelter. ® How the aggregate capacity claimed by all of the participating jurisdictions does not exceed the actual capacity of the shelter facility. =` If the local government can demonstrate that the multi-jurisdictional agreement can accommodate the jurisdiction's need for emergency shelter, the jurisdiction is authorized to t . comply with the zoning requirements r F; for emergency shelters by identifying a xN � zone(s) where new emergency shelters Quinn Cottages,Transitional Housing in Sacramento,CA are allowed with a conditional use permit. Photo courtesy of cottage Housing, Inc. State Department of Housing - 12- May 2008 and Community Development ATTACN�INT NO. � ' Chapter 633, Statutes of 2007(SB 2)— Existing Ordinances and Existing Shelters that Accommodate Bleed Existing Ordinances Permitting Emergency Shelters Many local governments - have a record of effective actions to address the homeless needs in their community. SB 2 recognizes and provides flexibility for jurisdictions that have already adopted an ordinance(s) that complies with the new zoning requirements. For those local governments with existing ordinances and zoning consistent with requirements of SB 2, no further action Hendley Circle Apartments—Supportive SRO Housing in Burbank will be required to identify zones available Photo courtesy of Burbank Housing for emergency shelters. The housing element must however, describe how the existing ordinance, policies and standards are consistent with the requirements of SB 2. Existing Shelters That Accommodate the Need for Emergency Shelters Local governments that can demonstrate, to the satisfaction of the Department, the existence of one or more emergency shelters either within the jurisdiction or pursuant to a multi- jurisdictional agreement that can accommodate the need for emergency shelters identified in the housing element may comply with the zoning requirements of SB 2 by identifying a zone(s) where new emergency shelters are allowed with a conditional use permit. To demonstrate homeless needs can be accommodated in existing shelters, an element must at minimum list existing shelters including the total number of beds and the number vacant. The analysis should support and document the estimate of vacant beds and must consider seasonal fluctuations in the need for emergency shelters. Transitional and Supportive Housing Transitional housing is defined in Section 50675.2 of the Health & Safety Code as rental housing for stays of at least six months but where the units are re-circulated to another program recipient after a set period. Transitional housing may be designated for a homeless individual or family transitioning to permanent housing. This housing can take several forms, including group housing or multifamily units, and may include supportive services to allow State Department of Housing - 13- May 2008 and Community Development t TTCH NT N0. _ 9 -Chapter 633, Statutes of 2007(SB 2)- individuals to gain necessary life skills in support of independent living. Supportive housing as defined at Section 50675.14 of the Health & Safety Code has no limit on the length of stay, is linked to onsite or offsite services, and is occupied by a target population as defined in Health & Safety Code Section 53260 (i.e., low income persons with mental disabilities, AIDS, substance abuse or chronic health conditions or persons whose disabilities originated before the person turned 18). Services typically include assistance designed to meet the needs of the target population in retaining housing, living and working in the community, and/or improving health and may include case management, mental health treatment, and life skills. SB 2 provides that transitional and supportive housing constitute a residential use. SB 2 requires zoning to treat transitional and supportive housing as a proposed residential use and subject only to those restrictions that apply to other residential uses of the same type in the same zone. For example, if the transitional housing is a multifamily use proposed in a multifamily zone, then zoning should treat the transitional housing the same as other multifamily uses proposed in the zone. If jurisdictions do not explicitly permit transitional and supportive housing as previously described, the element must include a program to ensure zoning treats transitional and supportive housing as a residential use, subject only to those restrictions on residential uses contained in the same type of structure. Housing Element ®lades and Programs Effective programs reflect the results of the local housing need analyses, identification of available resources, including land and financing, and the , mitigation of identified governmental and nongovernmental constraints. Programs consist of specific action Gish Apartments—Supportive Housing,San Jose,CA steps the locality will take to Photo courtesy of First Community Housing and Bernard Andre implement its policies and achieve goals and objectives. Programs must include a specific timeframe for implementation, identify the agencies or officials responsible for implementation, and describe the jurisdiction's specific role in implementation_ Where a jurisdiction does not provide an analysis demonstrating compliance with the provisions of SB 2 through existing zoning, the element must have a program(s) to address the results of that analysis. For example, if the element does not identify an existing zone to permit emergency shelters without a conditional use permit or other discretionary action, the element must include a program to establish the appropriate zoning, unless the jurisdiction has satisfied its needs through existing emergency shelters or a multi-jurisdictional State Department of Housing - 14 - May 2008 and Community Development ATTACHMENT NO. --Chapter 633, Statutes of 2007(SB 2)- agreement. If development and management standards do not encourage and facilitate emergency shelters or zoning does not treat transitional and supportive housing as a residential use, the element must include a program(s) to amend existing zoning or processing requirements to comply with SB 2. Programs to address the requirements of SB 2 for emergency shelters must be implemented within one year of adoption of the housing element. Programs to address requirements for transitional and supportive housing should be implemented early in the planning period. Further, since the program for emergency shelters must be implemented within one year of adoption, the housing element should provide analysis to support and assure effective implementation of the program. For example, the analysis should examine the suitability of zones to be included in the program and whether sufficient and suitable capacity is available. The same type of analysis could evaluate development and management standards that will be considered as part of establishing or amending zoning. This analysis should demonstrate the necessary commitment to ensure zoning, permit procedures and development standards encourage and facilitate emergency shelters. Timing: When SB 2 Applies In accordance with Government Code Section 65583(e), any draft housing element submitted to the Department after March 31, 2008 will be required to comply with SB 2. State Department of Housing - 15- May 2008 and Community Development ATTACHMENT NO. 1 J -Chapter 633, Statutes of 2007(SB 2)-- action 2, Local Approval (Government Code Section 65589.5) State Department of Housing - 16- May 2008 and Community Development ATTACHMENT NO. _ � � -Chapter 633, Statutes of 2007(SB 2)- The Housing Accountability Act To promote predictability for the development of housing affordable to lower- and moderate- income households, the Housing Accountability Act(Government Code Section 65589.5) prohibits a jurisdiction from disapproving a housing development project, including housing for farmworkers and for very low-, low-, or moderate-income households, or conditioning approval in a manner that renders the project infeasible for development for the use of very low-, low-, or moderate-income households, including through the use of design review standards, unless it makes at least one of five specific written findings based on substantial evidence in the record (Government Code Section 65589.5). SB 2 adds emergency shelters to the list of uses protected under the Housing Accountability Act. In addition, SB 2 clarifies that the definition of a housing development project includes transitional or supportive housing (see Attachment 1: SB 2 - changes are underlined). Zoning Inconsistency Pursuant to the Housing Accountability Act, a local government is prohibited from making the finding regarding zoning and general plan inconsistency (Section 65589.5(d)(5)) to disapprove a development if the jurisdiction identified the site in its general plan (e.g., housing or land-use element) as appropriate for residential use at the density proposed or failed to identify adequate sites to accommodate its share of the regional housing need for all income groups. In addition to extending these provisions to emergency shelters and transitional housing, SB 2 prohibits the use of the zoning and general plan inconsistency finding to disapprove an emergency shelter if the jurisdictions have: • not identified a zone(s)where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit, • not demonstrated the identified zone(s) include sufficient capacity to accommodate the need for emergency shelter, or • not demonstrated the identified zone(s) can accommodate at least one emergency shelter_ This provision applies to any site identified in any element of the general plan for industrial, commercial, or multifamily residential uses. In any court action, the burden of proof is on the local jurisdiction to demonstrate its housing element satisfies the above requirements of SB 2. State Department of Housing - 17- May 2008 and Community Development ATTACHMENT NO. ' --Chapter 633, Statutes of 2007(SB 2)- Attav% chment 1 Statutory Changes to Housing Element Law (underline version) State Department of Housing - 18- May 2008 and Community Development ATTACHMENT NO._ 3. -Chapter 633, Statutes of 2007(SB 2)- Attachment 1 Changes to State Housing Element Law Chapter 633, Statutes of 2007 (SB 2) (changes indicated in strikeouts and underlines) 65582. As used in this article, the following definitions apply: (a)"Community," "locality," "local government," or"jurisdiction" means a city, city and county, or county. (b) "Council of governments" means a single or multicounty council created by a joint powers agreement pursuant to Chapter 5 (commencing with Section 6500) of Division 1 of Title 1. (c) "Department" means the Department of Housing and Community Development. (d) "Emergency shelter" has the same meaning as defined in subdivision e) of Section 50801 of the Health and Safety Code. e "Housing element" or "element" means the housing element of the community's general plan, as required pursuant to this article and subdivision (c) of Section 65302. f "Supportive housing" has the same meaning as defined in subdivision b of Section 50675.14 of the Health and Safety Code.. (g) "Transitional housing' has the same meaning as defined in subdivision (h)of Section_ 50675.2 of the Health and Safety Code. 65583. The housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing. The housing element shall identify adequate sites for housing, including rental housing, factory-built housing, amobilehomes, and emergency shelters, and shall make adequate provision for the existing and projected needs of all economic segments of the community. The element shall contain all of the following: (a)An assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. The assessment and inventory shall include all of the following: (1) An analysis of population and employment trends and documentation of projections and a quantification of the locality's existing and projected housing needs for all income levels, including extremely low income households, as defined in subdivision (b) of Section 50105 and Section 50106 of the Health and Safety Code. These existing and projected needs shall include the locality's share of the regional housing need in accordance with Section 65584_ Local agencies shall calculate the subset of very low income households allotted under Section 65584 that qualify as extremely low income households. The local agency may either use available census data to calculate the percentage of very low income households that qualify as extremely low income households or presume that 50 percent of the very low income households qualify as extremely low income households. The number of extremely low income households and very low income households shall equal the jurisdiction's allocation of very low income households pursuant to Section 65584. (2) An analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition. State Department of Housing - 99- May 2008 and Community Development ATTACHMENT NO. NJ, 1 —Chapter 633, Statutes of 2007(SB 2)-- (3)An inventory of land suitable for residential development, including vacant sites and sites having potential for redevelopment, and an analysis of the relationship of zoning and public facilities and services to these sites. (4) (A) The identification of a zone or zones where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit. The identified zone or zones shall include sufficient capacity to accommodate the need for emergency shelter identified in paragraph (7), except that each local-government shall identify a zone or zones that can accommodate at least one ear-round emergency shelter. if the local government cannot identify a zone or zones with sufficient capacity, the local government shall include a program to amend its zoning ordinance to meet the requirements of this paragraph within one year of the adoption of the housing element. The local government may identify additional zones where emergency shelters are permitted with a conditional use permit. The local government shall also demonstrate that existing or proposed permit processing development, and management standards are objective and encourage and facilitate the development of, or conversion to, emergency shelters. Emergency shelters may only be subiect to those development and management standards that apply to residential or commercial development within the same zone except that a local government may apply written, objective standards that include all of the followim. (i) The maximum number of beds or persons permitted to be served nightly by the facility. ii) Off-street parking based upon demonstrated need provided that the standards do not require more parking for emergency shelters than for other residential or commercial uses within the same zone. iii)The size and location of exterior and interior onsite waiting and client intake areas. (i=�)The provision of onsite management. (v) The proximity to other emergency shelters. provided that emergency shelters are not required to be more than 300 feet apart. NO The length of stay. NO Li hting. (,di)Security during hours that the emergency shelter is in operation. (lam)The permit processing, development, and management standards applied under this paragraph shall not be deemed to be discretionary acts within the meaning of the California Environrn ection 21000) of the Public Resources Code). (C) A local government that can demonstrate to the satisfaction of the department the existence of one or more emergency shelters either within its iurisdiction or pursuant to a multliurisdictional agreement that can accommodate that iurisdiction°s need for emerge shelter identified in paragraph (7) may comply with the zonings requirements of subparagraph (A��yidentifyi p_zone or zones where new emergency shelters are allowed with a conditional use permit, (Q,),.Pjoggl_gcrernm(�nt tj�Lih an existinqordinance or ordinances that cogrpl with this p.:nra rapt shall not I r required to take add t on al acti< fi"i to �dent,e;f zo fi"tes for erier�len smelters_ T1 housing element must c�ijl _y_cLes_c(ibe how _xis.ing ordinances, policies, ar:1 standards are consistent with the reguirements of this pargg ap;;. (�5�An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in State Department of Housing - 20- May 2008 and Community Development �TTlIENT NO -Chapter 633, Statutes of 2007(SB 2)- the analysis pursuant to paragraph (6), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Section 65584 and from meeting the need for housing for persons with disabilities identified pursuant to. supportive housing, transitional housing, and emergence shelters identified pursuant to paragraph Transitional housing and supportive housing shall be(5considered a residential use of property, and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. L6) An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, and the cost of construction. (67)An analysis of any special housing needs, such as those of the elderly, persons with disabilities, large families, farmworkers, families with female heads of households, and families and persons in need of emergency shelter. The need for emergency shelter shall be {assessed based on annual and seasonal need. The need for emergency shelter may be reduced by the number of supportive housing units that are identified in an adopted 10-year plan to end chronic homelessness and that are either vacant or for which funding has been identified to allow construction during the planning period. L8) An analysis of opportunities for energy conservation with respect to residential development. (89) An analysis of existing assisted housing developments that are eligible to change from low-income housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use. "Assisted housing developments," for the purpose of this section, shall mean multifamily rental housing that receives governmental assistance under federal programs listed in subdivision (a) of Section 65863.10, state and local multifamily revenue bond programs, local redevelopment programs,. the federal Community Development Block Grant Program, or local in-lieu fees. "Assisted housing developments" shall also include multifamily rental units that were developed pursuant to a local inclusionary housing program or used to qualify for a density bonus pursuant to Section 65916. (A) The analysis shall include a listing of each development by project name and address, the type of governmental assistance received, the earliest possible date of change from low- income use and the total number of elderly and nonelderly units that could be lost from the locality's low-income housing stock in each year during the 10-year period. For purposes of state and federally funded projects, the analysis required by this subparagraph need only contain information available on a statewide basis. (B) The analysis shall estimate the total cost of producing new rental housing that is comparable in size and rent levels, to replace the units that could change from low-income use, and an estimated cost of preserving the assisted housing developments. This cost analysis for replacement housing may be done aggregately for each five-year period and does not have to contain a project-by-project cost estimate. (C) The analysis shall identify public and private nonprofit corporations known to the local government which have legal and managerial capacity to acquire and manage these housing developments. State Department of Housing - 21 - May 2008 and Community Development T, TA"HMENT NO. 1 t -Chapter 633, Statutes of 2007(SB 2)- (D) The analysis shall identify and consider the use of all federal, state, and local financing and subsidy programs which can be used to preserve, for lower income households, the assisted housing developments, identified in this paragraph, including, but not limited to, federal Community Development Block Grant Program funds, tax increment funds received by a redevelopment agency of the community, and administrative fees received by a housing authority operating within the community. In considering the use of these financing and subsidy programs, the analysis shall identify the amounts of funds under each available program which have not been legally obligated for other purposes and which could be available for use in preserving assisted housing developments. (b) (1) A statement of the community's goals, quantified objectives, and policies relative to the maintenance, preservation, improvement, and development of housing. (2) It is recognized that the total housing needs identified pursuant to subdivision (a) may exceed available resources and the community's ability to satisfy this need within the content of the general plan requirements outlined in Article 5 (commencing with Section 65300). Under these circumstances, the quantified objectives need not be identical to the total housing needs. The quantified objectives shall establish the maximum number of housing units by income category, including extremely low income, that can be constructed, rehabilitated, and conserved over a five-year time period. (c)A program which sets forth a five-year schedule of actions the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through the administration of land use and development controls, the provision of regulatory concessions and incentives, and the the utilization of appropriate federal and state financing and subsidy programs when available and the utilization of moneys in a low- and moderate-income housing fund of an agency if the locality has established a redevelopment project area pursuant to the Community Redevelopment Law (Division 24 (commencing with Section 33000) of the Health and Safety Code). In order to make adequate provision for the housing needs of all economic segments of the community, the program shall do all of the following: (1) Identify actions that will be taken to make sites available during the planning period of the general plan with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city's or county's share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing. (A) Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, the program shall identify sites that can be developed for housing within the planning period pursuant to subdivision (h) of Section 65583.2. (B) Where the inventory of sites pursuant to paragraph (3) of subdivision (a) does not identify adequate sites to accommodate the need for farmworker housing, the program shall provide for sufficient sites to meet the need with zoning that permits farmworker housing use by right, including density and development standards that could accommodate and facilitate the feasibility of the development of farmworker housing for low- and very low income households. State Department of Housing - 22- May 2008 and Community Development LA TTA ENT N( /b -Chapter 633, Statutes of 2007(SB 2)- (2)Assist in the development of adequate housing to meet the needs of extremely low, very low, low-, and moderate-income households. (3)Address and, where appropriate and legally possible, remove governmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (4) Conserve and improve the condition of the existing affordable housing stock, which may include addressing ways to mitigate the loss of dwelling units demolished by public or private action. (5) Promote housing opportunities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability. (6) Preserve for lower income households the assisted housing developments identified pursuant to paragraph (89) of subdivision (a). The program for preservation of the assisted housing developments shall utilize, to the extent necessary, all available federal, state, and local financing and subsidy programs identified in paragraph (89) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available. The program may include strategies that involve local regulation and technical assistance. (7) The program shall include an identification of the agencies and officials responsible for the implementation of the various actions and the means by which consistency will be achieved with other general plan elements and community goals. The local government shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort. (d) (1) A local government may satisfy all or part of its requirement to identify a zone or zones suitable for the development of emergency shelters pursuant to paragraph (4) of subdivision (a) by adopting and implementing a multi jurisdictional agreement, with a maximum of two other adjacent communities, that requires the participating jurisdictions to develop at least one year-round emergency shelter within two years of the beginning of the pianninq period. (21Th e agreement shall allocate a portion of the new shelter capacity to each jurisdiction as credit towards its emergency shelter need and each jurisdiction shall describe how the craci vvas allocated as part of its housing element. (3) Each member jurisdiction of a multijurisdictional agreement shall describe in its housing element all of the following (A) How the joint facility will meet the jurisdiction's emergency shelter need. 13 he jurisdiction's contribution to the facilit�r for both the develo ment and on oina operation and management of the facility_. (C) The amount and source of the funding that the jurisdiction contributes to the facility. (4)The aagregate capacit claimed bye participating jurisdictions in their housing elements shell not exceed the actual ca acit of the shelter. (e) Except as otherwise provided in this article, amendments to this article that alter the required content of a housing element shall apply to both of the following: (1)A housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, %, herewhen a city, county, or city and county submits a first draft to the department for review pursuant to Section 65585 more than 90 days after the effective date of the amendment to this section. State Department of Housing -23- May 2008 and Community Development 0 ATTACHMENT N . ��'°� Chapter 633, Statutes of 2007(SB 2)- (2)Any housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, whefewhen the city, county, or city and county fails to submit the first draft to the department before the due date specified in Section 65588 or 65584.02. Housing Accountability Act 65589.5. (a) The Legislature finds and declares all of the following: (1) The lack of housing, including emergency shelters, is a critical problem that threatens the economic, environmental, and social quality of life in California. (2) California housing has become the most expensive in the nation. The excessive cost of the state's housing supply is partially caused by activities and policies of many local governments that limit the approval of housing, increase the cost of land for housing, and require that high fees and exactions be paid by producers of housing. (3)Among the consequences of those actions are discrimination against low income and minority households, lack of housing to support employment growth, imbalance in jobs and. housing, reduced mobility, urban sprawl, excessive commuting, and air quality deterioration. (4) Many local governments do not give adequate attention to the economic, environmental, and social costs of decisions that result in disapproval of housing projects, reduction in density of housing projects, and excessive standards for housing projects. (b) It is the policy of the state that a local government not reject or make infeasible housing developments, including emergency shelters, that contribute to meeting the hew-sing need determined pursuant to this article without a thorough analysis of the economic, social, and Environmental effects of the action and without complying with subdivision (d). (c) The Legislature also recognizes that premature and unnecessary development of agricultural lands for urban uses continues to have adverse effects on the availability of those lands for food and fiber production and on the economy of the state_ Furthermore, it is the policy of the state that development should be guided away from prime agricultural lands; therefore, in implementing this section, local jurisdictions should encourage, to the maximum extent practicable, in filling existing urban areas. (d) A local agency shall not disapprove a housing development project, including farmworker housing as defined in subdivision (d) of Section 50199.50 of the Health and Safety Code, for very low, low-, or moderate-income households, or an emergency shelter. or condition approval in a manner that renders the project infeasible for development for the use of very low, low-, or moderate- income households, flr an emergencelter. including through the use of design review standards, unless it makes written findings, based upon substantial evidence in the record, as to one of the following: (1) The jurisdiction has adopted a housing element pursuant to this article that has been revised in accordance with Section 65588, is in substantial compliance with this article, and the jurisdiction has met or exceeded its share of the regional housing need allocation pursuant to Section 65584 for the planning period for the income category proposed for the housing development project, provided that any disapproval or conditional approval shall not be based on any of the reasons prohibited by Section 65008. If the housing development project includes a mix of income categories, and the jurisdiction has not met or exceeded its share of the regional housing need for one or more of those categories, then this paragraph shall not be used to disapprove or conditionally approve the project. The share of the regional State Department of Housing - 24- May 2008 and Community Development ATTACHMENT N( --Chapter 633, Statutes of 2007(SB 2)-- housing need met by the jurisdiction shall be calculated consistently with the forms and definitions that may be adopted by the Department of Housing and Community Development pursuant to Section 65400. In the case of an emergency shelter. the jurisdiction shall have met or exceeded the need for emergency shelter, as identified pursuant to paragraph 7 of subdivision (a) of Section 65583. Any disapproval or conditional approval pursuant to this paragraph shall be in accordance with applicable law, rule, or standards. (2)The development project or emergency eme[gency shelter as proposed would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households or rendering the develo meat of the emergency shelter financially infeasible. As used in this paragraph, a "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Inconsistency with the zoning ordinance or general plan land use designation shall not constitute a specific, adverse impact upon the public health or safety. (3)The denial of the project or imposition of conditions is required in order to comply with specific state or federal law, and there is no feasible method to comply without rendering the development unaffordable to low- and moderateincome households or rendering the development of the emergency shelter financially_infeasible. (4) The development project or emergency shelter is proposed on land zoned for agriculture or resource preservation that is surrounded on at least two sides by land being used for agricultural or resource preservation purposes, or which does not have adequate water or wastewater facilities to serve the project. (5)The development project or emergenc steer is inconsistent with both the jurisdiction's zoning ordinance and general plan land use designation as specified in any element of the general plan as it existed on the date the application was deemed complete, and the jurisdiction has adopted a revised housing element in accordance with Section 65588 that is in substantial compliance with this article. (A) This paragraph cannot be utilized to disapprove or conditionally approve a housing development project if the development project is proposed on a site that is identified as suitable or available for very low, low-, or moderate-income households in the jurisdiction's housing element, and consistent with the density specified in the housing element, even though it is inconsistent with both the jurisdiction's zoning ordinance and general plan land use designation. (B) If the local agency has failed to identify in the inventory of land in its housing element sites that can be developed for housing within the planning period and that are sufficient to provide for the jurisdiction's share of the regional housing need for all income levels pursuant to Section 65584, then this paragraph shall not be utilized to disapprove or conditionally approve a housing development project proposed for a site designated in any element of the general plan for residential uses or designated in any element of the general plan for commercial uses if residential uses are permitted or conditionally permitted within commercial designations. In any action in court, the burden of proof shall be on the local agency to show that its housing element does identify adequate sites with appropriate zoning and development standards and with services and facilities to accommodate the local agency's share of the regional housing need for the very low and low-income categories. State Department of Housing -25- May 2008 and Community Development ATTACHMENT NO. ` ^ -Chapter633, Statutes of 2007(SBJ)- `~/ This .~..~. .~.~ not relieve a zone or zones where emergency shelters are allowed as a permitted use without a conditional use or other discretionary r)ermit, has failed to demonstrate that the identified zone or zones include sufficient capacity to accommodate the need for emergency shelter identified in paragraph (7) of subdivision (a)of Section 65583, or has failed to demonstrate that the identified zone or zones can accommodate at least one emergency shelter. as reguired by paragraph (4) of subdivision (a) of Section 65583, then this Paragraph shall not be utilized to disapprove or conditionally approve an eme[gency shelter proposed for a site, designated in any element of the general plan for industrial, commercial, or multifamily residential uses. In any.action in court, the burden of proof shall be on the local agency to show that its housing element does satisfy the reguirements of paragraph (4) of subdivision (a) of Section 65583. (e) Nothing in this section shall be construed to relieve the local agency from complying with the Congestion K8an8gmnnont Program required by Chapter 2.6 (commencing with Section 85088)of Division 1 of Title 7 or the California Coastal Act(Division 20 (commencing with Section 30000) of the Public Resources Code). ThisNeither shall anything in this also- doe&449tbe construed to relieve the local agency from making one or more mf the findings required pursuant to Section 21081 of the Public Resources Code or otherwise complying with the California Environmental Quality Act(Division 13 (commencing with Section 2100O) of the Public Resources Code). /f\ This section does--netshall be construed to prohibit 8 local agency from requiring the development project to comply with nhiective, quondfiob|e, written development aiandands, conditions, and policies appropriate to, and consistent with, meeting the jurisdiction's share of the regional housing need pursuant to Section 65584. However, the development standards, conditions, and policies shall be applied tm facilitate and accommodate development at the density permitted on the site and proposed bythe development � section does Retshall be construed to prohibit a local aqencv from reauirinq an ernerqencv shelter proiect to cornolv with obiective. quantifiable, written development standards, conditions. and policies that are consistent with paragraph (4) of subdivision (a) of Section 65583 and appropriate to. and consistent with, meeting the jurisdiction's need for.emergency shelter, as identified pursuant to Paragraph (7) of subdivision (a) of Section 65583. However, the develor)ment standards, conditions, and Dolicies shall b a nolied bv the local aaencv to facilitate and accommodate the develooment of the emgEgtgg�� (3) This section does not prohibit a local genryfromirnpoSiDgfee3andPtharBXoctio0s otherwise authorized by law that are essential to provide necessary public services and facilities to the development project or emergency shelter. (g) This section shall be applicable to charter cities because the Legislature finds that the lack of housing, is a critical statewide problem. (h) The following definitions apply for the purposes Of this section: (1) "Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors. /2\ "Housing development project" me80S8USeCnnSiSdng0feitheFgI� 0fth8h}||owing� (A) Residential units only. State Department nfHousing '20' 8Vay200D and Community Development ATTACHMENT NO -Chapter 633, Statutes of 2007(SB 2)- (B) Mixed-use developments consisting of residential and nonresidential uses in which nonresidential uses are limited to neighborhood commercial uses and to the first floor of buildings that are two or more stories. As used in this paragraph, "neighborhood commercial" means small-scale general or specialty stores that furnish goods and services primarily to residents of the neighborhood. (C) Transitional housing or supportive housing (3) "Housing for very low, low-, or moderate-income households" means that either(A) at least 20 percent of the total units shall be sold or rented to lower income households, as defined in Section 50079.5 of the Health and Safety Code, or(B) 100 percent of the units shall be sold or rented to moderate-income households as defined in Section 50093 of the Health and Safety Code, or middle-income households, as defined in Section 65008 of this code. Housing units targeted for lower income households shall be made available at a monthly housing cost that does not exceed 30 percent of 60 percent of area median income with adjustments for household size made in accordance with the adjustment factors on which the lower income eligibility limits are based. Housing units targeted for persons and families of moderate income shall be made available at a monthly housing cost that does not exceed 30 percent of 100 percent of area median income with adjustments for household size made in accordance with the adjustment factors on which the moderate-income eligibility limits are based. (4) "Area median income" means area median income as periodically established by the Department of Housing and Community Development pursuant to Section 50093 of the Health and Safety Code. The developer shall provide sufficient legal commitments to ensure continued availability of units for very low or low-income households in accordance with the provisions of this subdivision for 30 years. (5) "Disapprove the development project" includes any instance in which a local agency does either of the following: (A) Votes on a proposed housing development project application and the application is disapproved. (B) Fails to comply with the time periods specified in subparagraph (B) of paragraph (1) of subdivision (a) of Section 65950. An extension of time pursuant to Article 5 (commencing with Section 65950) shall be deemed to be an extension of time pursuant to this paragraph. (i) If any city, county, or city and county denies approval or imposes restrictions, including design changes, a reduction of allowable densities or the percentage of a lot that may be occupied by a building or structure under the applicable planning and zoning in force at the time the application is deemed complete pursuant to Section 65943, that have a substantial adverse effect on the viability or affordability of a housing development for very low, low-, or moderate-income households, and the denial of the development or the imposition of restrictions on the development is the subject of a court action which challenges the denial, then the burden of proof shall be on the local legislative body to show that its decision is consistent with the findings as described in subdivision (d) and that the findings are supported by substantial evidence in the record. (j) When a proposed housing development project complies with applicable, objective general plan and zoning standards and criteria, including design review standards, in effect at the time that the housing development project's application is determined to be complete, but the local agency proposes to disapprove the project or to approve it upon the condition that the project be developed at a lower density, the local agency shall base its decision regarding the proposed housing development project upon written findings supported by substantial evidence on the record that both of the following conditions exist: State Department of Housing -27- May 2008 and Community Development ` v ° TT\CH NT NO. ' r -Chapter 633, Statutes of 2007(SB 2)- (1)The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. As used in this paragraph, a "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. (2)There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified pursuant to paragraph (1), other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density. (k) The applicant or any person who would be eligible to apply for residency in the development or emergency shelter may bring an action to enforce this section. If in any action brought to enforce the provisions of this section, a court finds that the local agency disapproved a project or conditioned its approval in a manner rendering it infeasible for the development of an emergency shelter, or housing for very low, low-, or moderate-income households including farmworker housing, without making the findings required by this section or without making sufficient findings supported by substantial evidence, the court shall issue an order or judgment compelling compliance with this section within 60 days, including, but not limited to, an order that the local agency take action on the development project or emergency shelter. The court shall retain jurisdiction to ensure that its order or judgment is carried out and shall award reasonable attorney's fees and costs of suit to the plaintiff or petitioner who proposed the housing development or emergency shelter, except under extraordinary circumstances in which the court finds that awarding fees would not further the purposes of this section. If the court determines that its order or judgment has not been carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled, including, but not limited to, an order to vacate the decision of the local agency, in which case the application for the project, as constituted at the time the local agency took the initial action determined to be in violation of this section, along with any standard conditions determined by the court to be generally imposed by the local agency on similar projects, shall be deemed approved unless the applicant consents to a different decision or action by the local agency. (1) If the court finds that the local agency (1) acted in bad faith when it disapproved or conditionally approved the housing development or emergency shelter in violation of this section and (2) failed to carry out the court's order or judgment within 60 days as described in ,, r-�>s , p ( givisiot�(k), the court in addition to any other remedies provided by this section, may impose fines upon the local agency that the local agency shall be required to deposit into a housing trust fund. Fines shall not be paid from funds that are already dedicated for affordable housing, including, but not limited to, redevelopment or low- and moderate-income housing funds and federal HOME and CDBG funds. The local agency shall commit the money in the trust fund within five years for the sole purpose of financing newly constructed housing units affordable to extremely low, very low, or low-income households. For purposes of this section, "bad faith" shall mean an action that is frivolous or otherwise entirely without merit. (m)Any action brought to enforce the provisions of this section shall be brought pursuant to Section 1094.5 of the Code of Civil Procedure, and the local agency shall prepare and certify the record of proceedings in accordance with subdivision (c) of Section 1094.6 of the Code of Civil Procedure no later than 30 days after the petition is served, provided that the cost of State Department of Housing - 28- May 2008 and Community Development N x -Chapter 633, Statutes of 2007(SB 2)-- preparation of the record shall be borne by the local agency. Upon entry of the trial court's order, a party shall, in order to obtain appellate review of the order, file a petition within 20 days after service upon it of a written notice of the entry of the order, or within such further time not exceeding an additional 20 days as the trial court may for good cause allow. If the local agency appeals the judgment of the trial court, the local agency shall post a bond, in an amount to be determined by the court, to the benefit of the plaintiff if the plaintiff is the project applicant. (n) In any action, the record of the proceedings before the local agency shall be filed as expeditiously as possible and, notwithstanding Section 1094.6 of the Code of Civil Procedure or subdivision (m) of this section, all or part of the record may be prepared (1) by the petitioner with the petition or petitioner's points and authorities, (2) by the respondent with respondent's points and authorities, (3) after payment of costs by the petitioner, or(4) as otherwise directed by the court. If the expense of preparing the record has been borne by the petitioner and the petitioner is the prevailing party, the expense shall be taxable as costs. (o)This section shall be known, and may be cited, as the Housing Accountability Act. State Department of Housing - 29- May 2008 and Community Development --Chapter 633, Statutes of 2007(SB 2)— Attachment 2, Definitions State Department of Housing -30- May 2008 and Community Development s ATTACHMENT NO. � ,. -Chapter 633,Statutes of 2007(SB 2)- Attachment 2 Definitions Emergency Shelters (Health and Safety Code Section 50801(e) "Emergency shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. Transitional Housing (Health and Safety Code Section 50675.2)(h) "Transitional housing" and "transitional housing development" means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future.point in time, which shall be no less than six months. Supportive Housing (Health and Safety Code 50675.14(b)) Housing with no limit on length of stay, that is occupied by the target population as defined in subdivision (d) of Section 53260, and that is linked to on- or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Target Population Definition per HSC 53260(d) (d) "Target population" means adults with low-income having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions__ Code) and may, among other populations, include families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, or homeless people. State Department of Housing -31 - May 2008 and Community Development ATTACHMENT NT NO,...... --Chapter 633, Statutes of 2007(SB 2)- Attachment 3 Helpful Links State Department of Housing -32- May 2008 and Community Development ATTACHMENT NO. -Chapter 633, Statutes of 2007(SB 2)-- Attachment 3 Helpful Links National Alliance to End Homelessness http:l/www.endhomelessness.orglsection/tools/tenyearplan Interagency Council on Homelessness http://www.ich.qov/ Interagency Council on Homelessness, Guide to Developing Plans and Examples http:l/www.ich.gov/slocal/index.html U.S. Department of Health and Human Services, Homelessness Resource Center htfp:/Iwww_nrchmi.samhsa.govl(X(1)S(axpyp555dhn54z45ghpgvni4)1/Default,aspx?AspxAuto DetectCookieSupport=t The National Coalition for the Homeless — Local Resources in California httaWwww.nationalhomeless.orq/resources/locallcalifornia.html HCD Selected Bibliography on Homeless Issues httpJ/www,hcd.ca.govlhpd/biblio.html Building Blocks for Effective Housing Elements (links to funding resources, data, policy and research on homelessness) http:/lwww.hcd.ca,gov/hpd/housing elementlindex.html State Department of Housing -33- May 2008 and Community Development ATTACHMENT N®. o- 20. Zoning Ordinance Revision: As part of the Governmental Constraints analysis for the Housing Element update, the following revision to the Huntington Beach Zoning Code was identified as appropriate to better facilitate the provision of a variety of housing types and housing to address the needs of extremely low income households: ➢ Add transitional housing and supportive housing within the code's definition section, and list as permitted uses within residential zone districts. ➢ Identification of emergency shelters as a.permitted use in the Industrial General (IG) and Industrial Limited (IL) Zone. Emergency shelters will be subject to the same development and management standards as other permitted uses in Industrial zones, as summarized in the Constraints chapter of the Housing Element. In addition, the City will develop written, objective standards for emergency shelters to regulate the following, as permitted under SB 2: • The maximum number of beds/persons permitted to be served nightly; • Off-street parking based on demonstrated need, but not to exceed parking requirements for other residential or commercial uses in the same zone; • The size/location of exterior and interior onsite waiting and client intake areas; ■ The provision of onsite management; • The proximity of other emergency shelters, provided that emergency shelters are not required to be more than 300 feet apart; • The length of stay; • Lighting; • Security during hours that the emergency shelter is in operation. 2008-2014 Objective: Amend the zoning ordinance by December 2009 to make explicit provisions for transitional and supportive housing, and emergency shelters_ Develop objective standards to regulate emergency shelters as provided for under SB 2. ATTACHMENT � ATTACHMENT # 15 Zoning Text Amendment No. 2009-009 Amending the Huntington Beach Zoning and Subdivision Ordinance to address requirements of Senate Bill 2 December 21, 2009 Request . Allow for Supportive Housing and Transitional Housing uses . Amend regulations for Emergency Shelters 1 Background • CA Senate Bill 2 • CA jurisdictions must identify at least one zone that will permit Emergency Shelter uses without discretionary action • Requires that Supportive Housing and Transitional Housing be considered as residential uses and only subject to restrictions of other residential uses in same zones Background • 2008-2014 Housing Element Program 20 • Identifies Industrial districts as the appropriate land use zone for Emergency Shelter uses without a CUP • Directs staff to add Supportive Housing and Transitional Housing definitions and list as permitted uses within Residential zones 2 Proposed Amendments • Establish definitions for Emergency Shelters, Supportive Housing, Target Population, and Transitional Housing within HBZSO Chapter 203 - Definitions • Establish use classifications for Supportive Housing and Transitional Housing within HBZSO Chapter 204 - Use Classifications Proposed Amendments • Identify Supportive Housing and Transitional Housing uses as allowed uses within Chapter 210 — Residential Districts • Reference Emergency Shelter standards and guidelines within Chapter 211 — Commercial Districts 3 Proposed Amendments • Allow Emergency Shelter uses as permitted uses within Chapter 212 — Industrial Districts • Establish objective Emergency Shelter standards and guidelines within Chapter 230 — Site Standards Analysis • Proposed amendments to the HBZSO will comply with requirements of SB2 and Program 20 of the Housing Element • Requirements and standards of the proposed uses ensure compatibility with other permitted uses 4 Planning Commission w .,» . Planning Commission Public Hearing November 24, 2009 Voted to approve Zoning Text Amendment No. 2009-009 Zoning Text Amendment No. � g 2009-009 Recommendation: Staff and the Planning Commission recommend the City Council approve the six ordinances related to Emergency Shelters and Transitional and Supportive Housing 5 RCA ROUTING SHEET INITIATING DEPARTMENT: PLANNING SUBJECT: Zoning Text Amendment No. 09-009 (Emergent Shelters/Transitional Housing) COUNCIL MEETING DATE: December 21 , 2009 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached ElNot Applicable (Signed in full by the City Attorney) Attached ❑ Subleases, Third Party Agreements, etc. Not Applicable (Approved as to form by City Attorney) Certificates of Insurance A' roved b the City Attorne Attached ❑ ( PP y y y) Not Applicable Attached ❑ Fiscal Impact Statement (Unbudget, over $5,000) Not Applicable ❑ Bonds (If applicable) AttachedNot Applicable Staff Report (If applicable) AttachedNot Applicable ❑ Commission, Board or Committee Re ort applicable If Attached p ( pp ) Not Applicable ❑ Findings/Conditions for Approval and/or Denial Attached Not Applicable ❑ EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) ( ) ( ) City Clerk ( ) EXPLANATION-FOR RETURN OF ITEM: (�3eloW P*ace.For City Clerk?s Use 0 RCA Author: SH:MBB:HB X�;3o NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, December 21, 2009, at 6:00 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 items: ❑ 1. ZONING TEXT AMENDMENT NO. 09-009 (EMERGENCY SHELTERS - TRANSITIONAL HOUSING): Applicant: City of Huntington Beach Request: To amend the Huntington Beach Zoning and Subdivision Ordinance to establish Emergency Shelters, Supportive Housing, Target Population and Transitional Housing within Chapter 203 Definitions, establish Supportive Housing and Transitional Housing within Chapter 204 Use Classificiations, list Supportive Housing and Transitional Housing as allowed uses within Residential districts (Chapter 210), reference Emergency Shelter standards and guidelines within Chapter 211 Commercial Districts, identify Emergency Shelters as permitted uses within the Industrial districts (Chapter 212), and establish objective Emergency Shelter standards and guidelines within Chapter 230 Site Standards in order to address requirements of Senate Bill 2. Location: Citywide Project Planner: Hayden Beckman NOTICE IS HEREBY GIVEN that Item #1 is is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act. NOTICE IS HEREBY GIVEN that Item #1 will require a Local Coastal Program Amendment certified by the California Coastal Commission. ON FILE: A copy of the proposed request is on file in the Planning Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office on Thursday, December 17, 2009. 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. Joan L. Flynn, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARING REQUEST FORM MEETING DATE: DEGFtnnf e2-1 , IW I SUBJECT: jet MA-1— AVW"INvGr47 Vim, 2-4o \-- 001 DEPARTMENT: pLA-t-JKI �£ CONTACT NAME: 4,46 aei-� GEt-A� WVU*Q PHONE: X s c--- N/A YES NO Is the notice attached? ( ) ( ( ) Do the heading and closing of the notice reflect a hearing before the City Council and/or Redevelopment Agency? Are the date, day and time of the public hearing correct? (✓) ( ) ( ) 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 map attached for publication? ( ) ( ) (✓)� Is a larger ad required? Size Is the verification statement attached indicating the source and accuracy of the mailing list? Are the applicant's name and address part of the mailing labels? (✓)'" ( ) ( ) Are the 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? i (V) ( ) ( ) Is Summary Report 33433 attached? (Redevelopment Agency items only) What is the minimum number of days from publication to hearing date? !0 What is the minimum number of times to be published? What is the specified number of days between publications? ��fr ,, i Nf ll„ h,15 L N.K U.a',,,,. ,,. ,.. Approved for public hearing Date noticed to newspaper - / ,�. _ Date published f Date notices mailed RCA Process Training Manual 10-05-06 -24- 0919/091gA9ny sane alglledwoo ww L9 x ww 9Z Iewjoj ap ouanblq 0918/0915®IlJany La!m alggedwoa„8/5 Z x«l azls logq California Coastal Commission 25 Clark Hampton 32 Sally Graham 39 Theresa Henry Westminster of District Meadowl Area South Coast Area Office 14121 Ce ood Avenue 516 Iding Circle 200 Oceangate, 10th Floor Wes ster CA 92683 tington Beach,CA 92649 Long Beach,CA 92802-4302 California Coastal Commission 25 Stephen Ritt 33 Cher B Wing 39 South Coast Area Office HB U ' High School Disrict Mea ark Area 200 Oceangate,10th Floor 58 olsa Avenue en Roosevelt Lane Long Beach,CA 92802-4302 untington Beach,CA 92649 gton Beach,CA 92649 Ryan P.�C�hamberl ' 26 O —(�a Hearthside Homes 40 Caltrans 6 Executive Circle,Suite 250 3337 ,Suite 380 Irvine,CA 92614 Iry ,CA 92612-1699 Director 27 Goldenwest College 35 Bolsa Chica Land T 41 LocalH�eall d Waste f.Agy. Atta: Fre ens 5200 Warn enue,Ste. 108 O.C. are Agency 157 oldenwest St. Hun ' on Beach,CA 92649 P.O. 355 fXntington Beach CA 92647 S to Ana,CA 92702 New Growth Coo ator 28 OC County Harbors,Beach 36 Bolsa Chica Land T t 41 Huntint each Post Office and Parks D t. Evan Henry, sident �UT,�t—in'gHton( r Ave. P. O. B 4048 1812 Po iffin Place Beach,CA 92647 S Ana,CA 92702-4048 Ne rt Beach,CA 92660 Marc Ecker 29 Bella Terra M 37 Fountain ey Elem. School Dist. Attn:Pat gers-Laude 100 later Avenue 7777 ger Ave. #300 ountain Valley CA 92708 H tington Beach CA 92647 Dr:Gary Ru rd,Super. 30 Country View Estates HOA 38 OC Sanitation D' ct 42 HB Ci ementary School Dist. Carrie omas 10844E venue 204 Craimer Lane 66 rotter Drive Foun Valley CA 92708 Huntington Beach,CA 92648 untington Beach CA 92648 David Perry 30 Country View Estates HOA 38 Eric Pendegraft,PI anager 42 HB City Ele ary School Dist. Gerald Ch an AES Huntingt each,LLC 20451 er Lane 6742 S re Circle 21730 Ne d Street H gton Beach,CA 92648 H gton Beach CA 92648 Hun on Beach CA 92646 Richard Lo 42 Huntington each Girls Softball* 47 AYSO Region 56 47 9062 alai Drive Mike Egilkson Commissione Gray H gton Beach CA 92646 P.O ox 3943 9522 Smo y Circle ntington Beach,CA 92605-3943 Hun ' on Beach,CA 92646 John Ely 42 AYSO Re ' 17 47 AYSO Region 47 22102 R port Lane John anza Commiss er Russ Marlow H gton Beach CA 92646 1 1 Bushard St 1811 rentwell Circle Fountain Valley,CA 92708 ntington Beach,CA 92647 label size 1"x 2 5/8"compatible with Avery 05160/8160 Etiquette de format 25 mm x 67 mm compatible avec Avery05160/8160 09 LS/09L50any oane alggedwoo ww L9 x ww 9Z lewiof ap attanbq 09 L8/09 L5®tian�r 411N►ajq.4edwoo„8/9 Z x j azls lapel President 1 Huntington or POA 10 Sue Johnson 16 H.B. Chamber of Commerce P. O.B 91 19671 Bay Lane 19891 Beach Blvd.,Ste_ 140 Surjpwef Beach,CA 90742 Hun gton Beach,CA 92648 Huntington Beach,CA 92648 Dave Stefanides 2 Orange County Assoc. of Realtors 25552 La Paz Road C� Laguna Hills,CA 92653 President 3 Jeffrey M. Odernian 12 Pacific Coast Archaeological 18 Amigos De Bolsa ca RUTAN&TUCKER,LLP Society,Inc. P. O. Box 15 611 Anton Blvd., 14'h Floor P�:Jane O B 10926 Hun n Beach,CA 92647 Costa Mesa CA 92626-1950 Csa,CA 92627 Gothold Sunset Beach unity Assoc. 4 Pres.,H.B.Hist.Society 13 Director 19 Pat Thie esident C/O Newland House Museum O_C. Ping. ev. Services Dept. PO ox 215 19820 Beach Blvd. P.O. x 4048 unset Beach,CA 90742-0215 Huntington Beach,CA 92648 to Ana,CA 92702-4048 President 5 Community Services Dept. 14 Bryan Speegle 19 Huntington Beach Tomorrow Chairperson O. C.Res ces &Develop. Mgt.Dept.. PO Box 865 Historical Resources Bd. P. O ox 4048 Huntington Beach,CA 92648 S to Ana,CA 92702-4048 Julie Vandermost 6 Council on g 15 Plan�-1'2 20 BIA-OC 1706 O ge Ave. Cirya 17744 Sky Park Circle,#170 Hun ' gton Beach,CA 92648 P. O Irvine CA 92614-4441 C to Mesa,CA 92628-1200 Richard Spice 7 Jeff Metzel 16 Planning Directo 21 SCAG Seaclif OA City of Fo am Valley 818 est 7th,12th Floor 19 Shady Harbor Circle 10200 ater Ave. s Angeles,CA 90017 untington Beach,CA 92648 F tain Valley,CA 92708 Jean Kimbrell 8 John Roe 16 Planning Direct 22 c/o E.T.I. Corral 100 Seacliff A City of N port Beach 20292 Eastwood Cir. 1938 urfdale Lane P.O_ ox 1768 Huntington Beach,CA 92646 H tington Beach,CA 92648 N,6wport Beach,CA 92663-8915 Robert Smith 9 Lou MannEeBluff 16 Planning Director 23 Environmental Board Chair 2009 Seacliff H City of Wes ster 21352 Yarmouth Lane 19821 Circle 8200 rester Blvd. Huntington Beach,CA 92646 H gton Beach CA 92648 W ster,CA 92683 Planning Direct 24 Ocean View Sc District 38 HB Ham CA 38 City of Se each Attn: Cind infer,Admire. Services Pro gr ve Community Mgmt. 211 th St. 17200n ehurst Lane 27405 Puerta Real,#300 Beach,CA 90740 Hun gton Beach CA 92647 Mission Viejo,CA 92691 label size 1"x 2 5/8"compatible with Avery 05160/8160 Etiquette de format 25 mm x 67 mm compatible avec Avery05160/8160