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HomeMy WebLinkAboutWireless Communications Facilities Antennas - Microwave - Di Council/Agency Meeting Held: Deferred/Continued to: A proved ❑ Conditionally Approved ❑ Qenied �- Clerk'" SignZe Council Meeting Date: August 5, 2002 Department ID Number: PL02-22 08- 19-07- (6,0- GA'O.—a^1 014or- M CITY OF HUNTINGTON BEACH REQUEST FOR ACTION _ P SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS r SUBMITTED BY: RAY SILVER, City Administrator 0122 PREPARED BY: HOWARD ZELEFSKY, Director of Planning SUBJECT: APPROVE ZONING TEXT AMENDMENT NO. 02-01 (WIRELESS COMMUNICATION FACILITY ORDINANCE). 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. 02-01 a request by the City of Huntington Beach to amend Chapter 230 Site Standards of the Zoning and Subdivision Ordinance (ZSO) by creating Section 230.96 Wireless Communication Facilities, which establishes specific guidelines for wireless communication facilities. The request also includes amending nine sections of the ZSO to clarify use classifications and land use control for wireless facilities. The Planning Commission and staff recommend approval and adoption of the ordinance as proposed. Funding Source: Not applicable. Recommended Action: PLANNING COMMISSION AND STAFF RECOMMENDATION: Motion to: "Approve Zoning Text Amendment No. 02-01 with findings for approval (ATTACHMENT NO. 1) and adopt Ordinance No. 3, ? , an Ordinance of the City of Huntington Beach amending various sections of the Huntington Beach Zoning and Subdivision Ordinance and adding Section 230.96 thereof relating to wireless communication facilities (ATTACHMENT NO. 2)." REQUEST FOR ACTION MEETING DATE: August 5, 2002 DEPARTMENT ID NUMBER: PL02-22 Planning Commission Action on June 25, 2002: THE MOTION MADE BY KERINS, SECONDED BY LIVENGOOD, TO APPROVED ZONING TEXT AMENDMENT NO. 02-01 AND FORWARD TO CITY COUNCIL WITH FINDINGS FOR APPROVAL (ATTACHMENT NO. 1) CARRIED BY THE FOLLOWING VOTE: AYES: SHOMAKER, KERINS, KOKAL LIVENGOOD NOES: NONE ABSENT: HARDY, MANDIC, PORTER ABSTAIN: NONE MOT/ON PASSED Alternative Action(s): The City Council may make the following alternative motion(s): 1. "Deny Zoning Text Amendment No. 02-01 with findings." 2. "Continue Zoning Text Amendment No. 02-01 and direct staff accordingly." Analysis: A. PROJECT PROPOSAL: Applicant: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92649 Location: Citywide Zoning Text Amendment No. 02-01 represents a request to amend Chapter 230 Site Standards of the Zoning and Subdivision Ordinance (ZSO) by creating Section 230.96, which establishes guidelines for wireless communication facilities. The zoning text amendment also represents an amendment to nine sections of the ZSO as listed below as they pertain to definitions, land use controls, exceptions to height limits and antenna regulations. — Section 203.06 Definitions — Section 204.10 Commercial Use Classifications — Section 210.04 RL RM RMH RH and RMP Districts: Land Use Controls — Section 211.04 CO, CG, and CV Districts: Land Use Controls — Section 212.04 IG and IL Districts: Land Use Controls — Section 213.06 OS District: Land Use Controls — Section 214.06 PS Districts: Land Use Controls — Section 230.72 Exceptions to Height Limits — Section 230.80 Antennae PL02-24 -2- 7/24/2002 9:10 AM REQUEST FOR ACTION MEETING DATE: August 5, 2002 DEPARTMENT ID NUMBER: PL02-22 The City has initiated the proposed amendments because the ZSO currently does not address development regulations for wireless communication facilities. The ordinance is intended to model the streamlined approach of the existing wireless facility policy and give clearer direction to wireless providers and staff when reviewing and processing applications. B. BACKGROUND Due to the increasing number of requests for wireless facilities, a policy was developed in late 1995 to clarify the procedures for establishing wireless communication facilities (WCF) in the City of Huntington Beach (ATTACHMENT NO. 7). Shortly thereafter, a wireless communications facility review committee consisting of city staff members from various departments was formed to assist in the development of a WCF ordinance. Over the past several years, information was gathered and meetings were held by the committee to evaluate and draft the contents of the ordinance. Additionally, comments were solicited from various wireless communication operators to ensure the ordinance not only serves the needs of the community but the wireless operators as well. C. PLANNING COMMISSION MEETING AND RECOMMENDATION: Two study sessions were held by the Planning Commission on March 26 and April 23, 2002 at which time comments and revisions were suggested to the proposed ordinance. The Planning Commission held a public hearing on May 28, 2002. There was one public speaker, Leslie Daigle, from the Planning Group representing AT&T Wireless. She presented an overview of the wireless industry and reiterated written comments raised by an attorney for AT&T Wireless. The item was continued to the June 25, 2002 meeting to allow additional time for staff to address concerns raised by both the Planning Commission and the attorney. The concerns of the Planning Commission included notification requirements and assessing penalty fees for abandoned facilities. Additionally, the attorney questioned the interference language and the standard lease agreement requirements for facilities located in the public right-of-way. The ordinance was revised to address the concerns of both the Planning Commission and the attorney, and at their June 25, 2002 meeting, the Planning Commission approved the draft ordinance as revised and recommended forwarding the draft ordinance to the City Council for adoption. D. STAFF ANALYSIS AND RECOMMENDATION: Since 1995, the City has been using the wireless communication policy as an interim mechanism to process all proposed facilities. Although the policy has been a useful tool, it focuses on processing requirements rather than the overall aesthetics of a facility. The proposed ordinance has been developed to codify the existing streamlined approach of the policy; however, the ordinance provides a higher standard of development for future wireless facilities. The analysis below reviews the components of the ordinance. Additional analysis is provided in the Planning Commission reports (ATTACHMENT NOS. 3 AND 5). PL02-24 -3- 7/24/2002 9:10 AM REQUEST FOR ACTION MEETING DATE: August 5, 2002 DEPARTMENT ID NUMBER: PL02-22 Proposed Ordinance The ordinance is divided into ten components, which are listed below with a brief overview of each section (See ATTACHMENT NO. 2): 1. Purpose 6. Site Selection 2. Permit Required 7. Public Right-of-Way 3. Definitions 8. Public Property 4. Applicability 9. Additional Requirements 5. Facility Standards 10. Facility Removal Purpose: Provides a general explanation of the necessity.of a wireless communication facility ordinance. Permit Required: In keeping with the recent permit streamlining effort and consistent with the current policy, the permit requirements include both the administrative approval and conditional use permit process. Applications requiring a conditional use permit are heard by the Zoning Administrator. Administrative approval may be permitted for all wireless facilities that are co-located and provide stealth techniques; completely stealth facilities in all zoning districts; stealth facilities in non-residential districts that are not visible from public view, integrated into the building architecture, or architecturally compatible with the surrounding environment. A conditional use permit to the Zoning Administrator is required for all facilities that do not comply with the administrative approval requirements. Additionally, facilities requiring a conditional use permit may require design review approval depending on the specific location of the facility. In order to facilitate a streamlined approval process and provide a higher standard of development for future wireless facilities, the ordinance challenges wireless operators to construct facilities using completely stealth or stealth techniques. The table below summarizes the approval process for various types of facilities. ,; t s4: r tip: ✓ d � -3 ` " , � �� �� � e Completely stealth facility& complies with height Permitted Permitted requirement Completely stealth facility& exceeds height CUP CUP requirement Co-location to approved facility& incorporates stealth Permitted Permitted techniques Co-location to approved facility without incorporating CUP CUP stealth techniques Roof mounted facility that complies with height CUP Permitted requirement& not visible Wall mounted facility that complies with height CUP Permitted requirement& integrated with the building architecture Stealth facility& complies with height requirement CUP Permitted Wireless facilities not permitted in Open Space—Shoreline and Open Space—Water Recreation PL02-24 -4- 7/24/2002 9:10 AM REQUEST FOR ACTION MEETING DATE: August 5, 2002 DEPARTMENT ID NUMBER: PL02-22 Some examples of stealth facilities and completely stealth facilities include: STEALTH FACILITIES + � t Mono Palm Mono Pine Light Standard COMPLETELY STEALTH FACILITIES I y i Church Steeple Flag Pole Fire Tower Definitions: The definitions are intended to provide specificity in areas where ambiguity would lead to confusion. Applicability: Identifies which facilities are subject to the requirements of the ordinance and which facilities are exempt pursuant to the Telecommunications Act of 1996. PL02-24 -5- 7/24t2002 9:10 AM REQUEST FOR ACTION MEETING DATE: August 5, 2002 DEPARTMENT ID NUMBER: PL02-22 Facility Standards: To ensure the best design practices and compliance with all applicable codes, aesthetics, federal requirements, interference, lighting, maintenance, and signage requirements are addressed. Site Selection: To assist in the decision-making process, the provider must demonstrate that the wireless facility is compatible with the surrounding environment, screened from public view, and architecturally integrated into a structure. Public Right-of-Way& Public Property: These sections are designed to assist wireless providers and the Public Works Department in the requirements relating to installation of wireless facilities on public right-of-ways or on public property. Regulations include acquisition of a franchise agreement with the City, construction requirements, and approval requirements. Additional Requirements: To ensure the public right-of-way is protected, additional requirements such as landscaping and utility agreements may be imposed. Facility Removal: This section is designed to ensure that inoperative or unused facilities are removed upon City's determination of abandonment. Amendments to Existing ZSO The proposed amendments will affect residential, commercial, industrial, open space — parks and recreation, and public-semipublic districts throughout the city. Accordingly, minor amendments to other sections of the ZSO are included as part of this application (ATTACHMENT NO. 2). The following is a summary of the proposed changes to the existing ZSO. a. Section 203.06, Definitions: the Communication Antenna definition is modified to include wireless communication facilities. b. Section 204.10, Commercial Use Classifications is modified to replace "cellular telephone" facilities with "wireless communications" facilities. C. Sections 210.04, 211.04, 212.04, 213.06, and 214.06, Land Use Controls for the zoning districts have been revised to indicate communication facilities as a limited use with provisions. A reference has been added to Section 230.96. d. Section 230.72, Exceptions to Height Limits, is revised to include wireless communication facilities. e. Section 230.80, Antennae, is clarified to reflect that antennas in general are subject to approvals and is revised to add further specificity regarding height. Zoning Text Amendment No. 02-01 modifies the Huntington Beach Zoning and Subdivision Ordinance, for the purpose of providing a streamlined approach and a higher standard of development for future wireless facilities. As technology changes for wireless facilities, the ordinance challenges those providers to comply with the administrative approval requirements, thus creating a streamlined process, improved customer service, and PL02-24 -6- 7/24/2002 9:10 AM REQUEST FOR ACTION MEETING DATE: August 5, 2002 DEPARTMENT ID NUMBER: PL02-22 aesthetically enhanced facilities. Therefore, staff recommends that the City Council approve Zoning Text Amendment No. 02-01 with findings. Environmental Status: The project is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act. The project involves minor amendments to the zoning ordinance, which does not change the development standards, intensity, or density of the affected districts. Attachment(s): City Clerk's Page Number No. Description 1. Findings for Approval 2. Ordinance No. .35 4F including the Legislative Drafts CEO 3. Planning Commission Staff Report dated May 28, 2002 4. Planning Commission Minutes dated May 28, 2002' 5. Planning Commission Staff Report dated June 25, 2002 6. Late Correspondence received at Planning Commission Meeting 7. 1 Wireless Communication Policy RCA Author: Jason Kelley/Mary Beth Broeren .. x„ .. , , .� �,. .. � _ yy Y� _ �'d¥ ..� G �<� �j� ro-. Y % SUGGESTED FINDINGS FOR APPROVAL ZONING TEXT AMENDMENT NO. 02-01 SUGGESTED FINDINGS FOR APPROVAL—ZONING TEXT AMENDMENT NO. 02-01: 1. Zoning Text Amendment No. 02-01 to amend certain sections of the Zoning and Subdivision Ordinance to add wireless communication facility standards is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan because the amendments clarify and streamline entitlement processing for wireless communication facilities thereby furthering the City's development goals and encouraging the use of stealth techniques which improves the aesthetics of the community. 2. In the case of a general land use provision, the zoning text amendment is compatible with the uses authorized in, and the standards prescribed for, the zoning district for which it is proposed. The amendment clarifies and establishes development standards for proposed wireless communication facilities to provide better public service for applicants and residents of the City of Huntington Beach. 3. A community need is demonstrated for the change proposed. The need for reduced processing time is desired by the business community; whereas, improved development standards which achieve aesthetic goals are desired by all communities of the City. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice by codifying the existing wireless policy and creating a zoning and subdivision ordinance more reflective of City priorities. The revisions to the Zoning and Subdivision Ordinance will result in the City's ability to require quality design and development of proposed wireless facilities,without restricting the wireless provider from serving the needs of the community. �Al ORDINANCE NO. 3568 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE BY RELATING TO WIRELESS COMMUNICATIONS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. In Section 203.06 of Chapter 203 of the Huntington Beach Municipal Code, the definition of Antenna, Communication is amended to read as follows: 203.06 Definitions 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. SECTION 2. Section 204.10 of Chapter 204 of the Huntington Beach Municipal Code, subpart I entitled"Communication Facilities," is amended to read as follows: 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. SECTION 3. In Section 210.04 of Chapter 210, of the Huntington Beach Municipal Code, the list of land uses is amended to add"Communication Facilities" as a permitted use, subject to the new land use control description of L-5, as follows: RL RM RMH RMP Additional RH Provisions Communication Facilities. L-5 L-5 L-5 L-5 L-5 Only wireless communication facilities permitted subject to section 230.96 Wireless Communication Facilities. SECTION 4. In Section 211.04 of Chapter 211 of the Huntington Beach Municipal Code,the land use control designation for Communication Facilities is amended from"P"to the new designation of"L-13" as follows: CO CG CV Additional Provisions ord/02zone/chaps wireless7/24/02 I Ord.No.3568 CO CG CV Additional Provisions Communication Facilities. L-13 L-13 L-13 L-13 For wireless communication facilities see Section 230.96 Wireless Communication Facilities. All other communication facilities permitted. SECTION 5. In Section 212.04 of Chapter 212 of the Huntington Beach Municipal Code, the land use control designation is amended from"P"to the new description of"L-12" as follows: IG IL Additional Provisions Communication Facilities L-12 L-12 L-12 For wireless communication facilities see section 230.96 Wireless Communication Facilities. All other communication facilities permitted. SECTION 6. In Section 213.06 of Chapter 213 of the Huntington Beach Municipal Code, the list of land uses is amended to add"Communication Facilities" as a permitted use, subject to the new land use control designation of L-4, as follows: OS-PR OS-S OS-WR Additional Provisions Communication Facilities L-4 L-4 Only wireless communication facilities permitted subject to Section 230.96 Wireless Communication Facilities. SECTION 7. In Section 214.06 of Chapter 214 of the Huntington Beach Municipal Code, the list of land uses is amended to add"Communication Facilities" as a permitted use, subject to the new land use control description of L-4, as follows: Additional PS Provisions Communication Facilities L-4 L-4 Only wireless communication facilities permitted subject to Section 230.96 Wireless Communication Facilities. ord/02zone/chaps wireless7/23/02 2 Ord.No.3568 SECTION 8. Section 230.72 of Chapter 230 of the Huntington Beach Municipal Code is hereby amended to read as follows: 230.72 Exceptions to Height Limits Chimneys;gent pipes; cooling towers; flagpoles; towers; spires; domes; cupolas; parapet walls not more than 4 feet high; water tanks; fire towers; transmission antennae (including wireless communication facilities); radio and television antennas (except satellite dish antennae); and similar structures and necessary mechanical appurtenances (except wind-driven generators) may exceed the maximum permitted height in the district in which the site is located by no more than 10 feet. The Zoning Administrator may approve greater height with a conditional use permit. Within ,the coastal zone exceptions to height limits may be granted only when public visual resources are preserved and enhanced where feasible. SECTION 9. Section 230.80 of Chapter 230 of the Huntington Beach Municipal Code is hereby amended to read as follows: 230.80 Antennae A. Purpose. The following provisions are established to regulate installation of antennae to protect the health, safety, and welfare of persons living and working in the City and to preserve the aesthetic value and scenic quality of the City without imposing unreasonable limitations on, prevent the reception of signals, or imposing excessive costs on the users of the antennae. B. Permit Required. Approval by the Director shall be required for the installation of an antenna or satellite antenna to ensure compliance with the locational criteria. Construction shall be subject to the provisions of the Uniform Building Code and National Electrical Code, as adopted by the City. Within the coastal zone, approval of a coastal development permit shall be required for installation of any antenna that meets the definition of development in Section 245.04 unless it is exempt pursuant to Section 245.08.(3334) C. Locational Criteria: Satellite Antennae. A satellite antenna may be installed on a lot in any zoning district if it complies with the following criteria: 1. Number: Only one satellite antenna may be permitted on a residential lot. 2. Setbacks: Interior side and rear property lines, 10 feet, except that no setback shall be required in interior side and rear setback areas if the antenna or satellite antenna does not exceed 6 feet in height. No antenna or satellite antenna shall be located in a required front yard. When roof-mounted, the antenna or satellite antenna shall be located on the rear one-half of the roof. 3. Maximum Height: a. The maximum height of a satellite antenna shall not exceed 10 feet if installed on the ground or the maximum building height for the district in which the satellite antenna is located, if roof-mounted. b. The maximum height of an antenna shall not exceed the maximum building height for the district in which the antenna is located. ord/02zone/chaps wireless7/24/02 3 Ord.No.3568 4. Maximum Dimension: The maximum diameter of a satellite antenna shall not exceed 10 feet in all districts with the exception that the diameter may be increased in non-residential districts if a conditional use permit is approved by the Zoning Administrator. 5. Screening: The structural base of an antenna or satellite antenna, including all bracing and appurtenances, but excluding the antenna or dish itself, shall be screened from public view and adjoining properties by walls, fences, buildings, landscape, or combinations thereof not less than 7 feet high so that the base and support structure are not visible from beyond the boundaries of the site at a height-of-eye 6 feet or below. 6. Undergrounding: All wires and/or cables necessary for operation of the antenna or satellite antenna or reception of the signal shall be placed underground, except for wires or cables attached flush with the surface of a building or the structure of the antenna or satellite antenna. 7. Surface Materials and Finishes: No advertising or text or highly reflective surfaces shall be permitted. 8. Exception: Requests for installation of an antenna or satellite antennae on sites that are incapable of receiving signals when installed pursuant to the locational criteria may be permitted subject to conditional use permit approval by the Zoning Administrator. The applicant shall submit documentation that installation at a height greater than permitted, or in another yard area, is necessary for the reception of usable antenna or satellite signals. Applications shall be.approved upon finding that the aesthetic value and scenic quality of the City is preserved, pedestrian or vehicular traffic vision is not obstructed, and upon the findings contained in Chapter 24L SECTION 10. Chapter 230 of the Huntington Beach Municipal Code is hereby amended by adding new Section 230.96 thereto,to read as follows: 230.96 Wireless Communication Facilities A. Purpose. All wireless communication facilities shall comply with these requirements and guidelines in order to regulate the location and design of wireless facilities for the protection of public safety, general welfare, and quality of life in the City of Huntington Beach. B. Permit Required. 1. Administrative approval by the Director may be granted for proposed wireless communication facilities (including but not limited to ground mounted, co- located, wall, roof, or utility mounted)that are; a. Co-located to approved facilities at existing heights or complies with the base district height limit for modified facilities, and compatible with ord/02zone/chaps wireless7/23/02 4 Ord.No.3568 surrounding buildings and land uses by incorporating stealth techniques; or b. Completely stealth facilities and complies with the base district height limit; or C. Facilities in non-residential districts and in compliance with the maximum building height permitted within the zoning district; and 1. Screened from view and not visible from beyond the boundaries of the site at eye level (six feet); or 2. Substantially integrated with the architecture of the existing building or structure to which it is to be mounted; or 3. Designed to be architecturally compatible with surrounding buildings and land uses by incorporating stealth techniques. 2. Conditional use permit approval by the Zoning Administrator shall be required for all proposed wireless communication facilities (including but not limited to ground mounted, co-located,wall, roof or utility mounted)that are: a. Exceeding the maximum building height permitted within the zoning district; or b. Visible from beyond the boundaries of the site at eye level (six feet); or C. Not substantially integrated with the architecture of the existing building or structure to which it is to be mounted; or d. Not designed to be architecturally compatible with surrounding buildings and land-uses; or e. Facilities in residential districts that do not meet B.1.a or B.Lb. 3. Design review shall be required for wireless communication facilities located in redevelopment areas, on public right-of-ways, in OS-PR and PS zones, in areas subject to specific plans, on or within 300 feet of a residential district, and in areas designated by the City Council. Design review is not required for wireless communication facilities that comply with section B.1. C. Definitions. For the purpose of this section,the following definitions for the following terms shall apply: ord/02zone/chaps wireless7/24/02 5 Ord.No.3568 1. Accessory Structure. Any structure or equipment that is to be located ancillary to an antenna or antennas in the establishment and operation of a wireless communication facility. 2. Co-Location or Co-Located. The location of multiple antennas which are either owned or operated by more than one service provider at a single location and mounted to a common supporting structure, wall or building. 3. Completely Stealth Facility. Any stealth facility that has been designed to completely screen all aspects of the facility including appurtenances and equipment from public view. Examples of completely stealth facilities may include, but are not limited to architecturally screed roof-mounted antennas, fagade mounted antennas treated as architectural elements to blend with the existing building, flagpoles, church steeples, fire towers, and light standards. 4. Ground Mounted Facility. Any wireless antenna that are affixed to a pole, tower or other freestanding structure that is specifically constructed for the purpose of supporting an antenna. 5. Microwave Communication. The transmission or reception of radio communication at frequencies of a microwave signal (generally, in the 3 GHz to 300 GHz frequency spectrum). 6. Pre-existing Wireless Facility. Any wireless communication facility for which a building permit or conditional use permit has been properly issued prior to the effective date of this ordinance, including permitted facilities that have not yet been constructed so long as such approval is current and not expired. 7. Roof Mounted. Any wireless antenna directly attached or affixed to the roof of an existing building, water tank, tower or structure other than a telecommunications tower. 8. Stealth Facility or Techniques. Any wireless communication facility, which is designed to blend into the surrounding environment,typically, one that is architecturally integrated into a building or other concealing structure. See also definition of completely stealth facility. 9. Telecommunication Facility. A wireless communication facility that is either wall mounted,utility mounted, or roof mounted. 10. Utility Mounted. Any wireless antenna mounted to an existing above-ground structure specifically designed and originally installed to support utilities such as but not limited to electrical power lines, cable television lines, telephone lines, non-commercial wireless service antennas,radio antennas, street lighting, recreational facility lighting, traffic signal equipment or any other utility which meets the purpose and intent of this definition. ord/02zone/chaps wireless7/23/02 6 Ord.No.3568 11. Wall Mounted. Any wireless antenna mounted on any vertical or nearly vertical surface of a building or other existing structure that is not specifically constructed for the purpose of supporting an antenna(including the exterior walls of a building, an existing parapet, the side of a water tank, the face of a church steeple, or the side of a freestanding sign) such that the highest point of the antenna structure is at an elevation equal to or lower than the highest point of the surface on which it is mounted. 12. Wireless Communication Facility or Facility. An antenna structure and any appurtlenant facilities or equipment that are used in connection with the provision of wireless communication service, including, but not limited to digital, cellular and radio service. D. Applicability. 1. All wireless communication facilities which are erected, located, or modified within the City of Huntington Beach on or following the effective date of section 230.96 shall comply with these guidelines, subject to the categorical exemptions under subparagraph (3) of this section, provided that: a. All facilities, for which applications were determined complete by the Planning Department prior to the effective date of this section, shall be exempt from these regulations and guidelines. b. All facilities for which Building and Safety issued building permits prior to the effective date of section 230.96 shall be exempt from these regulations and guidelines, unless and until such time as subparagraph(2) of this section applies. C. Any facility, which is subject to a previously approved and valid conditional use permit,may be modified within the scope of the applicable permit without complying with these regulations and guidelines. 2. All facilities for which building permits and any extension thereof have expired shall comply with the provisions of section 230.96. 3. The following uses shall be exempt from the provisions of section 230.96 until pertinent federal regulations are amended or eliminated. See Section 230.80 (Antennae) for additional requirements. a. Any antenna structure that is one meter(39.37 inches)or less in diameter and is designed to receive direct broadcast satellite service, including direct-to- home satellite service for television purposes, as defined by Section 207 of the Telecommunication Act of 1996, Title 47 of the Code of Federal Regulations, ord/02zone/chaps wireless7/23/02 7 Ord.No.3568 and any.interpretive decisions thereof issued by the Federal Communications Commission(FCC). b. Any antenna structure that is two meters(78.74 inches) or less in diameter located in commercial or industrial zones and is designed to transmit or receive radio communication by satellite antenna. c. Any antenna structure that is one meter(39.37 inches) or less in diameter or diagonal measurement and is designed to receive Multipoint Distribution Service, provided that no part of the antenna structure extends more than five (S) feet above the principle building on the same lot. d. Any antenna structure that is designed to receive radio broadcast transmission. e. Any antenna structure used by authorized amateur radio stations licensed by the FCC. E. Facility Standards. 1 Aesthetics: a. Facility: All screening used in conjunction with a wall or roof mounted facility shall be compatible with the architecture of the building or other structure to which it is mounted, including color, texture and materials. All ground mounted facilities shall be designed to blend into the surrounding environment, or architecturally integrated into a building or other concealing structure. b. Equipment/Accessory Structures: All equipment associated with the operation of the facility, including but not limited to transmission cables, shall be screened in a manner that complies with the development standards of the zoning district in which such equipment is located. Screening materials and support structures housing equipment shall be architecturally compatible with surrounding structures by duplicating materials and design in a manner as practical as possible. If chain link is used, then it must be vinyl coated and not include barbed wire. C. General Provisions: All Wireless Communication Facilities shall comply with the Huntington Beach Urban Design Guidelines. 2. Building Codes: To ensure the structural integrity of wireless communication facilities, the owners of a facility shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for facilities that are published by the Electronic Industries Association, as amended from time to time. ord/02zone/chaps wireless7/23/02 8 Ord.No.3568 3. Conditions of Approval: Acceptance of conditions by the applicant and property owner shall be ensured by recordation of the conditions on the property title. 4. Federal Requirements: All Wireless Communication Facilities must meet or exceed current standards and regulations of the FCC, and any other agency of the state or federal government with the authority to regulate wireless communication facilities. S. Interference: To eliminate interference the following provisions shall be required for all wireless communication facilities regardless of size: a. Prior to issuance of a building permit, the applicant must submit the following information to the Police Department for review: 1. All transmit and receive frequencies; 2. Effective Radiated Power (ERP); 3. Antenna height above ground; and 4. Antenna pattern, both horizontal and vertical (E Plane and H Plane). b. At all times, other than during the 24-hour cure period, the applicant shall comply with all FCC standards and regulations regarding interference and the assignment of the use of the radio frequency spectrum. The applicant shall not prevent the City of Huntington Beach or the countywide system from having adequate spectrum capacity on the City's 800 MHz voice and data radio frequency systems. The applicant shall cease operation of any facility causing interference with the City's facilities immediately upon the expiration of the 24-hour cure period until the cause of the interference is eliminated. C. Before activating its facility, the applicant shall submit to the Police and Fire Departments a post-installation test to confirm that the facility does not interfere with the City of Huntington Beach Public Safety radio equipment. The Communications Division of the Orange County Sheriff's Department or Division-approved contractor at the expense of the applicant shall conduct this test. This post-installation testing process shall be repeated for every proposed frequency addition and/or change to confirm the intent of the "frequency planning"process has been met. d. The applicant shall provide to the Planning Department a single point of contact(including name and telephone number) in its Engineering and .Maintenance Departments to whom all interference problems may be reported to insure continuity on all interference issues. The contact person shall resolve all interference complaints within 24 hours of being notified. ord/02zone/chaps wireless7/23/02 9 Ord.No.3568 e. The applicant shall insure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of the applicant to comply. 6. Lighting: All outside lighting shall be directed to prevent "spillage"_onto adjacent properties, unless required by the FAA or other applicable authority, and shall be shown on the site plan and elevations. 7. Maintenance: All facilities and appurtenant equipment shall be maintained to remain consistent with the original appearance of the facility. Ground mounted facilities shall be covered with anti-graffiti coating. 8. Monitoring: For all wireless communication facilities,the applicant shall provide a copy of the lease agreement between the property owner and the applicant prior to the issuance of a building permit. 9. S M: The facility shall not bear any signs or advertising devices other than certification, warning, or other required seals of signage. F. Site Selection. For all wireless communication facilities, the applicant shall provide documentation that demonstrates the following: I. Compatibility with the surrounding environment or architecturally integrated into a structure. 2. Screened or camouflaged by existing or proposed topography, vegetation, buildings or other structures as measured from beyond the boundaries of the site at eye level (six feet). 3. Massing and location of the proposed facility are consistent with surrounding structures and zoning districts. 4. No portion of a wireless communication facility shall project over property lines. G. Facilities in the Public Right-of-Way. Any wireless communication facility to be placed over, on or beneath the public right-of-way shall comply with the following standards: I. Any wireless communication facilities to be constructed on or beneath the public right-of-way must have a franchise agreement with the City or the owner that has a wireless franchise agreement with the City, or the applicant must provide documentation demonstrating that the applicant is a state-franchised telephone corporation exempt from local franchise requirements. 2. All equipment associated with the operation of a facility, including but not limited to transmission cables, shall be placed underground in those portions of the street, sidewalks and public rights-of-way where cable television, telephone or electric ord/02zone/chaps wireless7/23/02 10 Ord.No.3568 lines are underground. At no time shall equipment be placed underground without appropriate conduit. 3. The City Engineer shall approve the location and method of construction of all facilities located within public rights-of-way. 4. All wireless communication facilities shall be subject to applicable City permit and inspection fees, including, but not limited to, those pertaining to encroachment permits and all applicable fees. 5. Any wireless communication facility installed, used or maintained within the public rights-of-way shall be removed or relocated when made necessary by any "project." For purposes of this section, project shall mean any lawful change of grade, alignment or width of any public right-of-way, including but not limited to, the construction of any subway or viaduct that the City may initiate either through itself, or any redevelopment agency, community facility district, assessment district, area of benefit, reimbursement agreement or generally applicable impact fee program. 6. Wireless communication facilities may be installed on existing utility poles, conduits and other facilities of a public utility, with the approval of the City Engineer, provided a franchise agreement exists allowing wireless installation. 7. Prior to the approval of any required building permits or entitlements (Conditional Use Permits, Variances, etc.)the applicant shall have a franchise agreement approved by the City Council. H. Facilities on Public Property. Any wireless communication facility to be placed over, on or beneath public property shall comply with the following standards: 1. Wireless communication facilities shall be installed in accordance with all applicable City codes and ordinances, including, but not limited to, standards for paving in the event that any undergrounding of utilities is required. 2. Any wireless communication facilities to be constructed on or beneath public property must have a lease agreement with the city. I. Additional Requirements. 1. Landscaping_ Landscape planting, irrigation and hardscape improvements may be imposed depending on the location,the projected vehicular traffic,the impact on existing facilities and landscape areas, and the visibility of the proposed facility. Submittal of complete landscape and architectural plans for review and approval by the Directors of Public Works and Planning may be required. Public Works inspectors may require additional improvements during installation based on facility impacts. ord/02zone/chaps wireless7/23/02 1 1 Ord.No.3568 2. Utility Agreement: If the proposed facility will require electrical power or any other utility services to the site,the applicant will be required to furnish the City's Real Estate Services Manager, either a drafted utility franchise agreement between the City of Huntington Beach and the applicant to place those lines in the public right-of-way, or a written statement from the utility company who will be supplying the power or other services, that they accept all responsibility for those lines in the public right-of-way. J. Facility Removal. 1. Cessation of Operation: Within thirty(30) days of cessation of operations of any wireless communication facility approved under this section, the operator shall notify the Planning Department in writing. The facility shall be deemed abandoned pursuant to the following sections unless: a. The City has determined that the operator has resumed operation of the wireless communication facility within six (6) moths of the notice; or b. The City has received written notification of a transfer of wireless communication operators. 2. Abandonment: A facility that is inoperative or unused for a period of six (6) continuous months shall be deemed abandoned. Written notice of the City's determination of abandonment shall be provided to the operator of the facility and the owner(s) of the premises upon which the facility is located. Such notice may be delivered in person, or mailed to the address(es) stated on the facility permit application, and shall be deemed abandoned at the time delivered or placed in the mail. 3. Removal of Abandoned Facility: The operator of the facility and the owners(s) of the property on which it is located, shall within thirty(30) days after notice of abandonment is given either(1)remove the facility and restore the premises, or (2)provide the Planning Department with written objection to the City's determination of abandonment. Any such objection shall include evidence that the facility was in use during the relevant six- (6) month period and that it is presently operational. The Director shall review all evidence, determine whether or not the facility was properly deemed abandoned, and provide the operator notice of its determination. 4. Removal by City: At any time after thirty-one (31) days following the notice of abandonment, or immediately following a notice of determination by the Director, if applicable,the City may remove the abandoned facility and/or repair any and all damage to the premises as necessary to be in compliance with applicable codes. The City may,but shall not be required to, store the removed facility(or any part thereof). The owner of the premises upon which the abandoned facility ord/02zone/chaps wireless7/23/02 12 Ord.No.3568 was located, and all prior operators of the facility, shall be jointly liable for the entire cost of such removal, repair, restoration and/or storage, and shall remit payment to the City promptly after demand thereof is made. The City may, in lieu of storing the removed facility, convert it to the City's use, sell it, or dispose of it in any manner deemed appropriate by the City. SECTION 11. 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 August , 2002. Mayor ATTEST: �0 . ls APPROVED AS TO FORM: City Clerk o8- - ity Attorney REVIEWED AND APPROVED: ' �6 ;7� Kf TED AND APPROVED: City A inistrator Directo Planning ord/02zone/chaps wireless7/23/02 13 Ord. No. 3568 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City,do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 5th day of August, 2002, and was again read to said City Council at a regular meeting thereof held on the 19th day of August,2002, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Dettloff, Boardman, Cook, Houchen, Winchell, Bauer NOES: None ABSENT: Green(out of room) ABSTAIN: None I,Connie Brockway,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 2002 In accordance with the City Charter of said City City Clerk and ex-offiClo Clerk Connie Brockway,City Clerk of the City Council of the City Deputy city Clerk of Huntington Beach, California Ordinance No `,.J `=P LEGISLATIVE DRAFT Chapter2 0 Definitions 711 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. legisdrft/zoning code/203LD/5/15/02 I 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, eellu ar radiotelephone cell wireless communication antenna, FM digital communication antenna,microwave telephone communication antenna, amateur radio antenna, and short-wave communication antenna and other similar antenna. Antenna Height. The distance from the property's grade to the highest point of the antenna and its associated support structure when fully extended. Antenna, Satellite Dish. An antenna for the purpose of receiving or transmitting communications to or from an orbiting satellite. legisdrft/zoning code/203LD/7/24/02 2 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 Al 250' .57 .53 gross acre net acre 230' I 100' _I 100' _ 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. legisdrft/zoning code/203LD/5/15/02 3 Roof Second Story First Story Finished ----If this basement ceiling is more than 4'ft. from Grade Basement average adjoining finished L _ _ 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. I L�u 203-BLK BLOCKFACE Boarding_House. A building with not more than five guest rooms where lodging and meals are provided for not more than 10 persons, but shall not include rest homes or convalescent homes. Guest rooms numbering 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. Ca fl�ort. 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) legisdrft/zoning code/203LD/5/15/02 4 City. The City of Huntington Beach. Clinic. An establishment where patients,who are not lodged overnight, are admitted for examination and treatment by one or more of a group of physicians, dentists, optometrists, psychologists, or social workers practicing together. Coastal Zone. A geographic zone adjacent to the shoreline, the boundaries of which are determined by the California Coastal Act of 1976, as amended. Collection Containers. Containers or buildings with a gross floor area of 500 square feet or less used for the deposit and storage of household articles or recyclables. Commission. The Huntington Beach Planning Commission, Community Apartment Project. A project in which an individual interest in land is coupled with the right exclusively to occupy an individual unit, as provided in Section 11004 of the California Business and Professions Code. Com 1p etelyRebuilt. 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. 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. legisdrft/zoning code/203LD/5/15/02 5 Director. The Director of Planning or his or her designee. 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, Single Unit. A detached building designed primarily for use as a single dwelling, no portion of which is rented as a separate unit, except as permitted by this Code. Attached single family dwellings shall be considered as multi-family. Dwelling, Accessory Unit. A fully equipped dwelling unit which is ancillary and subordinate to a principle dwelling unit located on the same lot in the RL zone. Also known as second dwelling unit or"granny unit." Dwelling, Studio Unit. A dwelling unit consisting of 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 Unit. One or more habitable rooms with only one kitchen, and designed for occupancy as a unit by one or more persons living as a household unit with common access to all living,kitchen, and bathroom areas. Energy Facility. Any public or private processing, producing, generating, storing, transmitting, or recovering facility for electricity, natural gas,petroleum, coal, or other sources of energy. Environmental Im ap ct Report (EIR). A report complying with the requirements of the California Environmental Quality Act (CEQA) and its implementing guidelines. Environmentally Sensitive (habitat) Area. A wetland or any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments. Exemption, Categorical. An exception from the requirements of the California Environmental Quality Act (CEQA) for a class of projects, which have been determined to not have a significant effect on the environment. 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.(sssa) legisdrft/zoning code/203LD/5/15/02 6 Floor Area, Gross. The total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, and including halls, stairways, elevators shafts at each floor level, service and mechanical equipment rooms, and habitable basement or attic areas, but excluding area for vehicle parking and loading. Floor Area Ratio (FAR). Determined by dividing the gross floor area of all buildings on a lot by the area of that lot. FLOOR AREA RATIO FAR of 0.5 FAR of 1.0 NOR %%am FAR of 1.5 S j 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. 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 legisdrft/zoning code/203LD/5/15/02 7 occupants of the premises. Such quarters shall have no kitchen facilities, and shall be limited to one room, no greater than 500 square feet in size with no more than three plumbing fixtures. Height of Building. A vertical dimension measured from the top of the highest roof to the top of the subfloor/slab directly underneath. (See Section 230.72.) Helipad or Helistop. A heliport without auxiliary facilities such as waiting room,helicopter parking, fueling and maintenance equipment. Heliport. An area, either at ground level or elevated on a structure, that is used or intended to be used for the takeoff and landing of helicopters, and includes some or all the various facilities useful to helicopter operations, including helicopter parking, waiting room, fueling and maintenance equipment. Home Occupation. Business activity conducted in a dwelling unit in a residential district that is incidental to the principal residential use of a lot or site. Illumination, Direct. Illumination by means of light that travels directly from its source to the viewer's eye. Illumination, Indirect. Illumination by means only of light cast upon an opaque surface from a concealed source. Incentives. Policies,programs or actions taken by the City designed to ensure that a development will be produced at a lower cost. Junk Yard. The use of a lot, or contiguous lots, or any portion thereof for the storage of junk, including scrap metal, or other scrap materials, and/or for the dismantling or wrecking of automobiles or other vehicles or machinery. Kennel. Any premises where four or more dogs or cats at least four months of age are kept for any purpose. Kitchenette or Kitchen. Any room or part of a room which is designed, built, used, or intended to be used for food preparation and dishwashing; but not including a bar, or similar room adjacent to or connected with a kitchen. Landscaping. An area devoted to or developed and maintained with native or exotic plantings, lawn, ground cover, gardens, trees, shrubs, and other plant materials, decorative outdoor landscape elements, pools, fountains, water features,paved or decorated surfaces of rock, stone, brick, block, or similar material (excluding driveways,parking, loading, or 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. legisdrft/zoning code/203LD/5/15/02 8 Perimeter Landscape Interior Landscape Interior I Landscape 11111 ITFFFt�-`, Interior Landscape 20"" LANDSCAPING: PERIMETER INTERIOR 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. STREET Reversed Corner Lot Interior Interior Interior Corner Lot Lot Lot Lot Through w Lot 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, Flay. 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 legisdrft/zoning code/203LD/5/15/02 9 front lot line, a line 10 feet in length within the lot,parallel to and at the maximum possible distance from the front lot line, shall be deemed the rear lot line. Lot or Property Line, Front. The street property line adjacent to the front yard. Lot or Property Line,Interior. A lot line not abutting a street. Lot or Property Line, Side. Any lot line that is not a front lot line or a rear lot line. Lot or Property Line, Street. A lot line abutting a street. Lot,Reverse Corner. A corner lot,the side line of which is substantially a continuation of the front lot line of the lot to its rear. Lot, Street-Alley. An interior lot having frontage on a street and an alley. Lot, Through. A lot having frontage on two dedicated parallel or approximately parallel streets. Lot Width. The mean of the horizontal distance between the side lot lines measured at right angles to the lot depth at mid-points 20 feet from the front lot line and 20 feet from the rear lot line, or from the rearmost point of the lot depth in cases where there is no rear lot line. Front Lot Line Front Lot Line x X Q � o Q � o 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. legisdrft/zoning code/203LD/5/15/02 10 �XNXI Mezzanine:maximum 33 percent of floor area below. Floor Below ?03-AfEZ MEZZANINE Moderate Income Household. A household whose annual income is at or below one hundred twenty(120%)percent of Orange County median income as defined by the State of California Department of Housing and Community Development. Municipal Code. The Municipal Code of the City of Huntington Beach. Negative Declaration. A written statement briefly describing the reasons that a proposed project will not have a significant impact on the environment which meets the requirements of the California Environmental Quality Act. (3334) 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. legisdrft/zoning code/203LD/5/15/02 I I Open Space, Usable. Outdoor or unenclosed area on the ground, or on a balcony, deck, porch or terrace designed and accessible for outdoor living, recreation,pedestrian access or landscaping. Usable open space does not include parking facilities, driveways,utility or service areas, any required front or street side yard, any space with a dimension of less than 6 feet in any direction or an area of less than 60 square feet. min min min 6 ft. 4 10 ft. 10 ft. Patio Terrace Balcony Front Yard Private Open Space Private Open Space Common Open Space USABLE OPEN SPACE w Oversize Vehicle. Any vehicle which exceeds twenty-five (25) feet in length, seven(7) in width, seven (7) in height, or a weight of 10,000 pounds, motorized or nonmotorized. Oversize vehicle also includes any equipment or machinery regardless of size. Parking Structure. A structure used for parking or vehicles where parking spaces, turning radius, and drive aisles are incorporated within the structure. Patio. A paved court open to the sky. Permitted Use. A use of land that does not require approval of a conditional use permit or temporary use permit. Planned Unit Development (PUD). A large scale development of a parcel or of a combination of related parcels to be developed by a single owner or group of owners acting jointly, involving a related group of uses,planned as an entity and having a predominant developmental feature which serves to unify or organize development. 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) legisdrft/zoning code/203LD/5/15/02 12 Qualifying Senior Resident. A person who is 62 years of age or older. (Section 51.2 of the California Civil Code.) Remodel. The upgrade of the interior or exterior faces of a building or structure without altering to any degree the structural integrity. Residential 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 Housin . 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;3482-12/00) 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. legisdrft/zoning code/203LD/5/15/02 13 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 swimming pools,patios,walks, access drives, or similar paved areas. Takeoff and Landing_Are a. That area of the helicopter facility where the helicopter actually lands and takes off. 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. 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. 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. legisdrft/zoning code/203LD/5/15/02 14 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. REAR YARD STREET r FRONT YARD LOT LINE W LOT LINES W O i w I ¢ p w W } H W � o v� Ln N I ioF` Q I "' LU LU W LU L. I W W - 12 N STREET %— FRONT YARD STREET FRONT YARD STREET FRONT YARD I CORNER LOT EXAMPLES ,e REAR YARD- _ REAR YARD_ REAR YARD O I I I SIDE }'N I % YAR �I I pCn I I I — I SIDEYARDS3. I 1 a STREET FRONT YARD STREET FRONT YARD STREET FRONT YARD INTERIOR LOT EXAMPLES REAR YARD REAR YARD �—LOT LINES,7 r • SIDE YAR LEGEND ARDS �� ` I I _ _ _ i BUILDING(ZONING)ENVELOPE STREET I — — _ (TWO DIMENSIONAL) i LOT LINES FRONT YARD STREET FRONT YARD SIDE YARD ODD - SHAPED LOT EXAMPLES REQUIRED YARDS Iegisdrft/zoning code/203LD/5/I5/02 15 Ordinance No. 56� LEGISLATIVE DRAFT J[C'4ap` ` Ir Z© e lsiicls 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 (3334-6/97) 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 (3334-6/97) 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 (3334-6/97) A. Day Care, Limited (or Small-Family). Non-medical care and supervision of six or fewer persons on a less than 24-hour basis. This classification includes nursery schools, preschools, and day-care centers for children and adults. (3334-6/97) B. Group Residential. Shared living quarters without separate kitchen or bathroom facilities for each room or unit. This classification includes boarding houses, but excludes residential hotels or motels. (3334-6/97) C. Multifamily Residential. Two or more dwelling units on a site. This classification includes manufactured homes. (3334-6/97) legisdrft/zoning code/204LD/5/15/02 1 D. Residential Alcohol Recovery, Limited. Twenty-four-hour care for no more than six persons suffering from alcohol problems in need of personal services, supervision, protection or assistance. This classification includes only those facilities licensed by the State of California. (3334-6/97) E. Residential Care, Limited. Twenty-four-hour non-medical care for 6 or Fewer persons in need of personal services, supervision,protection, or assistance essential for sustaining the activities of daily living. This classification includes only those services and facilities licensed by the State of California.(3334-6/97) F. Single-Family Residential. Buildings containing one dwelling unit located on a single lot. This classification includes manufactured homes. (3334-6/97) 204.08 Public and Semipublic Use Classifications (3334-6/97) 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. (3334-6/97) 1. Drug Abuse Centers. Facilities offering drop-in services for persons suffering from drug abuse, including treatment and counseling without provision for on-site residence or confinement. (3334-6/97) 2. Primary Health Care. Medical services, including clinics, counseling and referral services, to persons afflicted with bodily or mental disease or injury without provision for on-site residence or confinement. (3334-6/97) 3. Emergency Kitchens. Establishments offering food for the "homeless" and others in need. (3334-6/97) 4. Emergency Shelters. Establishments offering food and shelter programs for "homeless" people and others in need. This classification does not include facilities licensed for residential care, as defined by the State of California,which provide supervision of daily activities. (3334-6/97) 5. Residential Alcohol Recovery, General. Facilities providing 24-hour care for more than six persons suffering from alcohol problems, in need of personal services, supervision,protection or assistance. These facilities may include an inebriate reception center as well as facilities for treatment, training, research, and administrative services for program participants and employees. This classification includes only those facilities licensed by the State of California. (3334-6/97) 6. Residential Care, General. Twenty-four-hour non-medical care for seven or more persons, including wards of the juvenile court, in need legisdrft/zoning code/204LD/5/15/02 2 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. (3334-6197) E. Cultural Institutions. Nonprofit institutions displaying or preserving objects of interest in one or more of the arts or sciences. This classification includes libraries, museums, and art galleries. (3334-6197) F. Day Care, Large-Fami1X. Provision of non-medical care for 7 to 12 children on a less than 24-hour basis. (3334-6/97) G. Day Care, General. Provision of 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. (3334-6197) H. Emergency Health Care. Facilities providing emergency medical service with no provision for continuing care on an inpatient basis. (3334-6/97) I. Government Offices. Administrative, clerical, or public contact offices of a government agency, including postal facilities, together with incidental storage and maintenance of vehicles. (3334-6/97) J. Heliports. Pads and facilities enabling takeoffs and landings by helicopter. (3334- 6/97) K. Hospitals. Facilities providing medical, surgical,psychiatric, or emergency medical services to sick or injured persons, primarily on an inpatient basis. This classification includes incidental facilities for out-patient treatment, as well as training, research, and administrative services for patients and employees. (3334-6/97) L. Maintenance and Service Facilities. Facilities providing maintenance and repair services for vehicles and equipment, and materials storage areas. This classification includes corporation yards, equipment service centers, and similar facilities. (3334-6/97) M. Marinas. A boat basin with docks, mooring facilities, supplies and equipment for small boats. (3334-6/97) N. Park and Recreation Facilities. Noncommercial parks,playgrounds, recreation facilities, and open spaces. (3334-6197) O. Public Safety Facilities. Facilities for public safety and emergency services, including police and fire protection. (3334-6197) 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) ]egisdrft/zoning code/204LD/5/15/02 3 R. Utilities,Major. Generating plants, electrical substations, above-ground electrical transmission lines, switching buildings,refuse collection, transfer, recycling or disposal facilities, flood control or drainage facilities,water or wastewater treatment plants, transportation or communications utilities, and similar facilities of public agencies or public utilities. (3334-6/97) S. Utilities, Minor. Utility facilities that are necessary to support legally established uses and involve only minor structures such as electrical distribution lines, underground water and sewer lines, and recycling and collection containers. (3334-6/97) 204.10 Commercial Use Classifications (3334-6/97) 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. (3334-6/97,3378-2/98) 1. Animal Boarding. Provision of shelter and care for small animals on a commercial basis. This classification includes activities such as feeding, exercising, grooming, and incidental medical care, and kennels. (3334-6/97) 2. Animal Grooming. Provision of bathing and trimming services for small animals on a commercial basis. This classification includes boarding for a maximum period of 48 hours. (3334-6/97) 3. Animal Hos ip tals. 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 Savings and Loans. Financial institutions that provide retail banking services to individuals and businesses. This classification includes legisdrft/zoning code/204LD/5/15/02 4 only those institutions engaged in the on-site circulation of cash money. It also includes businesses offering check-cashing facilities. (3334-6/97,3378-2/98) 1. With Drive-up Service. Institutions providing services accessible to persons who remain in their automobiles. (3334-6/97) E. Building Materials and Services. Retailing, wholesaling, or rental of building supplies or equipment. This classification includes lumber yards, tool and equipment sales or rental establishments, and building contractors' yards, but excludes establishments devoted exclusively to retail sales of paint and hardware, and activities classified under Vehicle/Equipment Sales and Services. (3334-6/97,3378-2/98) F. Catering Services. Preparation and delivery of food and beverages for off- site consumption without provision for on-site pickup or consumption. (See also Eating and Drinking Establishments.) (3334-6/97,3378-2/98) G. Commercial Filming. Commercial motion picture or video photography at the same location more than six days per quarter of a calendar year. (See also Chapter 5.54, Commercial Photography) (3334-6/97,3378-2/98) H. Commercial Recreation and Entertainment. Provision of participant or spectator recreation or entertainment. This classification includes theaters, sports stadiums and arenas, amusement parks, bowling alleys,billiard parlors and poolrooms as regulated by Chapter 9.32; dance halls as regulated by Chapter 5.28; ice/roller skating rinks, golf courses,miniature golf courses, scale-model courses, shooting galleries,tennis/racquetball courts, health/fitness clubs, pinball arcades or electronic games centers having more than 4 coin-operated game machines as regulated by Chapter 9.28; card rooms as regulated by Chapter 9.24; and fortune telling as regulated by Chapter 5.72. (3334-6/97,3378-2/98) 1. Limited. Indoor movie theaters, game centers and performing arts theaters and health/fitness clubs occupying less than 2,500 square feet. (3334-6/97) I. Communications Facilities. Broadcasting, recording, and other communication services accomplished through electronic or telephonic mechanisms, but excluding Utilities (Major). This classification includes radio,television, or recording studios;telephone switching centers;. telegraph offices; and eellulaf telephone wireless communication facilities. (3334-6197,3378-2/98) 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) legisdrft/zoning code/204LD/7/19/02 5 2. With Live Entertainment/Dancin . An eating or drinking establishment where dancing and/or live entertainment is allowed. This classification includes nightclubs subject to the requirements of Chapter 5.44 of the Municipal Code. (3334-6/97) K. Food and Beverage Sales. Retail sales of food and beverages for off-site preparation and consumption. Typical uses include groceries, liquor stores, or delicatessens. Establishments at which 20 percent or more of the transactions are sales of prepared food for on-site or take-out consumption shall be classified as Catering Services or Eating and Drinking Establishments. (3334-6/97,3378-2/98) 1. With Alcoholic Beverage Sales. Establishments where more than 10 percent of the floor area is devoted to sales, display and storage of alcoholic beverages. (3334-6/97) L. Food Processing. Establishments primarily engaged in the manufacturing or processing of food or beverages for human consumption and wholesale distribution. (3334-6/97,3378-2/98) M. Funeral and Interment Services. Establishments primarily engaged in the provision of services involving the care, preparation or disposition of human dead other than in cemeteries. Typical uses include crematories, columbariums, mausoleums or mortuaries. (3334-6/97,3378-2/98) N. Horticulture. The raising of fruits, vegetables, flowers, trees, and shrubs as a commercial enterprise. (3334-6/97,3378-2/98) O. Laboratories. Establishments providing medical or dental laboratory services; or establishments with less than 2,000 square feet providing photographic, analytical, or testing services. Other laboratories are classified as Limited Industrv. (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 sail-making lofts. (3334-6/97,3378-2/98) R. Nurseries. Establishments in which all merchandise other than plants is kept within an enclosed building or a fully screened enclosure, and fertilizer of any type is stored and sold in package form only. (3334-6/97,3378-2/98) S. Offices, Business and Professional. Offices of firms or organizations providing professional, executive, management, or administrative services, such as architectural, engineering, graphic design, interior design,real estate, insurance, investment, legal, veterinary, and medical/dental offices. This classification includes medical/dental laboratories incidental to an office use, but excludes banks and savings and loan associations. (3334-6/97,3378-2/98) legisdrft/zoning code/204LD/5/15/02 6 T. Pawn Shops. Establishments engaged in the buying or selling of new or secondhand merchandise and offering loans secured by personal property and subject to Chapter 5.36 of the Municipal Code. (3334-6/97,3378-2/98) U. Personal Enrichment Services. Provision of instructional services or facilities, including photography, fine arts, crafts, dance or music studios, driving schools, business and trade schools, and diet centers,reducing salons, and fitness studios. (3334-6/97,3378-2/98) V. Personal Services. Provision of recurrently needed services of a personal nature. This classification includes barber and beauty shops, seamstresses, tailors, shoe repair shops, dry-cleaning businesses (excluding large-scale bulk cleaning plants),photo-copying, and self-service laundries. (3334-6/97,3378- 2/98) W. Research and Development Services. Establishments primarily engaged in industrial or scientific research, including limited product testing. This classification includes electron research firms or pharmaceutical research laboratories, but excludes manufacturing, except of prototypes, or medical testing and analysis. (3334-6/97,3378-2/98) X. Retail Sales. The retail sale of merchandise not specifically listed under another use classification. This classification includes department stores, drug stores, clothing stores, and furniture stores, and businesses retailing the following goods: toys, hobby materials, handcrafted items,jewelry, cameras, photographic supplies,medical supplies and equipment, electronic equipment, records, sporting goods, surfing boards and equipment, kitchen utensils, hardware, appliances, antiques, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies,bicycles, and new automotive parts and accessories (excluding service and installation). (3334- 6/97,3378-2/98) Y. Secondhand Appliances and Clothing. The retail sale of used appliances and clothing by secondhand dealers who are subject to Chapter 5.36. This classification excludes antique shops primarily engaged in the sale of used furniture and accessories other than appliances,but includes junk shops. (3334-6197,3378-2/98) Z. Sex Oriented Businesses. Establishments as regulated by Chapter 5.70; baths, sauna baths and massage establishments, as regulated by Chapter 5.24; and figure model studios as regulated by Chapter 5.60. (3378-2/98) AA. Swap Meets, Indoor/Flea Markets. An occasional,periodic or regularly scheduled market held within a building where groups of individual vendors offer goods for sale to the public. (3334-6/97) BB. Swap Meets, Recurring. Retail sale or exchange of handcrafted or secondhand merchandise for a maximum period of 32 consecutive hours, conducted by a sponsor on a more than twice yearly basis. (3334-6/97) CC. Tattoo Establishment. Premises used for the business of marking or coloring the skin with tattoos as regulated by Chapter 8.70. (3334-6/97) DD. Travel Services. Establishments providing travel information and reservations to individuals and businesses. This classification excludes car rental agencies. (3334-6/97) legisdrft/zoning code/204LD/5/15/02 7 EE. Vehicle/Equipment Sales and Services. (3334-6/97) 1. Automobile Rentals. Rental of automobiles, including storage and incidental maintenance, but excluding maintenance requiring pneumatic lifts. (3334-6/97) 2. Automobile Washing. Washing, waxing, or cleaning of automobiles or similar light vehicles. (3334-6/97) 3. Commercial 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. 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. (3334-6/97) 7. Vehicle Storage. Storage of operative or inoperative vehicles. This classification includes storage of parking tow-aways, impound yards, and storage lots for automobiles, trucks,buses and recreational vehicles,but does not include vehicle dismantling. (3334-6/97) FF. Visitor Accommodations. (3334-6/97) 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) legisdrft/zoning code/204LD/5/15/02 8 GG. Warehouse and Sales Outlets. Businesses which store large inventories of goods in industrial-style buildings where these goods are not produced on the site but are offered to the public for sale. (3334-6/97) HH. Quasi Residential (3334-6/97) 1. Residential Hotels. Buildings with 6 or more guest rooms without kitchen facilities in individual rooms, or kitchen facilities for the exclusive use of guests, and which are intended for occupancy on a weekly or monthly basis. (3334-6/97) 2. Single Room Occupancy. Buildings designed as a residential hotel consisting of a cluster of guest units providing sleeping and living facilities in which sanitary facilities and cooking facilities are provided within each unit; tenancies are weekly or monthly. (3334-6/97) 3. Time-Share Facilities. A facility in which the purchaser receives the right in perpetuity, for life or for a term of years, to the recurrent exclusive use or occupancy of a lot,parcel, unit or segment of real property, annually or on some other periodic basis for a period of time that has been or will be allocated from the use or occupancy periods into which the plan has been divided. A time-share plan may be coupled with an estate in the real property or it may entail a license or contract and/or membership right of occupancy not coupled with an estate in the real property. (3334-6/97) 204.12 Industrial Use Classifications (3334-6/97) A. Industry, Custom. Establishments primarily engaged in on-site production of goods by hand manufacturing involving the use of hand tools and small-scale equipment. (3334-6/97) 1. Small-scale. Includes mechanical equipment not exceeding 2 horsepower or a single kiln not exceeding 8 kilowatts and the incidental direct sale to consumers of only those goods produced on- site. Typical uses include ceramic studios, candle-making shops, and custom jewelry manufacture. (3334-6/97) B. Industry, General. Manufacturing of products, primarily from extracted or raw materials, or bulk storage and handling of such products and materials. Uses in this classification typically involve a high incidence of truck or rail traffic, and/or outdoor storage of products, materials, equipment, or bulk fuel. This classification includes chemical manufacture or processing, food processing and packaging, laundry and dry cleaning plants, auto dismantling within an enclosed building, stonework and concrete prod-acts manufacture (excluding concrete ready-mix plants), small animal production and processing within an enclosed building, and power generation. (3334-6/97) C. Industry, Limited. Manufacturing of finished parts or products, primarily from previously prepared materials; and provision of industrial services,both within an enclosed building. This classification includes processing, fabrication, assembly, treatment, and packaging, but excludes basic industrial processing from raw materials and Vehicle/Equipment Services, but does allow food processing for human consumption. (3334-6/97) legisdrft/zoning code/204LD/5/15/02 9 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 maybe 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. (3334-6197) 204.14 Accessory Use Classifications (3334-6/97) AccessoKy 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 (3334-6/97) A. Animal Shows. Exhibitions of domestic or large animals for a maximum of seven days. (3334-6/97) B. Festivals, Circuses and Carnivals. Provision of games, eating and drinking facilities, live entertainment, animal exhibitions, or similar activities in a tent or other legisdrft/zoning code/204LD/5/15/02 10 temporary structure for a maximum of seven days. This classification excludes events conducted in a permanent entertainment facility. (3334-6/97) 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 48 consecutive hours no more than once every 3 months. (3334-6/97) G. Seasonal Sales. Retail sales of seasonal products, including Christmas trees, Halloween pumpkins and strawberries. (3334-6/97) H. Street Fairs. Provision of games, eating and drinking facilities, live entertainment, or similar activities not requiring the use of roofed structures. (3334-6/97) 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. TemporM Event. Those temporary activities located within the coastal zone that do not qualify for an exemption pursuant to Section 245.08. (3334- 6/97) K. Tent Event. Allows for the overflow of religious assembly for a period not to exceed 72 consecutive hours and not more than once every 3 months. legisdrft/zoning code/204LD/5/15/02 I 1 ORDINANCE NO. 35 64? LEGISLATIVE DRAFT Chapter 210 Residential Districts 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: (3334-6197) 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 Hijzh 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 1egisdrft/zoning/210LD/5/15/02 1 210.04 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) TV' 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 210 210-2 3/99 legisdrft/zoning/210LD/5/15/02 2 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 P P - (3334-6/97,3410-3/99) 5 - 9 units ZA ZA ZA�+ - (3334-6/97,3410-3/99) 14 or more units PC PC PC - (3334-6197,3410-3/99) 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) (3334-6/97,3410-3/99, 3455-5/00) Public and Semipublic /� 7 (A)(0) (3334-6/97,3410-3/99) Clubs & Lodges PC PC ZA ZA (3334-6/97,3410-3/99) Day Care, Large-family ZA ZA ZA ZA (3334-6/97) 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 (3334-6197,3410-3/99) 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 Horticulture ZA ZA ZA ZA (3410-3/99) Nurseries ZA ZA ZA ZA (3410-3/99) Visitor Accommodations Bed and Breakfast Inns - - L-4 - (3334-6/97,3410-3199) Accessory Uses P/V P/V P/V P/V (A)(G)(H)(I)(L)(M) (333416/97,3410-3/99) Temporary Uses (J)(M) (3334-6/97,3410-3/99) Commercial Filming, Limited P P P P Real Estate Sales TU TU TU P (N) (3334-6/97,3410-3/99) Personal Property Sales P P P P Street Fairs TU TU TU TU Nonconforming Uses (K)(L) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-3 5/00 legisdrft/zoning/210LD/7/24/02 3 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. See Section 230.06: Religious Assembly Yard Requirements. (3334-6/97,3410-3/99) L-4 A conditional use permit from the Planning Commission is required and only allowed on lots 10,000 sq. ft. or greater in RMH-A subdistrict. See also Section 230.42: Bed and Breakfast Inns. (3334-6/97,3410-3/99) L-5 Only wireless communication facilities permitted subject to section 230.96 Wireless Communication Facilities. (A) Any addition or modification subsequent to the original construction that would result in an increase in the amount of building area, or a structural or architectural alteration to the building exterior, shall require an amendment to the previousely approved conditional use permit, if any, or approval of a new conditional use permit. (3334-6/97,3410-3/99) (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. (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, a conditional use permit by the Zoning Administrator is required for the addition of manufactured home space(s) to an existing Manufactured Home Park. (3334-6/97,3410-3/99) (F) See Section 230.16: Manufactured Homes. (G) See Section 230.12: Home Occupation in R Districts. (H) See Section 230.08: Accessory Structures. (I) See Section 230.10: Accessory Dwelling Units. legisdrft/zoning/210LD/5/15/02 4 RL,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. (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. (3455-5100) 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 setbacks shall be measured from ultimate right-of-way and in accordance with the definitions set forth in Chapter 203, Definitions. Any new parcel created pursuant to Title 25, Subdivisions, shall comply with the minimum building site requirements of the district in which the parcel is located unless approved as a part of a Planned Unit Development. Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-5 5/00 1egisdrft/zoning/210LD/5/15/02 5 Property Development Standards for Residential Districts RL RM RMH-A RMH RH RMP Additional Subdistrict Provisions Minimum Building Site 6,000 6,000 2,500 6,000 6,000 10 ac. (A)(B)(C) (3410-3199) Width(ft.) 60 60 25 60 60 N/A (3334-6/97,3410-3/99) Cul de sac frontage 45 45 - 45 45 N/A (3334-6/97,3410-3/99) Minimum Setbacks (D)(R) (3334-6/97,3410.3/99) Front(ft.) 15 15 12 10 10 10 (E)(F) (3334-6/97,34103/99) 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) (3334-6/97,3410-3/99) Rear(ft.) 10 10 7.5 10 10 (I)(J) Accessory Structure (U) (3334-6/97,3410.3/99) Garage (K) (33348/97,34143/99) Projections into Setbacks (L)(R) (3334-6/97,3410-3/99) Maximum Height (ft.) Dwellings 35 35 35 35 35 20 (M) (3334-6/97,3410-3199) 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 - (3334-6197,3410-3/99) 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) (3334-6/97,3410.3/99) Landscaping See Chapter 232 (S) (3334-6/97,3410-3/99) Fences and Walls See Section 230.88 Lighting (T) (3334-6/97,3410-3/99) 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 * Lots 50 feet or less in width= 1 unit per 25 feet of frontage Lots greater than 50 feet in width= 1 unit per 1,900 square feet N/A=Not applicable Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-6 3/99 legisdrft/zoning/210LD/5/15/02 6 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) U� ear-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 � DD 0 � D � OD 0 OD D 0 � 00 210-UPSS.PCX UPPER STORY SETBACK Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-7 3/99 legisdrft/zoning/210LD/5/15/02 7 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 210 210-8 3/99 1egisdrft/zoning/210LD/5/15/02 8 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 property owner. (3334-6/97) (b) A maintenance easement, approved as to form by the City Attorney, shall be recorded between the property owner and the owner of the adjacent lot to which access is required in order to maintain and repair a zero lot line structure. Such easement shall be an irrevocable covenant running with the land. No building permits shall be issued until such recorded maintenance easement has been submitted. (3334-6/97) (c) Separation between the proposed structure and any structure on an adjacent lot shall either be zero or a minimum of 5 feet. (3334-6/97,3410-3/99) (d) No portion of the dwelling or any architectural features shall project over the property line. (3334-6/97) (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 maybe permitted for planned unit development projects subject to approval of a conditional use permit and compliance with Section 210.12 B. (3334-6/97, 3410-3/99) (K) Garage Setbacks. Setbacks for the main dwelling shall apply, except as specifically stated below: (1) Front entry garage - 20 feet (2) Side entry garage - 10 feet (3) Garage with alley access - 5 feet For garages with rear vehicular access from an alley and located on a lot 27 feet wide or less, the side setback adjacent to a street or another alley maybe reduced to 3 feet. A minimum 25 foot turning radius is required from the garage to the opposite side of the street, alley, drive aisle or driveway. (3334-6/97,3410-3/99) (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-9 3/99 Iegisdrft/zoning/210LD/5/15/02 9 RL, RM, RMH,RH, and RMP Districts: Additional Development Standards ATTACHED FRONT ENTRY GARAGE i Property line i iA i i Minimum 20' from i garage to property line Street •_ Sidewalk ._.._.._.._.._.._.._.._.._.._.., i ATTACHED SIDE i ENTRY GARAGE i Property Line i i i i x i Minimum 10' from i garage to property line Min 25' Street ♦_ Sidewalk Radius Property line Alley — Minimum 25' from garage to property line on the other side of the existing alley Minimum 5' from i r9 i garage to property line i 4- Property line i i GARAGE WITH ENTRY FROM REAR ALLEY Sidewalk Street legisdrft/zoning/210LD/5/15/02 10 RL,RM,RMH, RH, and RMP Districts: Additional Development Standards (L) Projections into Setbacks. (1) See Section 230.68: Building Projections into Yards. (2) Balconies and bay windows may project into required setbacks and usable open space areas subject to Section 230.68,provided that balconies have open railings, glass, or architectural details with openings to reduce visible bulk. Balconies composed solely of solid enclosures are not allowed to project into required setbacks. (3334-6/97,3410-3/99) (M) Height Requirements. See Section 230.70 Measurement of Height, and Section 230.72 Exceptions to Height Limits. (1) Single Family Dwellings in all residential districts, except lots in the RMH-A subdistrict with less than 50 feet of frontage shall comply with the following standards: (3334-6/97,3410- 3/99) (a) Second story top plate height shall not exceed twenty-five (25) feet measured from the top of the subfloor/Slab directly below. (3334-6/97,3410-3/99) (b) Roofs shall have a minimum 5/12 pitch if building height exceeds thirty(30) feet. (3334-6/97,3410-3/99) (c) Maximum building height for Main Dwellings shall be thirty-five (35) feet; however, Main Dwellings exceeding thirty(30) feet in height shall require approval of a Conditional Use Permit by the Zoning Administrator. (Note:Not certified by the California Coastal Commission;however, these provisions are in effect and will be enforced by the City of Huntington Beach.)(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 210 210-11 3/99 legisdrft/zoning/210LD/5/15/02 11 Dormers,decks and other architectural features must Habitable Areas are: be setback 5'from • confined within the building exterior roof volume �0 • accessed from within � 7` 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) 1n the front and rear 25 feet of the lot, maximum building height for all structures, including railings and architectural features, shall be 25 feet. Otherwise,maximum building height shall be 35 feet. (3334-6/97,3410-3/99) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-12 3/99 legisdrft/zoning/210LD/5/15/02 12 Front Property j Line \ I I y I I 3 5'maximum 25'maximum height at top height in the of roof front and rear 25' of I 25 the lot 25 I I i I Street Rear j Property 25' 25' Line MAXIMUM BUILDING HEIGHT FOR SINGLE FAMILY DWELLINGS ON LOTS LESS THAN 50 FEET WIDE IN RMH-A SUBDISTRICT (d) Access to any habitable area above the second story top plate line shall be provided within the Main Dwelling and shall be consistent with internal circulation. Exterior stairways between the ground floor and a habitable area above the second story plate line shall be prohibited. (3334-6/97,3410-3/99) Two vertical cross-sections through the property(front-to-back and side-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 210 210-13 4/98 legisdrfdzoning/210LD/5/15/02 13 RL,RM,RMH,RH, and RMP Districts: Additional Development Standards (0) Open Space Requirements. (1) The minimum open space area(private and common) for multi-family residential projects in RM,RMH, including RMH-A subdistrict, and RH Districts shall be 25%of the residential floor area per unit(excluding garages). (3334-6/97,3410-3/99) (2) Private Open Space. (a) Private open space shall be provided in courts or balconies within which a horizontal rectangle has no dimension less than 10 feet for courts and 6 feet for balconies. A minimum patio area of 70 square feet shall be provided within the court. (3334-6/97) (b) The following minimum area shall be provided: Unit Type Minimum Area (Sq.Ft.) Units Above Ground Floor Units Ground Floor Studio/1 bedroom 200 60 2 bedrooms 250 120 3 bedrooms 300 120 4 or more bedrooms 400 120 (3334-6/97) (c) Private open space shall be contiguous to the unit and for the exclusive use of the occupants. Private open space shall not be accessible to any dwelling unit except the unit it serves and shall be physically separated from common areas by a wall or hedge exceeding 42 inches in height. (3334-6/97,3410-3/99) (d) A maximum of 50% of the private open space requirement, may be on open decks above the second story subject to approval of a conditional use permit by the Zoning Administrator or Planning Commission,provided that no portion of such deck exceeds the height limit. (3410-3/99) (3) Common Open Space. (a) Common open space,provided by interior side yards,patios, and terraces, shall be designed so that a horizontal rectangle has no dimension less than 10 feet, shall be open to the sky, and shall not include driveways, parking areas, or area required for front or street side yards. (3334-6/97,3410-3/99) (b) Projects with more than 20 units shall include at least one amenity, such as a clubhouse, swimming pool, tennis court, volleyball court, outdoor cooking facility, or other recreation facility. (3334-6/97, 3410-3/99) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-14 3/99 legisdrft/zoning/210LD/5/15/02 14 RL,RM,RMH,RH, and RMP Districts: Additional Development Standards (4) The Director may allow a reduction in the open space requirement to 10% of the livable area per unit for projects with less than 10 units and located within walking distance of 1,000 feet of a public park or beach. (3334-6/97,3410-3/99) (P) Courts Opposite Windows in RM,RMH, and RH Districts (excluding the RMH-A sub- district). Courts shall be provided in all multi-family projects in the RM, RMH, and RH Districts subject to the following requirements: (3334-6/97,3410-3/99) (1) Courts Opposite Walls on the Same Site: The minimum depth of a court shall be one-half the height of the opposite wall but not less than 20 feet opposite a living room and 14 feet opposite a required window for any other habitable room(see diagrams below). (3334-6/97, 3410-3/99) (2) Courts Opposite Interior Property Line: The minimum distance between a required window of a habitable room and a property line shall be 10 feet. (3334-6/97,3410-3/99) (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 210 210-15 3/99 legisdrft/zoning/210LD/5/15/02 15 RL,RM, RMH, RH, and RMP Districts: Additional Development Standards Section A I Section B I Section C Living room ' window T I I 1/2 Height of ' Opposit wall I 20 ft. I 14 ft. Not less than 10 ft. Living room window I Living room I window I i ItLiving 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 210 210-16 4/98 legisdrft/zoning/210LD/5/15/02 16 RL,RM, RMH, RH, 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) Fencin;. All portions of fencing within the required rear setback area shall comply with Chapter 230.88 and the visibility provisions below. (3334-6/97,3410-3/99) (4) Solariums. Solariums (patio enclosures) may project a maximum of 30 inches over the bulkhead. In all cases, the solarium shall maintain a 45 degree (45°) visibility angle as measured from the main dwelling building line extended to the side property line. The maximum height shall not exceed the top of the first floor ceiling joist. (3334-6/97,3410-3/99) (5) Patio Covers. Patio covers (including eaves)may be permitted to project 5 feet into the rear yard setback, however, construction materials shall allow compliance with visibility provisions below. (3334-6/97,3410-3/99) (6) Visibility. 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 210 210-17 3/99 legisdrft/zoning/210LD/5/15/02 17 RL,RM,RMH,RH, and RMP Districts: Additional Development Standards Bulkhead Solarium Projecting deck 2 1/2' Max. u - - . -- 51 450 45 ■ ■ ■ - 5 ' • min. house min. . Property line 1 qin-ia r:ne 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) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-18 3/99 legisdrft/zoning/210LD/5/15/02 is RL,RM,RMH,RH, and RMP Districts: Additional Development Standards (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) (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 210 210-19 3/99 legisdrft/zoning/21 OLD/5/15/02 19 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. (3334-6/97) 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. (3334-6/97) D. Covenants. The developer shall submit a covenant setting forth a plan or manner of permanent care and maintenance of all common areas and communal facilities. Such covenant shall be included in the Covenant, Conditions, and Restrictions (CC&R's) applying to the property and shall be approved by the City Attorney and Director. The CC&R's shall be approved prior to final or parcel map approval and when approved, shall be recorded in the office of the Orange County Recorder. (3334-6/97) E. Maintenance. The corporation, community association, or limited partnership shall have the responsibility of maintaining the common areas and facilities as shown on the final development plans, the buildings and use of property for plarmed unit development. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-20 3/99 legisdrft/zoning/210LD/5/15/02 20 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&Ws which shall include compulsory membership of all owners of lots and/or dwelling units, and flexibility of assessments to meet changing costs of maintenance,repairs and services. The developer shall submit evidence of compliance with this requirement to and receive approval of the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. (3334-6/97) 210.14 RMP District Supplemental Development Standards This section establishes supplemental standards for the development of manufactured home parks. (3334-6/97) A. Individual space setbacks for manufactured homes and accessory structures shall be landscaped and are as follows: Front minimum 5 feet Side 10 feet aggregate, minimum 3 feet on any side Rear minimum 5 feet (3334-6/97,3410-3/99) B. Each space shall be provided with a minimum 150 cubic feet of enclosed, usable storage space. (3334-6/97,3410-3/99) C. The undercarriage of all manufactured homes shall be screened from view on all sides. (3334-6/97) D. A six foot high concrete or masonry wall shall be provided along all interior property lines of the manufactured home park. In addition, a 20 foot wide landscaped berm or a 10 foot wide landscaped area and a 6 foot high wall shall be located at the minimum front setback line. (3334-6/97,3410-3/99) E. A boat or trailer storage area shall be provided and screened from view by a 6 foot high fence or wall. (3334-6/97,3410-3/99) F. Maximum site coverage for each individual manufactured home space shall be 75%. (3334- 6/97,3410-3/99) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-21 4/98 legisdrft/zoning/210LD/5/15/02 21 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: (3334-6197) 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. (3334-6197,3410-3/99) C. Planning Commission. Projects requiring a conditional use permit from the Planning Commission; see Chapter 241. (3334-6/97,3410-3/99) D. Projects in the Coastal Zone. A Coastal Development Permit is required unless the project is exempt; see Chapter 245. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-22 4/98 legisdrft/zoning/210LD/5/15/02 22 Ordinance No.35(1: g LEGISLATIVE DRAFT Cha' ter 11 + CQmm+e�rc%al Dstric 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 211.04 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. legis drft/zoning/211LD/5/15/02 1 CO CG CV Additional Provisions Residential (J)(Q)(R)(V) (3334-6/97) Group Residential PC PC PC (3334-6/97) Multifamily Residential - - PC (3334-6/97) Public and Semipublic (A)(J)(Q)(R)(V) (3334-6/97) Cemetery - - - Clubs and Lodges ZA ZA - (3334-6/97) Community and Human Services Drug Abuse Centers - PC - Primary Health Care Ll 1 Ll 1 - Emergency Kitchens - L-2 - Emergency Shelters - L-2 - Residential Alcohol Recovery, General - PC - Residential Care, General PC PC - Convalescent Facilities PC PC - Cultural Institutions PC PC PC Day Care, General L-2 L-2 - Day Care, Large-Family P P - (Y) 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 - Schools, Public or Private PC PC Utilities, Major PC PC PC Utilities, Minor P P P (L) (rest of page not used) Iegis drft/zoning/21 I LD/5/15/02 2 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) (3341-10/96) Ambulance Services - ZA - Animal Sales & Services Animal Boarding - ZA - Animal Grooming - P - Animal Hospitals - ZA - Animals: Retail Sales - P - Equestrian Centers - PC - (S) Pet Cemetery - PC - Artists' Studios P P P Banks and Savings & Loans P P P With Drive-Up Service P P P Building Materials and Services - P - Catering Services P P P Commercial Filming P P P (F) Commercial Recreation and - PC PC (D) Entertainment Communication Facilities. P-L-13 P L-13 P-L-13 Eating and Drinking Estab. P 4P P L-4(Y) W/Alcohol ZA ZA ZA (N)(Y) W/Drive Through - ZA ZA W/Live Entertainment ZA ZA ZA (W)(Y) W/Dancing PC PC PC (H) W/Outdoor Dining ZA ZA ZA (X)(Y) Food &Beverage Sales - P L-2 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 legis drft/zoning/211 LD/5/15/02 3 Nurseries - ZA - Offices,Business &Professional P P P (3334-6/97) Pawn Shops - ZA - Personal Enrichment Services L-10 L-10 - (Y) Personal Services P P P Research &Development Services L-1 ZA - Retail Sales - P P (U)(V) (3285-6/95,3334-6/97) Secondhand Appliances/Clothing - P - Swap Meets,Indoor/Flea Markets - PC - (T) Swap Meets,Recurring - ZA - Tattoo Establishments - PC - Travel Services P P P Vehicle Equipment/Sales & Services Automobile Rentals - L-8 L-8 legis drfUzoning/211LD/5/15/02 4 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 (cont) Automobile Washing - L-7 - Commercial Parking - PC PC (P) Service Stations - PC PC (E) Vehicle Equip. Repair - L-5 - Vehicle Equip. Sales &Rentals ZA ZA - L-12 Vehicle Storage - - - Visitor Accommodations Bed &Breakfast Inns PC PC PC (K) Hotels, Motels - PC PC (1) (3334-6/97) Quasi Residential (3334-6/97) Time Shares - PC PC (I)(J) (3334-6/97) Residential Hotel - PC PC (J) Single Room Occupancy - PC PC (J)(0) 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 Temporary Uses (F)(J)(V) (3334-6/97) Animal Shows - TU - Circus, Carnivals and Festivals - TU - Commercial Filming, Limited - P P (M) Real Estate Sales TU TU TU Retail Sales, Outdoor - TU TU (M) Seasonal Sales TU TU TU (M) Tent Event TU Trade Fairs - TU - Nonconforming Uses (G)(J)(V) (3334-6/97) legis drft/zoning/211 LD/5/15/02 5 CO, CG, and CV Districts: Additional Provisions L-1 Permitted if the space is 2,500 square feet or less; allowed with a conditional use permit from the Zoning Administrator if the laboratory space exceeds 2,500 square feet. L-2 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-3 Repealed. (3334-6/97) L-4 Permitted if greater than 300 feet from residential zone or use; if 300 feet or less from residential zone or use limited notification is required (see Y). L-5 Only "limited" facilities are allowed subject to approval of a conditional use permit from the Planning Commission, 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 maximum 7 persons employed full time in processing or treating retail products, limited to those sold on the premises. L-7 Attended facilities allowed with a conditional use permit from the Planning Commission; unattended facilities allowed with a conditional use permit from the Zoning Administrator. L-8 On-site storage limited to two rental cars. L-9 Public facilities permitted,but a conditional use permit from the Zoning Administrator is required for commercial facilities. L-10 Permitted if the space is 2,500 square feet or less; allowed with conditional use permit approval from the Zoning Administrator if space exceeds 2,500 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. L-11 Permitted if the space is 2,500 square feet or less; allowed with a conditional use permit from the Zoning Administrator if the space exceeds 2,500 square feet. L-12 Permitted for existing facilities proposing to expand up to 20%. legis drft/zoning/211LD/5/15/02 6 L-13 For wireless communication facilities see Section 230.96 Wireless Communication Facilities. All other communication facilities permitted. (A) Limited to facilities on sites 2 acres or less. (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, subject to approval of the Planning Commission. (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 is required. Any use other than visitor serving commercial uses shall only be permitted if visitor serving uses are either provided prior to the other use or assured by deed restriction as part of the development. No office or residential uses shall be permitted in any visitor serving designation seaward of Pacific Coast Highway. (3334-6/97) (K) See Section 230.42: Bed and Breakfast Inns. (L) See Section 230.44: Recycling Operations. (M) Subject to approval by the Police Department, Public Works Department, Fire Department and the Director. See also Section 230.86 Seasonal Sales. (N) The following businesses proposing to sell alcoholic beverages for on-site or off-site consumption are exempt from the conditional use permit process: (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. legis drfl/zoning/211LD/5/15/02 7 (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 (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. (X) Outdoor dining that is 400 square feet or less with no alcohol sales shall be permitted without a conditional use permit is required. (Y) Limited notification requirements when no entitlement required. 1. Ten (10)working days prior to submittal for a building permit or certificate of occupancy, applicant shall notice adjacent property owners and tenants by first class mail. 2. Notice of application shall include the following: a. Name of applicant. b. Location of planned development or use, including address. C. Nature of the proposed development shall be fully disclosed in the notice. d. Planning Department phone number and address of City Hall shall be provided in the notice to call for viewing plans. e. The date by which any comments must be received in writing by the Planning Department and City appeal procedures. f. Planning Department shall receive entire list including name and address of those receiving the mailing. 211.08 Review of Plans legis drft/zoning/211LD/5/15/02 8 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: 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. legis drft/zoning/211LD/5/15/02 9 Ordinance No. LEGISLATIVE DRAFT ch, pteltrl Istri�c 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: (3254-10194) 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: Land Use Controls (3254-10/94) In the following schedules, letter designations are used as follows: (3254-10/94) "P" designates use classifications permitted in the I districts. (3254-10/94) "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. (3254-10/94) "P/U" for an accessory use means that the use is permitted on the site of a permitted use,but requires a conditional use permit on the site of a conditional use. (3254-10/94) Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to requirements following the schedule or located elsewhere in this ordinance. Where letters in parentheses are opposite a use classification heading,referenced provisions shall apply to all use classifications under the heading. (3254-10/94) legisdrft/zoning code/212LD/5/15/02 I 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 Q) Public and Semipublic (A)(M) Community and Human Service Facilities PC PC (L) Day Care, General ZA ZA Heliports Maintenance & Service Facilities PC PC (0) Public Safety Facilities P P Religious Assembly L-10 L-10 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 P L-12 P 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) legisdrft/zoning code/212LD/5/15/02 2 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) Personal Services L-1 L-1 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) (3378-2198) 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 (1) Visitor Accommodations PC PC (K) 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 TU U Trade Fairs TU TU (E) Nonconforming Uses (F) )egisdrf/zoning codel212LD15115102 3 IG AND IL Districts: Additional Provisions L-I Only allowed upon approval of a conditional use permit by the Planning Commission for a mixed use project, subject to the following requirements: (3254-10/94) Minimum site area: 3 acres (3254-10/94) Maximum commercial space: 35 percent of the gross floor area and 50 percent of the ground floor area of buildings fronting on an arterial highway. (3254-10194) 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 Planning Commission when designed and oriented for principal use by employees of the surrounding industrial development or when designed for general public use, after considering vehicular access and parking requirements. (3254-10/94) L-3 Allowed 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) 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 Planning Commission. (3254- 10/94) 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 2,500 square feet or less; allowed by conditional use permit approval by the Zoning Administrator if the space is over 2,500 square feet. (3254-10/94) legisdrft/zoning code/212LD/5/15/02 4 IG AND IL Districts: Additional Provisions(continued) L-10 Allowed by conditional use permit approval by the Zoning Administrator for a period of time not to exceed five (5) years. (3254-10/94) 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 Iegisdrft/zoning code/212LD/5/15/02 5 IG AND IL Districts: Additional Provisions(continued) 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: (3378-2/98) 1. Chapter 203,Definitions; Chapter 212, Industrial Districts; Chapter 230, Site Standards; Chapter 231, Off-Street Parking&Loading Provisions; Chapter 232,Landscape Improvements; and Chapter 236,Nonconforming Uses and Structures. (3378-2/98) 2. Chapter 233.08(b), Signs. Signage shall conform to the standards of the Huntington Beach Zoning and Subdivision Ordinance Code except a. that such signs shall contain no suggestive or graphic language, photographs, silhouettes, drawings, statues, monuments, sign shapes or sign projections, or other graphic representations, whether clothed or unclothed, including without limitation representations that depict "specified anatomical areas" or "specified sexual activities"; and (3378- 2/98) b. only the smallest of the signs permitted under Chapter 233.08(b) shall be visible from any major,primary or secondary arterial street, such streets shall be those designated in the Circulation Element of the General Plan adopted May, 1996, with the exception of Argosy Drive. 3. Compliance with Huntington Beach Municipal Code Chapter 5.70. (3378-2/98) D. The Director shall grant or deny the application for a sex oriented business zoning permit for a sex oriented business. There shall be no administrative appeal from the granting or denial of a permit application thereby permitting the applicant to obtain prompt judicial review. (3378-2/98) E. Ten (10)working days prior to submittal of an application for a sex oriented business zoning permit for Staff Review, the applicant shall: (i) cause notice of the application to be printed in a newspaper of general circulation; and (ii) give mailed notice of the application to property owners within one thousand (1000') feet of the proposed location of the sex oriented business; and the City of Huntington Beach,Department of Community Development by first class mail. (3378-2/98) The notice of application shall include the following: (3378-2/98) 1. Name of applicant; (3378-2/98) 2. Location of proposed sex oriented business, including street address (if known) and/or lot and tract number; (3378-2/98) legisdrfUzoning code/212LD/5/15/02 6 IG AND IL Districts: Additional Provisions(continued) 3. Nature of the sex oriented business, including maximum height and square footage of the proposed development; (3378-2/98) 4. The City Hall telephone number for the Department of Community Development to call for viewing plans; (3378-2/98) 5. The date by which any comments must be received in writing by the Department of Community Development. This date shall be ten (10)working days from staff review submittal; and (3378-2/98) 6. The address of the Department of Community Development. (3378-2/98) F. A sex oriented business may not apply for a variance pursuant to Chapter 241 nor a special sign permit pursuant to Chapter 233. (3378-2/98) G. A sex oriented business zoning permit shall become null and void one year after its date of approval unless: (3378-2/98) 1. Construction has commenced or a Certificate of Occupancy has been issued, whichever comes first; or (3378-2/98) 2. The use is established. (3378-2/98) H. The validity of a sex oriented business zoning permit shall not be affected by changes in ownership or proprietorship provided that the new owner or proprietor promptly notifies the Director of the transfer. (3378-2/98) I. A sex oriented business zoning permit shall lapse if the exercise of rights granted by it is discontinued for 12 consecutive months. (3378-2/98) L-12 For wireless communication facilities see section 230.96 Wireless Communication Facilities. All other communication facilities permitted. (A) Limited to facilities on sites of 2 acres or less. (3254-10/94) (B) A conditional use permit from the Zoning Administrator is required for any new use or enlargement of an existing use, or exterior alterations and additions for an existing use located within 150 feet of an R district. The Director may waive this requirement if there is no substantial change in the character of the use which would affect adjacent residential property in an R District. (3254-10/94) (C) Accessory office uses incidental to a primary industrial use are limited to 10 percent of the floor area of the primary industrial use. (3254-10/94) legisdrft/zoning code/212LD/7/19/02 7 IG AND IL Districts: Additional Provisions(continued) (D) Adjunct office and commercial space, not to exceed 25 percent of the floor area of the primary industrial use, is allowed with a conditional use permit from the Zoning Administrator, provided that it is intended primarily to serve employees of the industrial use, no exterior signs advertise the adjunct use,the adjunct use is physically separated from the primary industrial use, any retail sales are limited to goods manufactured on-site, and the primary industrial fronts on an arterial. (3254-10/94) (E) See Section 241.22: Temporary Use Permits. (3254-10/94) (F) See Chapter 236: Nonconforming Uses and Structures. (3254-10/94) (H) Medical/dental offices, insurance brokerage offices, and real estate brokerage offices, except for on-site leasing offices, are not permitted in any I District. (3254-10/94) Administrative, management, regional or headquarters offices for any permitted industrial use, which are not intended to serve the public, require a conditional use permit from the Zoning Administrator to occupy more than 10 percent of the total amount of space on the site of the industrial use. (3254-10/94) (I) 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) See Section 230.46: Single Room Occupancy. (3254-10/94) (L) Limited to Emergency Shelters. (3254-10/94) legisdrft/zoning code/212LD/5/15/02 8 IG AND IL Districts: Additional Provisions(continued) (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. (3254-10/94) (0) See Section 230.40: Helicopter Takeoff and Landing Areas. (3254-10/94) (P) See Section 230.44: Recycling Operations. (3254-10/94) (Q) See Section 230.50: Indoor Swap Meets/Flea Markets (3254-10/94) (R) See L-11(A) relating to locational restrictions. (3254-10/94,3378-2/93) (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) Limited notification requirements when no entitlement required. 1. Ten(10)working days prior to submittal for a building permit or certificate of occupancy, applicant shall notice adjacent property owners and tenants by first class mail. 2. Notice of application shall include the following: a. Name of applicant. b. Location of planned development or use, including address. C. Nature of the proposed development shall be fully disclosed in the notice. d. Planning Department phone number and address of City Hall shall be provided in the notice to call for viewing plans. e. The date by which any comments must be received in writing by the Planning Department and City appeal procedures. f. Planning Department shall receive entire list including name and address of those receiving the mailing. 212.06 IG AND IL Districts: Development Standards (3254-10/94) legisdrft/zoning code/212LD/5/15/02 9 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) Rest of page not used legisdrff/zoning code/212LD/5/15/02 10 Additional IG IL Requirements Residential Development (M) Nonresidential Development Minimum Lot Area(sq. ft.) 20,000 20,000 (A)(B)(N) Minimum Lot Width (ft.) 100 100 (A)(B) Minimum Setbacks (A)(C) Front (ft.) 10;20 10;20 (D) Side (ft.) - 15 (E)(F) Street Side (ft.) 10 10 Rear(ft.) - - (E) Maximum Height of Structures (ft.) 40 40 (G) Maximum Floor Area Ratio (FAR) 0.75 0.75 Minimum Site Landscaping (%) 8 8 (H)(I) Fences and Walls See Section 230.88 Off-Street Parking and Loading See Chapter 231 V) 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) legisdrft/zoning code/212LD/5/15/02 I I IG AND IL Districts: Additional Development Standards (continued) Exception. The Zoning Administrator or Planning Commission may approve a conditional use permit to allow 15-foot interior side yards opposite a zero-side yard on one lot, if an abutting side yard at least 15 feet wide is provided and access easements are recorded ensuring a minimum 30-foot separation between buildings. This 30-foot accessway must be maintained free of obstructions and open to the sky, and no opening for truck loading or unloading shall be permitted in the building face fronting on the accessway unless a 45-foot long striped areas is provided solely for loading and unloading entirely within the building. (3254-10/94) (G) See Section 230.70: Measurement of Height. Within 45 feet of an R district, no building or structure shall exceed a height of 18 feet. (3254-10/94) (H) Planting Areas. Required front and street-side yards adjacent to a public right-of-way shall be planting areas except for necessary drives and walks. A 6-foot wide planting area shall be provided adjacent to an R district and contain one tree for each 25 lineal feet of planting area. (3254-10/94) (I) See Chapter 232: Landscape Improvements. (3254-10/94) (J) Truck or rail loading, dock facilities, and the doors for such facilities shall not be visible from or be located within 45 feet of an R district. (3254-10/94) (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 Community Development Department for review. Discretionary review shall be required as follows: (3254-10/94) A. Zoning Administrator Review. Projects requiring a conditional use permit from the Zoning Administrator; projects including a zero-side yard exception; projects on substandard lots. (3254-10/94) B. Design Review Board. Projects within redevelopment project areas and areas within 500 feet of a PS district; see Chapter 244. (3254-10/94) legisdrft/zoning code/212LD/5/15/02 12 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) legisdrft/zoning code/212LD/5/15/02 13 ,per Q` ORDINANCE NO. 35�_Y LEGISLATIVE DRAFT Chapter 213 (3S: pen space llstrt Sections: 213.02 Open Space District Established 213.04 Applicability 213.06 OS District: Land Use Controls 213.08 OS District: Development Standards 213.10 Review of Plans 213.02 Open Space District Established An Open Space District is established by this Chapter. This district provides areas for public or private use and areas for preservation and enhancement. Three subdistricts have been identified. (3334) Subdistricts of the OS District include: A. OS-PR Open Space -Parks and Recreation Subdistrict. B. OS-S Open Space - Shoreline. C. OS-WR Open Space - Water Recreation Subdistrict. (3334) 213.04 Applicability The OS district shall be the base district for the use classifications listed in Section 213.06 where these classifications have a minimum contiguous site area of 2 acres, including alleys, streets or other rights-of-way. Open-space use classifications on sites of less than 2 acres shall be subject to the provisions of the base and overlay districts in which they are located. 213.06 OS District: Land Use Controls In the following schedule, letter designations are used as follows: "P" designates use classifications permitted in the OS district. "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. Huntington Beach Zoning and Subdivision Ordinance Chapter 213 213-1 5/97 1egisdrft/zoning/213LD/5/15/02 1 "TU" designate use classifications permitted on 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 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. OS DISTRICT P = Permitted LAND USE CONTROLS L = Limited (see Additional Provisions) PC = Conditional use permit approved by Planning Commission ZA = Conditional use permit approved by Zoning Administrator TU = Temporary Use Permit P/U = Requires conditional use permit on site of conditional use = Not Permitted OS-PR OS-S OS-WR Additional Provisions Public and Semipublic (F) Marinas - - PC Park& Recreation Facilities PC PC - Public Safety Facilities - PC - Utilities, Major - - - Utilities, Minor ZA - ZA Commercial Uses (F) Animal Sales and Services Equestrian Centers PC - - (E) Commercial Recreation and Entertainment PC - - Communication Facilities L-4 Eating& Drinking Establishments L1 L1 - With Take-Out Service, Limited L1 L3 - Vehicle/Equipment Sales and Services - Commercial Parking Facility L2 L2 - Accessory Uses (A)(D) Accessory Uses and Structures P/U P/U P/U Temporary Uses (B) Animal Shows TU - - Circuses and Carnivals TU - - Commercial Filming TU TU TU Nonconforming Uses (C) (3334) Huntington Beach Zoning and Subdivision Ordinance Chapter 213 213-2 5/97 1egisdrft/zoning/213LD/7/24/02 2 OS District: Additional Provisions Ll Allowed with a conditional use permit approval by the Zoning Administrator only as an ancillary use that is compatible with and part of a park or recreational facility. Only in the coastal zone overlay district, in public parks in both the Parks and Recreation and the Shoreline Subdistricts, only the following type of eating and drinking establishment shall be permitted: (3334) (a) 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; and persons are not served in vehicles. (3334) L2 Public parking is permitted, but commercial parking facilities on City-owned land require a conditional use permit approval by the Planning Commission. Recreational vehicle overnight parking is limited to 10 percent of available public parking. No encroachment onto sandy beach area shall be permitted. (3334) L3 Beach concession stands for sale of refreshments and sundries (not to exceed 2,500 square feet)must be located a minimum 1,000 feet apart. Beach concession structures shall be located within or immediately adjacent to paved parking or access areas. (3334) L-4 Only wireless communication facilities permitted subject to Section 230.96 Wireless Communication Facilities. (A) Limited to facilities incidental to an open space use. (B) See Section 241.22: Temporary Use Permits. (C) See Chapter 236: Nonconforming Uses and Structures. (D) Private cantilevered decks abutting residential uses; private boat ramps, slips, docks, windscreen and boat hoists in conjunction with adjacent single family dwellings. See Residential Districts and Chapter 17.24. (E) See Section 230.48: Equestrian Centers. (F) The permitted uses for recreation areas on the Huntington Beach mesa shall be limited to low-intensity uses including picnic grounds, arboretums, bird sanctuaries, trails. High- intensity uses such as tennis courts, athletic fields, stables, campgrounds or other commercial or recreation uses shall be conditional only, and shall be located in nodes adjacent to existing developed areas or roads and shall avoid adverse impacts on environmentally sensitive habitats. (3334) Huntington Beach Zoning and Subdivision Ordinance Chapter 213 213-3 5/97 legisdrft/zoning/213LD/5/15/02 3 213.08 OS District: Development Standards The following schedule prescribes development standards for the OS-PR, OS-S and OS-WR subdistricts. The first three columns prescribe basic requirements for permitted and conditional uses in each subdistrict. Letters in parentheses in the "Additional Requirements" column refer to standards following the schedule or located elsewhere in the zoning ordinance. All required setbacks shall be measured from ultimate right-of-way and in accordance with definitions set forth in Chapter 203,Definitions. (3334) OS-PR,OS-S and OS-WR DISTRICTS DEVELOPMENT STANDARDS OS-PR OS-S OS-WR Additional Requirements Nonresidential Development Minimum Lot Area(sq. ft.) 5 ac - - Minimum Lot Width (ft.) 100 - - Minimum Setbacks Front (ft.) - 25 50 - Side (ft.) - 25 - - Street Side (ft.) - 25 - Rear(ft.) - 25 20 - Maximum Height of Structures (ft.) 45 20 - (A)(E) Maximum Lot Coverage (%) 25 - - Minimum Site Landscaping See Chapter 232 (B)(F) Building Design (A)(C) Fences and Walls See Section 230.88 Off-Street Parking/Loading See Chapter 231 Outdoor Facilities See Section 230.74 Screening of Mechanical Equipment See Section 230.76 Refuse Storage Areas See Section 230.78 Underground Utilities See Chapter 17.64 (D) Performance Standards See Section 230.82 Nonconforming Structures See Chapter 236 Signs See Chapter 233 (3334) OS District: Additional Development Standards (A) All development shall be compatible with the established physical scale of the area and shall not encroach on major view corridors. Public visual resources within the coastal zone shall be preserved and enhanced. Maximum height limit for development within the coastal zone in the Open Space Recreation Subdistrict shall be 35 feet. (3334) Huntington Beach Zoning and Subdivision Ordinance Chapter 213 213-4 5/97 1egisdrft/zoning/213LD/5/15/02 4 (B) To the extent feasible, mature trees, shall be protected. Development shall assure maximum protection of native vegetation and sensitive wildlife habitats. (3334) (C) All buildings and structures shall be sited and designed to assure stability and structural integrity for their expected economic life span and to minimize alterations to natural landforms. (D) Underground utilities shall be provided unless underground installation would have a substantial adverse impact on the environment. (E) Facilities necessary for public safety may exceed maximum height. (F) All setback areas along street frontages in OS-PR shall be fully landscaped. 213.10 Review of Plans All applications for new construction and exterior alterations and additions shall be submitted to the Community Development Department for review. Discretionary review shall be required as follows: A. Zoning Administrator Review. Projects requiring a conditional use permit from the Zoning Administrator; projects on substandard lots. B. Design Review Board. Projects within redevelopment project areas, OS-PR and OS-S districts and areas within 500 feet of a PS district; see Chapter 244. C. Planning Commission. Projects requiring a conditional use permit from the Commission. 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 213 213-5 5/97 legisdrft/zoning/213LD/5/15/02 5 Ordinance No. 3,�0 LEGISLATIVE DRAFT PSP bfe Districth er 21 h C Sections: 214.02 Public-Semipublic District Established 214.04 Applicability 214.06 PS District: Land Use Controls 214.08 PS District: Development Standards 214.10 Review of Plans 214.02 Public-Semipublic District Established The PS Public-Semipublic District is established by this chapter. This district provides areas for large public or semipublic uses. The intent of this district in the coastal zone is to implement the Public, Quasi-Public, and Institutional land use designation of the certified Local Coastal Program Land Use Plan. (3334) 214.04 Applicability The PS District shall be the base district for the use classifications listed in Section 214.06 where these have a contiguous site area of 2 acres or more, including alleys, streets, or other rights-of-way. Public-semipublic use classifications on sites of less than 2 acres shall be subject to the provisions of the base and overlay districts in which they are located. 214.06 PS District: Land Use Controls In the following schedule, letter designations are used as follows: "P" designates use classifications permitted in PS districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" which follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "TU" designates use classifications allowed on approval of a temporary use permit. "P/U" for an accessory use mean that the use is permitted on the site of a permitted use but requires a conditional use permit on the site of a conditional use. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the zoning ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. legisdrfr/zoning code/214LD/5/15/02 1 PS DISTRICT: P = Permitted LAND USE CONTROLS L = Limited (see Additional Provisions) PC = Conditional use permit approved by Planning Commission TU = Temporary Use Permit P/U = Requires conditional use permit on site of a conditional use Additional PS Provisions Public and Semipublic Cemetery PC Cultural Institutions PC Day Care, General PC Government Offices L-1 Hospitals PC Maintenance & Service Facilities L-1 Park& Recreation Facilities PC Public Safety Facilities PC Religious Assembly ZA Residential Care, General PC Schools, Public or Private PC Utilities, Major PC Utilities, Minor P Commercial Uses Commercial Parking Facility L-3 Communication Facilities L-4 Eating and Drinking Establishments L-2 Vehicle/Equipment Sales and Services L-1 Accessory Uses Accessory Uses and Structures P/U Temporary Uses (A) Animal Shows TU Circuses and Carnivals TU Commercial Filming, Limited TU Trade Fairs TU Nonconforming Uses (B) legisdrft/zoning code/214LD/7/24/02 2 PS District: Additional Provisions L-1 City-owned facilities are permitted; all other facilities require a conditional use permit from the Planning Commission. L-2 Permitted as an accessory use in a cultural, educational,hospital, or medical institution occupying no more than 5,000 square feet, only if there is no separate entrance or sign. L-3 Public parking permitted,but commercial parking facilities on City-owned land require a conditional use permit from the Planning Commission. L-4 Only wireless communication facilities permitted subject to Section 230.96 Wireless Communication Facilities. (A) See Section 241.20: Temporary Use Permits. (B) See Chapter 236: Nonconforming Uses and Structures. 214.08 PS District: Development Standards The following schedule prescribes development standards for the PS district. The first column prescribes basic requirements for permitted and conditional uses in the district. Letters in parentheses in the "Additional Requirements" column refer to standards following the schedule or located elsewhere in the zoning ordinance. In calculating the maximum gross floor area as defined in Chapter 203, the floor area ratio is calculated on the basis of net site area. Fractional numbers shall be rounded down to the nearest whole number. All required setbacks shall be measured from ultimate right-of-way and in accordance with definitions set forth in Chapter 203 Definitions. (Rest of page not used) legisdrft/zoning code/214LD/5/15/02 3 PS DISTRICT DEVELOPMENT STANDARDS PS Additional Requirements Nonresidential Development (A) Minimum Lot Area 2 ac Minimum Lot Width(ft.) 100 Minimum Setbacks Front (ft.) 10 (B)(C)(M) Side (ft.) (D) Street Side (ft.) 10 (C) Rear(ft.) - (D) Maximum Height of Structures (ft.) 50 (D)(E)(N) (3334) Maximum Floor Area Ratio (FAR) 1.5 Minimum Site Landscaping(%) 8 (F)(G) Building Design Standards (L)(M) Fences and Walls (H)(1) Off-Street Parking/Loading Q) Outdoor Facilities See Section 230.74 (K) Screening of Mechanical Equipment See Section 230.76 (K) Refuse Storage Areas See Section 230.78 Underground Utilities See Chapter 17.64 Performance Standards See Section 230.82 Nonconforming Structures See Chapter 236 Signs See Chapter 233 PS District: Additional Development Standards (A) See Section 230.62: Building Site Required. (B) See Section 230.68: Building Projections into Yards and Required Open Space. Double- frontage lots shall provide front yards on each frontage. (C) A minimum 50-foot setback is required along Beach Boulevard, Edinger Avenue, and Pacific Coast Highway or 25 foot setback with the setback area entirely landscaped. (D) Along a side or rear property line abutting an R district, a 10-foot setback is required, and structures within 45 feet of the district boundary shall not exceed 18 feet in height. (E) See Section 230.70: Measurement of Height and Section 230.72: Exceptions to Height Limits. (F) Planting Areas: legisdrft/zoning code/214LD/5/15/02 4 (1) Required side and rear yards shall be planting areas or shall be enclosed by a solid concrete or masonry wall at least 6 feet in height. (2) A 10-foot wide landscaped strip shall be provided along all street frontages, except for necessary driveways and walks. (G) See Chapter 232: Landscape Improvements. (H) See Section 230.88: Fencing and Yards. (I) A solid masonry or concrete wall at least 6 feet in height shall adjoin the site of an existing ground-floor residential use. However,where the portion of the site within 10 feet of the front property line is occupied by planting area or by a building having no openings except openings opposite a street property line, the Director may grant an exception to this requirement. A wall within 15 feet of a street property line shall not exceed 3.5 feet in height. (J) See Chapter 231: Off-Street Parking and Loading. (K) See Section 230.44 Recycling Operations and Section 230.80: Antennae (L) A front or street side wall surface shall be no longer than 100 feet without a break, a recess or offset measuring at least 20 feet in depth and one-quarter of the building length, or a series of offsets, projections or recesses, at intervals of not more than 40 feet that vary the depth of the building wall by a minimum of 4 feet. The Director may grant exceptions or allow these standards to be modified for exceptional or unique structures subject to Design Review, Chapter 244. (M) On frontages adjacent to major or primary arterials at least 40 percent of a building surface may be located at the minimum setback line if additional landscaping is provided on the site. (N) In the coastal zone, the maximum allowable height of structures shall be reduced as necessary to retain compatibility with the established physical scale of the area and to preserve and enhance public visual resources. (3334) 214.10 Review of Plans All applications for new construction and exterior alterations and additions shall be submitted to the Community Development Department for review. Discretionary review shall be required for projects requiring conditional use permits. Design Review shall be required for all projects except temporary uses. A Coastal Development Permit is required for projects in the Coastal Zone unless the project is exempt (see Chapter 245). legisdrft/zoning code/214LD/5/15/02 5 Ordinance No. �` LEGISLATIVE DRAFT x 4( Sections: 230.02 Applicability Residential Districts 230.04 Front and Corner Side Yards in Developed Areas 230.06 Religious Assembly Yard Requirements 230.08 Accessory Structures 230.10 Accessory Dwelling Units 230.12 Home Occupation in R Districts 230.14 Affordable Housing-Incentives/Density Bonus 230.16 Manufactured Homes 230.18 Subdivision Sales Offices and Model Homes 230.20 Payment of Parkland Dedication In-Lieu Fee 230.22 Residential Infill Lot Developments 230.24 Small Lot Development Standards (3455-5/00) 230.26 (Reserved) 230.28 (Reserved) 230.30 (Reserved) Non-Residential Districts 230.32 Service Stations 230.34 Housing of Goods 230.36 Transportation Demand Management 230.38 Game Centers 230.40 Helicopter Takeoff and Landing Areas 230.42 Bed and Breakfast Inns 230.44 Recycling Operations 230.46 Single Room Occupancy 230.48 Equestrian Centers 230.50 Indoor Swap Meets/Flea Markets 230.52 (Reserved) 230.54 (Reserved) 230.56 (Reserved) 230.58 (Reserved) 230.60 (Reserved) All Districts 230.62 Building Site Required 230.64 Development on Substandard Lots 230.66 Development on Lots Divided by District Boundaries 230.68 Building Projections into Yards and Courts Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-1 5/00 legisdrWzoning code/230LD/7/23/02 1 230.70 Measurement of Height 230.72 Exceptions to Height Limits 230.74 Outdoor Facilities 230.76 Screening of Mechanical Equipment 230.78 Refuse Storage Areas 230.80 Antennae 230.82 Performance Standards for All Uses 230.84 Dedication and Improvements 230.86 Seasonal Sales 230.88 Fencing and Yards 230.90 Contractor Storage Yards/Mulching Operations 230.92 Landfill Disposal Sites 230.94 Carts and Kiosks 230.96 Wireless Communication Facilities 230.02 Applicability This chapter contains supplemental land use and development standards, other than parking and loading, landscaping and sign provisions,that are applicable to sites in all or several districts. These standards shall be applied as specified in Title 21: Base Districts, Title 22: Overlay Districts, and as presented in this chapter. Residential Districts 230.04 Front and Street Side Yards in Developed Areas Where lots comprising 60 percent of the frontage on a blockface in an R district are improved with buildings that do not conform to the front yard requirements,the Planning Commission may adopt by resolution a formula or procedure to modify the front and street side yard setback requirements. The Planning Commission also may modify the required yard depths where lot dimensions and topography justify deviations. Blocks with such special setback requirements shall be delineated on the zoning map. Within the coastal zone any such setback modifications adopted by the Planning Commission shall be consistent with the Local Coastal Program. (3334) 230.06 Religious Assembly Yard Requirements Yards, height and bulk, and buffering requirements shall be as specified by a conditional use permit, provided that the minimum interior side yard and rear yard shall each be 20 feet. Yards adjoining street property lines shall not be less than required for a permitted use. 230.08 Accessory Structures A. Timing. Accessory structures shall not be established or constructed prior to the start of construction of a principal structure on a site, except that construction trailers may be placed on a site at the time site clearance and grading begins and may remain on the site only for the duration of construction. B. Location. Except as provided in this section, accessory structures shall not occupy a required front, side or street side yard or court, or project beyond the front building line of the principal structure on a site. An accessory structure shall be setback 5 feet from the rear property line except no setback is required for accessory structures, excluding garages and carports,which abut an alley.No accessory structures shall be permitted off-site. C. Maximum Height. 15 feet, except a detached garage for a single family dwelling may exceed the maximum height when it is designed to be architecturally compatible with the main dwelling and does not include habitable floor area. legisdrNzoning code/230LD/7/23/02 2 D. Maximum Size in RL District. In an RL district,the total gross floor area of accessory structures more than 4 feet in height that are not attached to a dwelling shall not exceed 600 square feet or 10 percent of lot area, whichever is more. E. Patio Covers. A patio cover open on at least 2 sides and complying with all other provisions of this subsection may be attached to a principal structure provided a 5-foot clearance to all property lines is maintained. F. Decks. A deck 30 inches or less in height may be located in a required yard. G. Separation. The distance between buildings on the same lot shall not be less than 10 feet. 230.10 Accessory Dwelling Units A. Permit Required. Accessory dwellings may be permitted in all R districts on lots with a single family dwelling subject to a conditional use permit issued by the Zoning Administrator. Applications shall be submitted to the Director accompanied by the required fee, plans and elevations showing the proposed accessory dwelling and its relation to the principal dwelling, descriptions of building materials, landscaping and exterior finishes to be used and parking to be provided, and any other information required by the Director to determine whether the proposed unit conforms to all requirements of this code. The Zoning Administrator shall approve a conditional use permit for an accessory dwelling unit after a duly noticed public hearing upon finding that: 1. The dwelling conforms to the design and development standards for accessory dwelling units established in Subsection(C) of this section; 2. The accessory unit maintains the scale of adjoining residences and is compatible with the design of existing dwellings in the vicinity in terms of building materials, colors and exterior finishes; 3. The main dwelling or the accessory dwelling will be owner-occupied; and 4. Public and utility services including emergency access are adequate to serve both dwellings. B. Design and Development Standards. 1. Minimum Lot Size. 6,000 square feet. 2. Maximum Unit Size. The maximum square footage of the accessory dwelling unit shall not exceed 650 square feet and shall not contain more than one bedroom. 3. Required Setbacks. Accessory dwelling units shall comply with minimum setbacks of Chapter 210. 4. Height and Building Coverage. The basic requirements of Chapter 210 shall apply unless modified by an overlay district. 5. Parking. All parking spaces shall comply with Section 231.18D. (3334) 6. Design. The accessory unit shall be attached to the main dwelling unit in such a manner as to create an architecturally unified whole, not resulting in any change to the visible character of the street. The entrance to the accessory unit shall not be visible from the street in front of the main dwelling unit. Building materials, colors and exterior finishes should be substantially the same as those on the existing dwelling. legisdrft/zoning code/230LD/7/23/02 3 C. Ownership. The second unit shall not be sold separately from the main dwelling unit. D. Conditions Recorded. The conditional use permit and conditions of approval shall be filed for record with the County Recorder within 30 days of approval. Evidence of such filing shall be submitted to the Director within 30 days of approval. E. Parkland Dedication In-lieu Fee. A parkland dedication in-lieu fee shall be assessed at 25 percent of the fee for a single family residence as set by resolution of the City Council and paid prior to issuance of the building permit. 230.12 Home Occupation in R Districts A. Permit Required. A home occupation in an R district shall require a Home Occupation Permit, obtained by filing a completed application form with the Director. The Director shall approve the permit upon determining that the proposed home occupation complies with the requirements of this section. B. Contents of Application. An application for a Home Occupation Permit shall contain: 1. The name, street address, and telephone number of the applicant; 2. A complete description of the proposed home occupation, including number and occupation of persons employed or persons retained as independent contractors, amount of floor space occupied, provisions for storage of materials,and number and type of vehicles used. C. Required Conditions. Home occupations shall comply with the following conditions: l. A home occupation shall be conducted entirely within one room in a dwelling.No outdoor storage shall be permitted. Garages shall not be used in connection with such business except to park business vehicles. 2. No one other than a resident of the dwelling shall be employed on-site or report to work at the site in the conduct of a home occupation. This prohibition also applies to independent contractors. 3. There shall be no display of merchandise, projects, operations, signs or name plates of any kind visible from outside the dwelling. The appearance of the dwelling shall not be altered, or shall the business be conducted in a manner to indicate that the dwelling or its premises is used for a non-residential purpose, whether by colors, materials, construction, lighting,windows, signs, sounds or any other means whatsoever. 4. A home occupation shall not increase pedestrian or vehicle traffic in the neighborhood. 5. No commercial vehicle or equipment used in conjunction with the home occupation shall be parked overnight on an adjacent street or in any yard visible from the street. 6. No motor vehicle repair for commercial purposes shall be permitted. 7. A home occupation shall not include an office or salesroom open to visitors, and there shall be no advertising of the address of the home occupation. 8. A conditional use permit shall be issued by the Zoning Administrator when a home occupation involves instruction and/or service, e.g. music lessons, beauty shop, swimming lessons. Where a home occupation involves swimming instruction in an outdoor swimming pool, each swimming class shall be limited to 4 students, and no more than 2 vehicles shall be used to transport students to such classes. legisdrft/zoning code/230LD/7/23/02 4 9. Any authorized City employee may inspect the premises of a home occupation upon 48 hours notice to ascertain compliance with these conditions and any requirements of this code. The permit for a home occupation that is not operated in compliance with these provisions shall be revoked by the Director after 30 days written notice unless the home occupation is altered to comply. 230.14 Affordable Housing Incentives/Density Bonus A. When a developer of a residential property which is zoned and general planned to allow five (5) or more dwelling units proposes to provide affordable housing, he or she may request a density bonus and/or other incentive through a conditional use permit subject to the provisions contained in this section. A density bonus request pursuant to the provisions contained within this section shall not be denied unless the project is denied in its entirety. B. The City may grant incentives to the developer. An incentive includes, but is not limited to, the following: l. A density bonus. 2. A reduction in site development standards or architectural design requirements which exceed the minimum building standards contained within the Uniform Building Code as adopted by the City including, but not limited to, a reduction in setback, lot coverage, floor area ratio,parking and open space requirements. 3. Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located. 4. A reduction in development and/or processing fees. 5. Other regulatory incentives or concessions proposed by the developer or the City which result in identifiable cost reductions. 6. Financial assistance by the City, i.e., housing set-aside funds. 7. Other incentives mutually agreeable to the City and developers consistent with all City, State and Federal laws, rules, standards, regulations and policies. C. Target rents/mortgage payments. l. For the purpose of this section, units designated for moderate income household shall be affordable at a rent or mortgage payment that does not exceed twenty-five percent(25%) of the gross family income. 2. For the purpose of this section, units designated for lower income households shall be affordable at a rent or mortgage payment that does not exceed thirty percent(30%) of sixty percent (60%) of the Orange County median income as defined by the State of California Department of Housing and Community Development. 3. For the purpose of this section, those units designated for very low income households shall be affordable at a rent or mortgage payment that does not exceed thirty percent (30%)of fifty percent(50%) of the Orange County median income as defined by the State of California Department of Housing and Community Development. D. Affordability requirements. legisdrft/zoning code/230LD/7/23/02 5 1. Percentage of affordable units required. To qualify for a density bonus and/or other incentives,the developer of a residential project must agree to one of the following: a. Provide at least twenty percent(20%) of the total units of the housing development for lower income households; or b. Provide at least ten percent(10%) of the total units of the housing development for very low income households; or c. Provide at least fifty percent(50%) of the total units of the housing development for qualifying senior residents. The density bonus shall not be included when determining the number of housing units required to be affordable. Remaining units may be rented, sold, or leased at "market" rates. If a developer is granted a density bonus in excess of twenty-five percent(25%),those additional units above the twenty-five percent(25%) may be required to be maintained affordable for "moderate income" households. 2. Duration of affordability. Units required to be affordable as a result of the granting of a density bonus and other incentives shall remain affordable for thirty(30)years. If the City does not grant at least one concession or incentive pursuant to this chapter in addition to the density bonus, or provides other incentives in lieu of the density bonus, those units required to be affordable shall remain so for ten(10)years. 3. Affordable unit distribution and product mix. Affordable units shall be located throughout the project and shall include a mixture of unit types in the same ratio as provided throughout the project. 4. Affordability agreement. Affordability shall be guaranteed through an "Affordability Agreement" executed between the developer and the City. Said agreement shall be recorded on the subject property with the Orange County Recorder's Office as provided in Section 65915, et seq. of the California Government Code,prior to the issuance of building permits and shall become effective prior to final inspection of the first unit. The subject agreement shall be legally binding and enforceable on the property owner(s) and any subsequent property owner(s) for the duration of the agreement. The agreement shall include, but is not limited to,the following items: a. The number of and duration of the affordability for the affordable units; b. The method in which the developer and the City are to monitor the affordability of the subject affordable units and the eligibility of the tenants or owners of those units over the period of the agreement; c. The method in which vacancies will be marketed and filled; d. A description of the location and unit type (bedrooms, floor area,etc.) of the affordable units within the project; and e. Standards for maximum qualifying household incomes and standards for maximum rents or sales prices. 5. City action. Pursuant to this section the City shall: a. Grant a density bonus and at least one of the concessions or incentives identified in Section 230.18B unless the City makes a written finding that the additional legisdrft/zoning code/230LD/7/23/02 6 concession or incentive is not required in order for rents or mortgage payments to meet the target rates; or b. Provide other incentives of equal value to a density bonus as provided in Section 65915, et seq. of the California Government Code. The value of the other incentives shall be based on the land cost per dwelling unit. E. Procedure. 1. In addition to submitting all documentation required to apply fora conditional use permit, a developer requesting a density bonus or other incentive pursuant to this section shall include the following in the written narrative supporting the application: a. A general description of the proposed project, general plan designation, applicable zoning,maximum possible density permitted under the current zoning and general plan designation and such other information as is necessary and sufficient. The property must be zoned and general planned to allow a minimum of five (5)units to qualify for a density bonus. b. A calculation of the density bonus allowed. c. In the case that the developer requests the City to modify development standards as another incentive, a statement providing a detailed explanation as to how the requested incentive will enable the developer to provide housing at the target rents or mortgage payments. Modification of development standards will be granted only to the extent necessary to achieve the housing affordability goals set forth herein. d. A statement detailing the number of density bonus units being proposed over and above the number of units normally permitted by the applicable zoning and general plan designations. 2. All subsequent City review of and action on the applicant's proposal for a density bonus and/or consideration of any requested other incentives shall occur in a manner concurrent with the processing of the conditional use permit and any other required entitlements, if any. If the developer proposes that the project not be subject to impact fees or other fees regularly imposed on a development of the same type, final approval will be by the City Council. 3. The Planning Commission/City Council shall review the subject Affordability Agreement concurrently with the development proposal. No project shall be deemed approved until the Affordability Agreement has been approved by the appropriate reviewing body. 4. The Planning Commission/City Council may place reasonable conditions on the granting of the density bonus and any other incentives as proposed by the applicant. However, such conditions must not have the effect, individually or cumulatively, of impairing the objective of California Government Code Section 65915 et seq., and this section, of providing affordable housing for qualifying residents, lower or very low income households in residential projects. 5. A monitoring fee, as established by resolution of the City Council, shall be paid by the applicant to the City prior to issuance of a certificate of occupancy for the first unit. This fee shall be in addition to any other fees required for the processing of the conditional use permit, environmental analysis, and/or any other entitlements required. F. Required findings for approval 1. Density bonus. In granting a conditional use permit for a density bonus, the Planning Commission/City Council shall make all of the following findings: legisdrWzoning code/230LD/7/23/02 7 a. The proposed project, which includes a density bonus, can be adequately serviced by the City and County water, sewer, and storm drain systems without significantly impacting the overall service or system. b. The proposed project, which includes a density bonus, will not have a significant adverse impact on traffic volumes and road capacities, school enrollments, or recreational resources. c. The proposed project which includes a density bonus is compatible with the physical character of the surrounding area. d. The proposed project which includes a density bonus is consistent with the overall intent of the General Plan. e. If located within the coastal zone,the proposed project which includes a density bonus will not result in the fill, dredge, or diking of a wetlands. (3334) 2. Other incentives. A request for an additional incentive shall not be denied by the Planning Commission or City Council unless a finding is made that the incentive is not necessary to the establishment of affordable units. In granting any other incentives as defined in this section,the Planning Commission/City Council shall be required to make all of the following findings: a. The granting of the proposed other incentive(s)will not have an adverse impact on the physical character of the surrounding area. b. The granting of the proposed other incentive(s) is consistent with the overall intent of the General Plan. c. The granting of the proposed other incentive(s) will not be detrimental to the general health, welfare, and safety of persons working or residing in the vicinity. d. The granting of the proposed other incentive(s)will not be injurious to property or improvements in the vicinity. e. The granting of the proposed other incentive(s)will not impose an undue financial hardship on the City. f. If the other incentive is a modification of development standards, the granting of the other incentive is necessary to achieve the target affordable rents/mortgage payments for the affordable units. g. The granting of the proposed other incentive will not result in the filling or dredging of wetlands. (3334) 230.16 Manufactured Homes A. General Requirements. Manufactured homes may be used for residential purposes if such manufactured home conforms to the requirements of this section and is located in an R district. Manufactured homes also may be used for temporary uses, subject to the requirements of a temporary use permit issued under Chapter 241. B. Location and Design Requirements. Manufactured homes may be located in any R district where a single family detached dwelling is permitted, subject to the same restrictions on density and to the same property development standards,provided that such manufactured home meets the design and locational criteria of this subsection. These criteria are intended legisdrft/zoning code/230LD/7/23/02 8 to protect neighborhood integrity,provide for harmonious relationship between manufactured homes and surrounding uses, and minimize problems that could occur as a result of locating manufactured homes on residential lots. 1. Location Criteria: Manufactured homes shall not be allowed: a. On substandard lots that do not meet the dimensional standards of Chapter 210; b. As a second or additional unit on an already developed lot; or c. As an accessory building or use on an already developed lot. 2. Design Criteria: Manufactured homes shall be compatible in design and appearance with residential structures in the vicinity and shall meet the following standards: a. Each manufactured house must be at least 16 feet wide; b. It must be built on a permanent foundation approved by the Building Official; c. It must have been constructed after June 1, 1979, and must be certified under the National Manufactured Home Construction and Safety Act of 1974; d. The unit's skirting must extend to the finished grade; e. Exterior siding must be compatible with adjacent residential structures, and shiny or metallic finishes are prohibited; f. The roof must have a pitch of not fewer than 2 inches vertical rise per 12 inches horizontal distance, with eave overhangs a minimum of 12 inches; g. The roof must be of concrete or asphalt tile, shakes or shingles complying with the most recent editions of the Uniform Building Code fire rating approved in the City of Huntington Beach; h. The floor must be no higher than 20 inches above the exterior finished grade; and i. Required enclosed parking shall be compatible with the manufactured home design and with other buildings in the area. C. Cancellation of State Registration. Whenever a manufactured home is installed on a permanent foundation, any registration of said manufactured home with the State of California shall be canceled,pursuant to state laws and standards. Before occupancy,the owner shall provide to the Director satisfactory evidence showing: that the state registration of the manufactured house has been or will, with certainty, be canceled; if the manufactured house is new and has never been registered with the state, the owner shall provide the Director with a statement to that effect from the dealer selling the home. 230.18 Subdivision Sales Offices and Model Homes Subdivision sales offices and model homes in conjunction with an approved subdivision is permitted with the following requirements. A. The office shall be discontinued within 30 days following sale of the last on-site unit. A cash bond shall be posted with the City in the amount of$1,000 for the sales office and $1,000 for each model home to guarantee compliance with the provisions of this code. legisdrWzoning code/230LD/7/23/02 9 B. The developer or contractor shall furnish a site plan showing the placement of the sales office and all model signs,parking signs, directional signs,temporary structures,parking and landscaping. C. No sales office shall be converted or expanded into a general business office for the contractor or developer. 230.20 Payment of Parkland Dedication In-Lieu Fee All single family and multi-family housing projects,mobile home parks, and any other residential units not covered by Chapter 254 of Title 25, Subdivision Ordinance. These developments shall pay a park in-lieu fee in accordance with the requirements of Chapter 254. The fees shall be calculated according to a schedule adopted by City Council resolution and shall be paid at the time a building permit is issued. 230.22 Residential Infill Lot Developments The following Residential Infill requirements are intended to minimize impacts on contiguous developed single family residential property and provide standards that insure compatibility and appropriate design for projects located within existing residential neighborhoods, unless to do so would contravene the terms of an existing Development Agreement. (3301-11/95) Infill development site plans and building design shall be harmonious and compatible with streets, driveways, property lines, and surrounding neighborhood. Compatibility considerations should include, but not be limited to, lot size, lot frontages,building layout, building configuration and design, building materials,product type, grade height and building height relative to existing dwellings, and visual intrusion concerns. The Director of Community Development shall cause all requests for plan check and issuance of building permits for residential infill lot development to be reviewed in accordance with these requirements.(3301-11/95) A. Privacy Design Standards. I. New residences shall off-set windows from those on existing residences to insure maximum privacy. The use of translucent glass or similar material, shall be used for all bathroom windows facing existing residences. Consider locating windows high on elevations to allow light and ventilation, and insure privacy. (3301-11/95) 2. Minimize the canyon effect between houses by clipping roof elevations on side yards. Provide roof line variations throughout a multi-dwelling infill development.(3301-11/95) 3. Provide architectural features (projections, off-sets)to break up massing and bulk. 4. Upper story balconies shall be oriented toward the infill house's front or rear yard areas, a public street or permanent open space. (3301-11/95) B. Noise Considerations. (3301-11/95) 1. Swimming pool/hot tub equipment, air conditioning equipment, and other permanently installed motor driven equipment shall be located to minimize noise impacts on contiguous residences. (3301-11/95) C. Pad Height. (3301-11/95) 1. Pad height for new construction shall match to the extent feasible pad heights of contiguous residences. Any property owner/developer who intends to add fill above the height of the existing contiguous grades shall demonstrate to the Community Development Director and the City Engineer that the additional fill is not detrimental to surrounding properties in terms of compatibility and drainage issues. (3301-11/95) legisdrft/zoning code/230LD/7/23/02 10 D. Public Notification Requirements. 1. Ten(10)working days prior to submittal for plan check(plan review)the applicant shall give notice of the application to adjacent property owners and the City of Huntington Beach, Department of Community Development by first class mail. The notice of application shall include the following: (3301-11/95) a. Name of applicant; b. Location of planned development, including street address (if known)and/or lot and tract number; (3301-11/95) c. Nature of the planned development, including maximum height and square footage of each proposed infill dwelling unit; (3301-11/95) d. The City Hall telephone number for the Department of Community Development to call for viewing plans; e. The date by which any comments must be received in writing by the Department of Community Development. This date shall be ten(10) working days from plan check (plan review) submittal; and f. The address of the Department of Community Development. 2. The applicant shall submit a copy of each notice mailed and proof of mailing of the notice(s)when submitting the application for plan check(plan review). The adjacent property owners shall have ten(10) working days from plan check(plan review) submittal to provide comments regarding the application to the Director of Community Development. All decisions of the Director regarding the application shall be final. (3301-11/95) 230.24 Small Lot Development Standards A. Permitted Uses. The following small lot development standards are provided as an alternative to attached housing in multi-family districts. Small lot developments are permitted in RM,RMH, and RH Districts (excluding RL Districts and RMH-A Subdistricts) subject to approval of a Conditional Use Permit and Tentative Map by the Planning Commission. The Design Review Board shall review and forward recommendations on all small lot development proposals prior to Planning Commission action. These standards shall apply to all small lot subdivisions, whether the tentative map is designed with single units per lot, or multiple units per lot(condominium). B. Design standards. The following standards shall be considered by the Planning Commission prior to development approval: 1. Architectural features and general appearance of the proposed development shall enhance the orderly and harmonious development of the area or the community as a whole. 2. Architectural features and complementary colors shall be incorporated into the design of all exterior surfaces of the building in order to create an aesthetically pleasing project. 3. All vehicular access ways shall be designed with landscaping and building variation to eliminate an alley-like appearance. legisdrR/zoning code/230LD/7/23/02 11 C. Development Standards. The following standards shall apply to all small lot developments: Minimum Building Site or Lot Size 3,100 sq. ft. (3,400 sq. ft. avg.) Minimum Lot Frontage 40 ft. Cul de sac and knuckle 30 ft. Maximum Height Dwellings 30 ft.; max. 2 stories except 3rd level permitted<500 sq. ft. Min. 5/12 roof pitch No decks above the second story Accessory Structures 15 ft. Minimum Setbacks Front Dwelling 15 ft. +offsets in front fagade Covered Porches (unenclosed) 10 ft. Garage 18 ft Upper Story Upper story setback shall be varied Side 8 ft. aggregate,min. 3 ft. 0 ft. permitted with min. 8 ft. on other side Street Side 10 ft.; includes min. 4 ft. landscape lettered lot (6 ft. between bldg. and prop. line) Rear Dwelling 15 ft.; 50% of bldg. width may be at 13 ft. Garage 3 ft.; 0 ft. if garage is designed to back to another garage Maximum Lot Coverage 50%+ 5%for covered porches, patio covers, balconies. Maximum Floor Area Ratio (FAR) 0.7 Minimum Interior Garage Min. 400 sq. ft.; Dimension(width x depth) min. 18 ft. wide Minimum Building Separation to 6 ft. Accessory Building Open Space Common recreational area Projects of 20 units or more: (project) 150 sq. ft./unit; min. 5,000 sq. ft.;min. 50 ft. dimension. Proiects less than 20 units: Min. 600 sq. ft. private and/or common per unit. Private open space excludes side and front yard setback areas. Common open space requires min. 10 ft. dimension. Required Parking Small lot developments shall provide parking consistent with single family residential developments specified in Chapter 231. In addition, minimum 1 on-street space per unit for guest/visitor parking shall be provided. legisdrft/zoning code/230LD/7/23/02 12 A parking plan depicting the location of all parking spaces shall be submitted with the conditional use permit application. Street Sections Streets The city shall review proposed street sections upon submittal of the tentative map and conditional use permit applications. Min. 36 ft. curb to curb may be permitted provided all units in the development are equipped with automatic sprinkler systems—On-street parking shall be provided on both sides of the street. Sidewalks/Parkways Sidewalks shall be provided on both sides of the street. Min. 6 ft. landscape parkways may be provided on both sides of the street. Sidewalk widths shall be designed to Public Works Standards. Walls and Fences Block walls required; may allow wrought iron element where appropriate Landscaping Tree wells adjacent to landscape parkways on the street side of curb is encouraged, however shall not encroach into the min. 24 foot wide drive aisle. Also see Chapter 232 Landscaping 230.26(Reserved) 230.28 (Reserved) 230.30 (Reserved) Non-Residential Districts 230.32 Service Stations The following supplemental development standards shall apply to the Service Station use classification. A. Minimum parcel size. 22,500 square feet. B. Minimum frontage. 150 feet and located at the intersection of arterial highways. C. Site Layout. Conditions of approval of a conditional use permit may impose restrictions on outdoor storage and display and location of pump islands, canopies and service bay openings and require buffering, screening, lighting, or planting areas necessary to avoid adverse impacts on properties in the surrounding area. D. Design standards. 1. In reviewing proposals, emphasis shall be placed on quality design of building materials and landscape features. Service stations shall be designed so that form and scale are harmonious and consistent with the character of the specific site,the adjacent uses and structures, and the general neighborhood. legisdrWzoning code/230LD/7/23/02 13 2. The location, number, and design of driveways as well as on and off-site traffic circulation impacts shall be analyzed. 3. Service bay openings shall be designed to minimize the visual intrusion on surrounding streets and properties. A maximum of 3 service bays shall be permitted per site,none of which shall face a public right-of-way. 4. Lighting shall be of low profile design, indirect or diffused,and shall create no negative impact on surrounding uses. 5. A minimum 10 percent of the site shall be landscaped. Landscaping plans shall conform to all applicable provisions of Chapter 232 as well as conform to the following requirements: a. A 3 foot-wide planter(inside dimension)along interior property lines shall be provided, except at vehicular circulation openings. Additional landscaping may be required to screen service bays from surrounding properties. b. A 600 square-foot planter with a minimum dimension of 20 feet shall be provided at the corner of intersecting streets. c. A total of 70 square feet of planting area shall be located adjacent to and on the street side of the main building. 6. Buildings shall conform to the setback regulations stated for the district in which the site is located. Pump islands and canopy structures shall maintain the following minimum setbacks from street side property lines: Pump island: 20 feet Canopy: 10 feet with ground clearance of 12 feet E. Storage of Materials and Equipment. The provisions of Section 230.74, Outdoor Facilities, shall apply, except that a display rack for automobile products no more than 4 feet wide may be maintained at each pump island of a service station and a single tire storage display no more than 8 feet high and 16 feet long may be located on the site of a service station. If display racks are not located on pump islands, they shall be placed within 3 feet of the principal building, and shall be limited to 1 per street frontage. Outside storage of motor vehicles for more than 24 hours (7 days if the vehicle is actively being serviced) is prohibited, except as provided for truck and utility trailer rentals. The location of display racks and vending machines shall be specified by the conditional use permit. F. Accessory Uses. The accessory uses listed below shall be permitted as included on the approved site plan. Such uses shall be subordinate to the main operation and shall not impede safe vehicular and pedestrian circulation or be detrimental to surrounding properties or potential customers. Such uses shall be included as part of the original conditional use permit request or shall be subject to a new conditional use permit if proposed subsequent to the original conditional use permit. 1. Convenience markets are permitted provided no automotive repair or truck or trailer rental is permitted on the same site. 2. Automatic washing, cleaning and waxing of vehicles. Such activity shall be of an integral design with the main structure. 3. Truck and utility truck rental is permitted provided the trucks do not exceed 25 feet in length and are stored a minimum of 50 feet from the street property lines. legisdrfbzoning code/230LD/7/23/02 14 230.34 Housing of Goods All goods,wares,merchandise,produce, and other commodities which are stored or offered for sale or exchange in the commercial and industrial districts shall be housed in permanent buildings except as otherwise provided by this code. 230.36 Transportation Demand Management A. Purpose and intent. It is the purpose and intent to implement the requirements of Government Code Section 65089.3(a)(2), to mitigate the impacts that development projects may have on transportation mobility, congestion and air quality, and to promote transportation demand management strategies. B. Definitions. For purposes of this Section, the following definitions for the following terms shall apply: 1. Alternative transportation mode: Any mode of travel that serves as an alternative to the single occupant vehicle. This can include all forms of ridesharing, public transit, bicycling or walking. 2. C ool: Two (2)to six (6)persons traveling together in a single vehicle. 3. Employee: Means any person employed by a firm,person(s), business, educational institution,non-profit agency or corporation, government agency, or other entity which employs 100 or more persons at a single worksite. "Employee" shall include persons employed on a full-time,part-time, or temporary basis. 4. Employer: Means any person(s), firm, business,educational institution, government agency, non-profit agency or corporation, or other entity which employs or houses tenants that collectively employ 100 or more employees at a worksite on a full and/or part-time/temporary basis. 5. Building Size: Means the total gross floor area measured in square feet of a building or group of buildings at a worksite. Includes the total floor area of both new development and existing facilities. 6. Mixed-Use Development: Means new development projects that integrate any one of these land uses with another: residential, office, commercial, industrial and business park. 7. Tenant: Means the lessee of facility space at a development project who may also serve as an employer. 8. Transportation Demand Management(TDM): Means the implementation of programs, plans or policies designed to encourage changes in individual travel behavior. TDM can include an emphasis on alternative travel modes to the single occupant vehicle (SOV) such as carpools, vanpools and transit; and reduction of VMT and the number of vehicle trips. 9. Vanpool: Means a vehicle occupied by seven (7) or more persons traveling together. 10. Worksite: Means a building or group of buildings which are under common ownership and the place of employment, base of operation, or predominate location of an employee or group of employees. C. Applicability: legisdrft/zoning code/230LD/7/23/02 15 1. These provisions apply to commercial, industrial, institutional, or other uses which are determined to employ 100 or more persons, as determined by the employee generation factors specified under subsection'4. This includes any permit for existing facilities that already have 100 or more employees or will have 100 or more employees. 2. These provisions apply to all districts, planned communities and specific plan areas including those covered by development agreements. These provisions shall supersede other ordinances with which there is a conflict. 3. Notwithstanding "1" above,the following uses and activities shall be specifically exempt from the provisions of this section: a. Temporary construction activities on any affected project, including activities performed by engineers, architects, contract subcontractors and construction workers. b. Other temporary use classifications or as authorized by the Planning Commission /Zoning Administrator when such temporary activities are for a period not to exceed 30 days and held no more than once a year. 4. Employee generation factors shall be based on one of the following: a. Employment projections developed by the property owner, subject to approval by the Director; b. Building sizes shall be considered equivalent to the 100 employee threshold as follows: Building Size (in square feet) Type of Use Equivalent to 100 Employ Office/Professional 35,000 Hospital and Medical/Dental 40,000 Industrial (excluding Warehouses) 50,000 Commercial/Retail 50,000 Hotel 0.8 employees/hotel room Motel 1.2 Resort Hotel 100,000 Mixed or multiple use Warehouse 100,000 * The employment projection for a development of mixed or multiple uses shall be calculated on a case-by-case basis based upon the proportion of development devoted to each type of use. D. Site development standards: Development projects subject to this section shall comply with the following site development standards: 1. Parking for Carpool Vehicles a. The following percentages of the total required parking spaces per Chapter 231 shall be reserved and designated for employee carpool vehicles by making such spaces "Carpool Only": Percent of Total Parking Devoted to Type of Use Employee Carpool Parking Office Professional 13% Hospital and Medical/Dental Office 9% Industrial/Warehouse 14% Commercial/Retail 5% Hotel space for every 2 employees legisdrWzoning code/230LD/7/23/02 16 b. Carpool spaces shall be located near the building's identified employee entrance(s) or at other preferential locations within the employee parking areas as approved by the Director. 2. Shower and Locker Facilities Shower and locker facilities shall be provided for use by employees or tenants who commute to the site by bicycle or walking. The use of such facilities shall be provided at no cost to the user. The design of such facilities shall be shown on the plot plans in the permit application and conform to the following: a. Lockers shall be provided at a minimum ratio of 1 for every 20 employees. b. Separate shower facilities shall be provided at a minimum rate of 2 per 100 employees. 3. Bicycle Parking a. Bicycle parking facilities shall be provided at the minimum rate of 1 bicycle parking space for every 20 employees or fraction thereof, in a secure location, and in close proximity to employee entrances, for use by employees or tenants who commute to the site by bicycle. b. A bicycle parking facility shall be a stationary object to which the user can lock the bicycle frame and both wheels with a user-provided six (6)foot cable and lock. 4. Commuter Information Areas A commuter information area shall be provided to offer employees appropriate information on alternative transportation modes. This area shall be centrally located and accessible to all employees or tenants and shall be sufficient size to accommodate such information on alternative transportation modes. 5. Passenger Loading Areas Unless determined unnecessary by the decision-maker,per Title 24,passenger loading areas to embark and disembark passengers from rideshare vehicles and public transportation shall be provided as follows: a. Passenger loading area shall be large enough to accommodate the number of waiting vehicles equivalent to 1% of the required parking for the project. b. The passenger loading areas shall be located as close as possible to the identified employee entrance(s), and shall be designed in a manner that does not impede vehicular circulation in the parking area or in adjoining streets. 6. Parking for Vanpool Vehicles Unless determined unnecessary by the decision-maker, per Title 24,parking for vanpool vehicles shall be provided as follows: a. The number of vanpool parking spaces shall be at least 1%of the employee carpool parking spaces and reserved for such by marking the spaces "Vanpool Only." b. For parking structures,vanpool vehicle accessibility shall include minimum T 2" vertical clearance. legisdrR/zoning code/230LD/7/23/02 17 c. Vanpool parking spaces shall be located near identified employee entrance(s) or other preferential locations. 7. Bus Stops Unless determined unnecessary by the decision-maker,per Title 24,bus shelter,pullouts, and pads shall be provided as necessary in consultation with affected transit service providers. 230.38 Game Centers The following supplemental requirements shall apply to the operation of game centers, including mechanical or electronic games or any other similar machine or device, in order to control the location and hours of operation of game centers so as not to allow schoolchildren to play the games during school hours or to encourage minors to congregate in areas close to commercial establishments that sell alcoholic beverages. A. Conditional Use Permit Required. Applicants desiring a permit for the purpose of operating a game center as a business in a C district must obtain a conditional use permit from the Zoning Administrator. The permit is valid only for the number of games specified;the installation or use of additional games requires a new or amended permit. B. Adult Manager. At least one adult manager shall be on the premises during the time a game center is open to the public. C. Hours of Operation for Minors under 18 Years of Agee. No game center owners, manager or employees shall allow a minor under 18 years of age to play a mechanical or electronic game machine during the hours the public schools of the district in which the center is located are in session, or after 9 p.m. on nights preceding school days, or after 10 p.m. on any night. It is the responsibility of the owner or manager of the game center to obtain a-current schedule of school days and hours. D. Locational Criteria. A game center shall not be permitted within 2,500 feet of a school site, 300 feet of the boundary of a residential district, or within 500 feet of a liquor store, a nightclub, cocktail lounge or bar. The distance shall be measured as walking distance from the game center to the property line of the school site,the district boundary, or the property line of the liquor store, nightclubs, cocktail lounge, or bar, as the case may be. E. Restrictions. The Zoning Administrator may impose reasonable restrictions on the physical design, location, and operation of a game center and require a special bicycle parking area in order to minimize the effects of noise, congregation,parking, and other nuisance factors that may be detrimental to the public health, safety and welfare of the surrounding community. 230.40 Helicopter Takeoff and Landing Areas A. Permit Required. A conditional use permit may be issued for the construction and operation of a heliport, helipad, or helistop if the Planning Commission finds that: 1. The helipad, heliport, or helistop conforms to the locational criteria and standards established in Subsections(B) and(C)of this section, and the requirements of the California Department of Transportation, Division of Aeronautics; 2. The heliport, helipad, or helistop is compatible with the surrounding environment; and 3. The proposed operation of the helicopter facility does not pose a threat to public health, safety or welfare. legisdrft/zoning code/230LD/7/23/02 18 The Commission may impose conditions of approval on the conditional use permit to prevent adverse impacts on surrounding properties. If such impacts can not be mitigated to an acceptable level,the conditional use permit application shall be denied. B. Locational Criteria. l. Minimum Separation. Minimum separation between heliports,helipads, and helistops shall be 1.5 miles, except for facilities specifically intended for emergency use, such as medical evacuation or police functions, and temporary landing sites. 2. Protected Areas. No heliport, helipad, or helistop shall be located within 1,000 feet of an R district or the site of a public or private school, except for heliports or helistops specifically intended only for emergency or police use. Temporary landing sites within 1,000 feet of a public or private school may be allowed with a temporary use permit subject to approval of the California Department of Transportation. C. Site Development Standards. 1. Approach and departure paths 65 feet wide shall be free of obstruction for a minimum distance of 400 feet. 2. Setbacks from property lines shall be as follows: a. Takeoff and landing area- 50 feet; b. Helicopter maintenance facilities - 25 feet; c. Administrative or operations building - 15 feet. 3. Any lighting used for nighttime operations shall be directed away from adjacent properties and public rights-of-way. 4. A telephone shall be provided on or adjacent to the heliport, helipad or helistop. 5. Helipads or helistops intended for emergency use shall have a landing pad with a standard landing area designated and the words "Emergency Only." The initial direction of the departure routes shall be indicated on the takeoff and landing area. F. Application Requirements. The following additional information shall be submitted with a conditional use permit application: 1. An area map, at a scale of 1" = 800' showing existing land use within a two-mile radius of the facility site and the proposed flight paths. 2. A plot plan of the site and vicinity, including all land within a 400-foot radius of the takeoff and landing area,that shows clearly the height of the takeoff and landing area; the height of existing, approved and proposed structures and trees within 50 feet of the approach and takeoff flight paths; and the maximum allowable building height under existing zoning. 3. A description of the proposed operations, including the type of use,names and descriptions of helicopters expected to use the facility, and anticipated number and timing of daily flights. . 4. A helicopter noise study including a map of the approach and departure flight paths at a scale of 1" = 800' showing existing day/night average noise levels in decibels (LDN noise contours), future day/night average noise levels with the proposed facility and anticipated legisdrft/zoning code/230LD/7/23/02 19 Right operations, and single-event maximum sound levels associated with the types of helicopters expected to use the facility. 230.42 Bed and Breakfast Inns A. Permit Required. The Planning Commission may approve a conditional use permit for a bed and breakfast inn in any C District and RMH-A District after a duly noticed public hearing upon finding that: 1. The bed and breakfast inn will be operated by a property owner living on the premises; 2. The bed and breakfast inn conforms to the design and development standards of Subsection(B) of this section and is compatible with adjacent buildings in terms of building materials, colors and exterior finishes; and 3. Public and utility services, including emergency access, are adequate to serve the bed and breakfast inn. B. Design and Development Standards. 1. Minimum Size and Maximum Number of Guest Rooms. The inn shall contain at least 2,000 square feet, but no more than six rooms shall be rented for lodging. 2. Parking. The requirements of Chapter 231 shall apply. 3. Signs. The requirements of Chapter 233 apply. In addition, in the RMH-A district, no identifying sign shall be displayed other than a sign no larger than 2 square feet identifying the name of the establishment. The face of the sign may be indirectly illuminated by an exterior light source entirely shielded from view, but no internal illumination from an interior light source shall be permitted. 230.44 Recycling Operations Collection containers shall be permitted for charitable organizations such as Goodwill. Recycling containers shall be permitted as an accessory use to a permitted use. Recycling and collection containers shall not be located within required parking or landscaped areas or obstruct pedestrian paths. Recycling as an accessory use shall not exceed 500 square feet including any required attendant parking space. A recycling operation as a primary use shall comply with the development standards contained in Chapter 212. 230.46 Single Room Occupancy Single room occupancy(SRO) shall comply with the following requirements: A. General Provisions. 1. All projects shall comply with the most recently adopted City Building, Plumbing, Mechanical, Electrical, Fire, and Housing Codes. 2. No more than one (1)person shall be permitted to reside in any unit, excluding the manager's unit and up to 25 percent of the total number of units which have double Occupancy. (3494-5/01) 3. A Management Plan shall be submitted for review and approval with the conditional use permit application. The Management Plan shall contain management policies, operations, emergency procedures, overnight guest policy, security program including video cameras monitoring building access points at every floor, rental procedures and proposed rates, maintenance plans, staffing needs, and tenant mix, selection and legisdrWzoning code/230LD/7/23/02 20 regulations. Income levels shall be verified by a third party and submitted to the City of Huntington Beach as part of the annual review. (3494-5/01) 4. An on-site, twenty-four(24)hour manager is required in every SRO project. In addition, a manager's unit shall be provided which shall be designed as a complete residential unit, and be a minimum of 300 square feet in size.(3494-5/01) 5. Rental procedures shall allow for monthly tenancies only; deposit requirements shall be specified. (3494-5/01) 6. All units within SRO projects shall be restricted to very low and low income individuals as defined by the City's housing element, with the exception of the twenty-four(24)hour manager. Rental rates shall be calculated using a maximum of 30% of income toward housing expenses based on County of Orange income figures. (3494-5/01) 7. Each SRO project shall be subject to annual review by the City which includes the review of management services. The management services plan shall define third parry verification criteria. The SRO project owner shall be responsible for filing an annual report to the Planning and Economic Development Departments which includes the range of monthly rents,the monthly income of residents, occupancy rates, and the number of vehicles owned by residents. (3494-5/01) 8. The Planning Commission or City Council may revoke the conditional use permit if any violation of conditions or any of the adopted Huntington Beach Codes occurs.(3494-5/01) B. Unit Requirements. 1. Minimum unit size shall be 250 square feet except double occupancy units shall be a minimum of 400 square feet.(3494-5/01) 2. Maximum unit size shall be three hundred(300) square feet excluding manager's unit and double occupancy units.(3494-5/01) 3. Each unit shall contain a kitchen and bathroom. (3494-5/01) a. Kitchens shall contain a sink with garbage disposal, counter top (minimum 16" x 24"), refrigerator, and stove/oven unit and/or microwave; (3494-5/01) b. If stoves/oven units are not provided in each unit,then stoves/oven units shall be provided in a common kitchen area(s).(3494-5/01) c. Bathrooms shall contain a lavatory,toilet, and shower or bathtub. d. Each unit shall have a minimum forty-eight(48) cubic feet of closet/storage space. C. Project Requirements. 1. Common recreational space shall be provided in each project as follows: a. Minimum common recreational space shall be four hundred(400) square feet. b. For projects exceeding thirty(30)units, an additional 10 square feet of recreational space per unit is required.(3494-5/01) Units that are 400 square feet or greater shall have a minimum of 15 square feet of recreational space per unit.(3494-5/01) legisdrft/zoning code/230LD/7/23/02 21 c. Common recreational space may be indoor or outdoor provided there is at least forty percent(40%) allotted toward indoor space and forty percent(40%) outdoor space; the balance may be either indoors or outdoors. d. Common recreational space may be in separate areas provided each space is not less than two hundred(200) square feet in size and has no less than a ten(10) foot dimension. 2. A single controlled entryway for routine ingress and egress shall be situated adjacent to and in full view of the manager's desk. 3. A secured office area shall be incorporated in the facility for the storage of confidential resident records and security office personnel. (3494-5/01) 4. Mailboxes shall be provided for each unit located near the lobby in plain view of the entry desk.(3494-5/01) 5. Handicap access facilities shall be as required by applicable state or local law.(3494-5/01) 6. At least one handicapped-accessible unit shall be required for every twenty(20) units. (3494-5/01) 7. Laundry facilities shall be provided in a separate room in a location near the common indoor recreational space. Washers and dryers may be coin operated. (3494-5/01) 8. A cleaning supply storeroom and/or utility closet with at least one (1) laundry tub with hot and cold water on every floor shall be provided on every floor.(3494-5/01) 9. Storage Lockers (3494-5/01) a. Storage lockers shall be provided in a secured area. b. The cumulative total of locker space shall be no less than a ratio of ten(10) cubic feet per unit. 10. All common indoor space areas shall have posted in a conspicuous location a notice from the City's Planning Department regarding contact procedures to investigate housing code violations.(3494-5/01) 11. Bicycle stalls shall be provided at a minimum of one(1) stall per five(5)units in a secured and enclosed and covered area.(3494-5/01) 12. Trash disposal chutes as well as a centralized trash area shall be provided on all multi-story projects. (3494-5/01) 13. A minimum of two (2)pay telephones shall be provided in the lobby area. The telephone service shall only allow outgoing calls. (3494-5/01) 14. Phone jack(s) shall be provided in each unit.(3494-5/01) 15. A shipping and receiving/maintenance garage shall be provided near a convenient vehicular access on the ground floor.(3494-5/01) 230.48 Equestrian Centers A. Permit Required. Equestrian centers shall be permitted in the OS-PR and PS districts, subject to the approval of a conditional use permit by the Planning Commission. Where all off-site improvements are not provided, initial approval shall be fora maximum period of five years legisdrft/zoning code/230LD/7/23/02 22 subject to annual review. One year extensions of time may be granted after public hearing by the Planning Commission. On requests to allow a facility on a permanent basis,the Planning Commission shall determine required improvements based on the existing and proposed land uses and the existing off-site improvements within the area. B. Desian and Development Standards. 1. Minimum Parcel Size/Frontage. The minimum lot size and lot frontage shall be: Area Frontage Temporary facilities: 2 acres 100 feet Permanent facilities: 5 acres 100 feet 2. Density/Riding Areas. Maximum density for horse facilities shall be determined by the following criteria: (a) Maximum density shall be twenty-five (25)horses per acre. (b) Minimum riding area shall be five thousand (5,000) square feet per fifteen(15) horses. For facilities with over one hundred(100)horses,two separate arenas shall be provided. In the alternative, off-site riding area shall be provided adjacent to the facility at the rate of one acre per fifteen(15)horses. (c) Exercise rings shall have no dimension less than thirty(30) feet. (d) The minimum arena size shall be ten thousand (10,000) square feet with no dimension less than eighty(80) feet. 3. Maximum Building Height. Maximum building height shall be thirty(30) feet. 4. Required Setbacks. Front: 50 feet (30 feet for caretaker's residence) Interior side: 25 feet Exterior side: 50 feet Rear: 25 feet Minimum distance to any 300 feet residential zone or use: 5. Corral Design. Corrals designed for one horse shall comply with the following requirements. Corrals designed for more than one horse shall provide a minimum area per horse as indicated below. All corrals, racks and stalls shall be of compatible design, materials to be approved by the fire department. (a) Corral size: 288 square feet Minimum dimension: 12 feet Shelter size: 96 square feet Minimum dimension: 8 feet (b) Each corral shall have an approved water system with automatic drinking controls provided. legisdrft/zoning code/230LD/7/23/02 23 (c) Box stalls may be provided in lieu of horse corrals. Such stalls shall be a minimum of 144 square feet with no dimension less than twelve (12)feet. 6. Wash rack. One wash rack per thirty-five (35) horses or fraction thereof shall be provided subject to the following requirements. Wash racks designed for more than one horse shall provide a minimum area per thirty-five (35)horses as indicated below: (a) Individual wash racks shall be 6 feet by 8 feet. (b) Each wash rack shall have an approved watering system and be connected to a sewer facility with a back-siphon device at the water source. (c) A concrete slab floor shall be provided. C. Insect and Rodent Control. l. Feed mangers or boxes shall not be placed near water sources. 2. Nonleak valves shall be provided for all troughs, bowls, cups and other water sources. 3. Automatic valves or sanitary drains shall be provided for large troughs or cups. 4. Grading in paddocks and corrals shall be properly integrated into a master drainage plan to prevent ponding of water. Shelters shall be sloped away from the center of the corrals, or rain gutters shall be installed to the exterior of the corral. 5. Method of disposal of solid wastes shall be approved by Planning Commission. Trash disposal areas and dumpsters shall be designated and conveniently located with an all-weather road access provided. 6. All dry grains shall be stored in rodent-proof metal containers and hay storage shall be covered. Bulk or commercial amounts of grain or hay shall be located a minimum of fifty (50) feet away from any horse enclosure. D. Miscellaneous Operating Requirements. l. The ground surface of horse enclosures shall be graded above their surroundings. A grading plan shall be submitted prior to issuance of a conditional use permit. 2. Storage and tack areas shall be designated on the site plan. 3. Continuous dust control of the entire premises shall be maintained subject to the regulations contained in Huntington Beach Municipal Code Chapter 8.24. The method for water sprinkling arenas and exercise pens shall be indicated on the site plan. 4. A permanent single family residence shall be provided on the site with a watchman on duty twenty-four(24)hours a day. Two fully enclosed parking spaces shall be provided. Where a mobilehome is used to satisfy this requirement, one carport space and one open space shall be permitted. 5. A back-siphoning device shall be installed to protect the public water supply. An approved pressure vacuum breaker is recommended on the waterline serving the corrals. The vacuum breaker shall be at least twelve (12)inches above the highest point of water usage or an approved double-check valve may be used. 6. Security lighting shall be confined to the site and all utilities shall be installed underground. legisdrWzoning code/230LD/7/23/02 24 7. A log containing the name of every horse, its location in the facility,the owner's name and address, and the names and addresses of persons to be notified in case of emergency shall be maintained in the watchman's quarters for ready reference. 8. All fire protection appliances, appurtenances, emergency access, and any other applicable requirements,pursuant to Huntington Beach Municipal Code Chapter 17.56, shall meet the specifications of the fire department. 9. The entire site, exclusive of riding areas, shall be fenced in such a manner as to confine horses within the site in order to protect the perimeter landscaping from damage. Individual corrals shall be enclosed by a minimum five (5) foot high fence. E. Off-street Parking and Landscaping. 1. Parking and circulation design shall comply with the standards outlined in Chapter 231. In addition,the perimeter of the parking area shall be delineated by pilasters or wooden poles with chain, cable, or heavy rope connectors. The parking lot shall be surfaced in accord with the specifications of the Department of Public Works. 2. Landscaping, asset out in Chapter 232, shall be provided except that the minimum landscaped area required shall be a ten (10) foot wide (inside dimension)planter along all property lines. 230.50 Indoor Swap Meets/Flea Markets Indoor swap meets/flea markets shall comply with the following requirements: A. Conditional Use Permit Required. Indoor swap meets/flea market uses may be permitted as temporary uses only upon approval of conditional use permit by the Planning Commission for a period of time not to exceed ten(10) years. One year extension of time may be granted after public hearing by the Planning Commission. B. Location Considerations: The Planning Commission shall consider the following issues when evaluating a proposed conditional use permit: 1. The site's proximity to residences, schools, hospitals and other noise sensitive uses. 2. The potential adverse impacts on traffic circulation and pedestrian safety. 3. The site's proximity to other indoor swap meets/flea markets to avoid overconcentration of facilities. 4. The site's proximity to businesses processing hazardous materials. C. Location Criteria. 1. Indoor swap meet/flea market uses shall Only be allowed on property located adjacent to arterial streets. D. Minimum Building Size. 1. Minimum building gross floor area shall be one hundred thousand(100,000) square feet. E. Miscellaneous Requirements. 1. Ancillary Uses. Ancillary uses may be permitted as included on the approved site plan. Such uses shall be included as part of the initial conditional use permit requirements or shall be subject to new entitlement if proposed after the initial application has been filed. IegisdrR/zoning code/230LD/7/23/02 25 2. Ste. Individual vendors shall not be permitted any outdoor signs, including temporary. Signs shall comply with the standards outlined in Chapter 233. 3. Parking. Parking shall comply with the standards outlined in Chapter 231. 230.52 (Reserved) 230.54 (Reserved) 230.56 (Reserved) 230.58 (Reserved) 230.60 (Reserved) All Districts 230.62 Building Site Required No building or structure shall be erected or moved onto any parcel of land in the city except on a lot certified in compliance with the Subdivision Map Act and local subdivision and zoning provisions at time of creation or on a parcel created as a result of a public taking. No building or structure shall be altered or enlarged to increase the gross floor area by more than 50 percent within any one-year period except on a legal building site. 230.64 Development on Substandard Lots Development on substandard lots shall be subject to approval of a conditional use permit by the Zoning Administrator. A legally created lot having a width or area less than required for the base district in which it is located may be occupied by a permitted or conditional use if it meets the following requirements or exceptions: A. The lot must have been in single ownership separate from any abutting lot on the effective date of the ordinance that made it substandard. Two or more contiguous lots held by the same owner shall be considered as merged if one of the lots does not conform to the minimum lot size or width for the base district in which it is located. B. A substandard lot shall be subject to the same yard and density requirements as a standard lot, provided that in an R district, one dwelling unit may be located on a substandard lot that meets the requirements of this section. C. An existing legal lot comprising a minimum size of 5,000 square feet or greater and a minimum width of 50 feet or greater shall not be considered substandard for purposes of this section. 230.66 Development on Lots Divided by District Boundaries The standards applicable to each district shall be applied to the area within that district. No use shall be located in a district in which it is not a permitted or conditional use. Pedestrian or vehicular access from a street to a use shall not traverse a portion of the site in a district in which the use is not a permitted or conditional use. 230.68 Building Projections Into Yards and Courts Projections into required yards and courts shall be permitted as follows: legisdrfl/zoning code/230LD/7/23/02 26 ALLOWABLE PROJECTIONS IN FEETa Front Side Street Side Rear Yard Yard Yard Yard Fireplace or chimney 2.5 2.5b 2.5 2.5 Cornice,eaves and ornamental features 3 2.5b 3 3 Mechanical equipment 2 2b 2b 2 Uncovered porches, terraces,platforms, 6 3 4 5 subterranean garages, decks, and patios not more than 3 feet in height serving only the first floor Stairs, canopies, awnings and uncovered porches 4 2b 4 4b more than 3 feet in height Bay windows 2.5 2.5b 2.5 2.5 Balconies 3 2b 3 3 Covered patios 0 0 5c 5 Notes: allo individual projection shall exceed 1/3 of the building length, and the total of all projections shall not exceed 2/3 of the building length on which they are located. bA 30-inch clearance from the property line shall be maintained. cNo projection shall extend more than 1/2 the width of the street side yard. 230.70 Measurement of Height This section establishes standards for determining compliance with the maximum building height limits prescribed for each zoning district or as modified by an overlay district. A. Datum (100) shall be set at the highest point of the curb along the front property line. If no curb exists, datum shall be set at the highest centerline of the street along the front property line. B. The differential between top of subfloor and datum shall be a maximum of two (2)feet as determined by Public Works. In the event that any subfloor, stemwall or footing is proposed greater than two (2) feet above datum, the height in excess shall be deducted from the maximum allowable ridgeline height. C. Lots with a grade differential of three (3) feet or greater between the high point and the low point, determined before rough grading, shall be subject to conditional use permit approval by the Zoning Administrator. Conditional use permit approval shall be based upon a building and grading plan which terraces the building with the grade and which is compatible with adjacent development. 230.72 Exceptions to Height Limits Chimneys; vent pipes; cooling towers; flagpoles; towers; spires; domes; cupolas; parapet walls not more than 4 feet high; water tanks;fire towers; transmission antennae including wireless communication facilities); radio and television antennas (except satellite dish antennae); and similar structures and necessary mechanical appurtenances (except wind-driven generators) may exceed the maximum permitted height in the district in which the site is located by no more than 10 feet. The Zoning Administrator may approve greater height with a conditional use legisdrft/zoning code/230LD/7/24/02 27 permit. Within the coastal zone exceptions to height limits may be granted only when public visual resources are preserved and enhanced where feasible. (3334) 230.74 Outdoor Facilities A. Permit Required. Outdoor storage and display of merchandise,materials, or equipment, including display of merchandise, materials, and equipment for customer pick-up, shall be subject to approval of a conditional use permit by the Zoning Administrator in the CG, IL, IG, CV and SP districts. Sidewalk cafes with alcoholic beverage_service and/or outdoor food service accessory to an Eating and Drinking Establishment shall be permitted subject to approval of a conditional use permit by the Zoning Administrator in the CO, CG, CV, OS and SP districts, but no outdoor preparation of food or beverages shall be permitted. B. Permit Conditions: Grounds for Denial. The Zoning Administrator may require yards, screening, or planting areas necessary to prevent adverse impacts on surrounding properties. If such impacts cannot be prevented,the Zoning Administrator shall deny the conditional use permit application. C. Exceptions. Notwithstanding the provisions of subsections (A) and(B) above, outdoor storage and display shall be permitted in conjunction with the following use classifications in districts where they are permitted or conditionally permitted: 1. Nurseries,provided outdoor storage and display is limited to plants, new garden equipment and containers only; and 2. Vehicle/Equipment Sales and Rentals, provided outdoor storage and display shall be limited to vehicles, boats, or equipment offered for sale or rent only. D. Screening. Outdoor storage and display areas for rental equipment and building and landscaping materials shall be screened from view of streets by a solid fence or wall. The height of merchandise, materials, and equipment stored or displayed shall not exceed the height of the screening fence or wall. 230.76 Screening of Mechanical Equipment A. General Requirement. Except as provided in subsection(B)below, all exterior mechanical equipment, except solar collectors and operating mechanical equipment in an I District located more than 100 feet from another zoning district boundary, shall be screened from view on all sides. Equipment to be screened includes,but is not limited to, heating, air conditioning,refrigeration equipment,plumbing lines, ductwork, and transformers. Screening of the top of equipment may be required by the Director, if necessary to protect views from an R or OS district. Rooftop mechanical equipment shall be setback 15 feet from the exterior edges of the building. B. Utility Meters and Backflow Prevention Devices. Utility meters shall be screened from view from public rights-of-way. Electrical transformers in a required front or street side yard shall be enclosed in subsurface vaults. Backflow prevention devices shall not be located in the front yard setback and shall be screened from view. C. Screening Specifications. A mechanical equipment plan shall be submitted to the Director to ensure that the mechanical equipment is not visible from a street or adjoining lot. 230.78 Refuse Storage Areas A. Refuse storage area screened on three sides by a 6-foot masonry wall and equipped with a gate, or located within a building, shall be provided prior to occupancy for all multi-family residential, commercial, industrial, and public/semipublic uses. Locations, horizontal legisdrWzoning code/230LD/7/23/02 28 dimensions, and general design parameter of refuse storage areas shall be as prescribed by the Director, subject to appeal to the Planning Commission. The trash area shall not face a street or be located in a required setback. The design and materials used in such trash enclosures shall harmonize with the main structure. 230.80 Antennae A. PMose. The following provisions are established to regulate installation of antennae to protect the health, safety, and welfare of persons living and working in the City and to preserve the aesthetic value and scenic quality of the City without imposing unreasonable limitations on,prevent the reception of signals, or imposing excessive costs on the users of the antennae. B. Permit Re uired. Approval by the Director shall be required for the installation of an antenna or satellite antenna to ensure compliance with the locational criteria. Construction shall be subject to the provisions of the Uniform Building Code and National Electrical Code, as adopted by the City. Within the coastal zone, approval of a coastal development permit shall be required for installation of any antenna that meets the definition of development in Section 245.04 unless it is exempt pursuant to Section 245.08. (3334) C. Locational Criteria: Satellite Antennae. A satellite antenna may be installed on a lot in any zoning district if it complies with the following criteria: 1. Number: Only one satellite antenna may be permitted on a residential lot. 2. Setbacks: Interior side and rear property lines, 10 feet, except that no setback shall be required in interior side and rear setback areas if the antenna or satellite antenna does not exceed 6 feet in height. No antenna or satellite antenna shall be located in a required front yard. When roof-mounted, the antenna or satellite antenna shall be located on the rear one-half of the roof. 3. Maximum Height: a. The maximum height of a satellite antenna shall not exceed 10 feet if installed on the ground or the maximum building height for the district in which the satellite antenna is located, if roof-mounted. b. The maximum height of an antenna shall not exceed the maximum building height for the district in which the antenna is located. 4. Maximum Dimension: The maximum diameter of a satellite antenna shall not exceed 10 feet in all districts with the exception that the diameter may be increased in non-residential districts if a conditional use permit is approved by the Zoning Administrator. 5. Screening: The structural base of an antenna or satellite antenna, including all bracing and appurtenances,but excluding the antenna or dish itself, shall be screened from public view and adjoining properties by walls, fences, buildings, landscape, or combinations thereof not less than 7 feet high so that the base and support structure are not visible from beyond the boundaries of the site at a height-of-eye 6 feet or below. 6. Undergrounding: All wires and/or cables necessary for operation of the antenna or satellite antenna or reception of the signal shall be placed underground, except for wires or cables attached flush with the surface of a building or the structure of the antenna or satellite antenna. legisdrft/zoning code/230LD/7/23/02 29 7. Surface Materials and Finishes: No advertising or text or highly reflective surfaces shall be permitted. 8. Exception: Requests for installation of an antenna or satellite antennae on sites that are incapable of receiving signals when installed pursuant to the locational criteria may be permitted subject to conditional use permit approval by the Zoning Administrator. The applicant shall submit documentation that installation at a height greater than permitted, or in another yard area, is necessary for the reception of usable antenna or satellite signals. Applications shall be approved upon finding that the aesthetic value and scenic quality of the City is preserved,pedestrian or vehicular traffic vision is not obstructed, and upon the findings contained in Chapter 241. 230.82 Performance Standards For All Uses A. Applicability and Compliance. The development standards set forth in this section apply to every use classification in every zoning district unless otherwise specifically provided. The Director may require evidence of ability to comply with development standards before issuing an entitlement. B. Air Contaminants. Every use must comply with rules, regulations and standards of the South Coast Air Quality Management District (SCAQMD). An applicant for a zoning permit or a use, activity, or process requiring SCAQMD approval of a permit to construct must file a copy of the SCAQMD permit with the Director. An applicant for a use, activity, or process that requires SCAQMD approval of a permit to operate must file a copy of such permit with the Director within 30 days of its approval. C. Storage On Vacant Lot. A person may not store, park,place, or allow to remain in any part of a vacant lot any unsightly object. This does not apply to building materials or equipment for use on the site during the time a valid building permit is in effect for construction on the premises. 230.84 Dedication and Improvements A. Dedication Required. Prior to issuance of a building permit, or prior to the use of land for any purpose, all real property shall be dedicated or irrevocably offered for dedication which the City requires for streets,alleys, including access rights and abutters' rights, drainage, public utility easements, and other public easements. In addition, all streets and alleys shall be improved, or an agreement entered into for such fmprovements including access rights and abutters'rights, drainage,public utility easements, and other easements. B. Exceptions. Dedication shall not be required prior to issuance of a building permit for: 1. Interior building alterations which do not exceed a third of the value of a building, as defined in the Uniform Building Code, and which effect no change of occupancy. 2. Exterior building alterations or additions for a residential use which do not exceed a third of the value of the building, as defined in the Uniform Building Code, and add no additional residential units. 3. Fences and walls. 4. Temporary uses, as specified in this code. 5. Horticultural Uses. The dedication herein required may be reviewed at the time of entitlement. Upon request by the applicant, a temporary postponement, not to exceed one (1)year,may be granted upon consideration of the following criteria: a. Type of horticultural use proposed. legisdrWzoning code/230LD/7/23/02 30 b. Duration(temporary or permanent). c. Vehicular access and effect of the proposed use on traffic in the vicinity of the site. d. Relationship between the proposed requirements and an anticipated expanded use. e. Dedication shall not be required for any purpose not reasonably related to such horticultural use. C. Dedication Determinants. Right-of-way dedication width shall be determined by either of the following: 1. Department of Public Works standard plans; or 2. A precise plan of street, highway or alley alignment. D. Improvements. 1. No building permit shall be issued by the Building Division until an application for permit has been filed, street improvements plans and specifications have been submitted for plan check, and all fees, established by resolution of the City Council, have been paid. The Building Division shall issue such building permit after determining that the work described in the application and the accompanying plans conforms to requirements of the Huntington Beach Building Code and other pertinent laws and ordinances. 2. The Building Division shall make a frame inspection, as required by the Huntington Beach Building Code, at which time all off-site improvements, including curbs, gutters, and street paving, shall be completed. 3. Improvements required by this code may be deferred in the following instances and upon adherence to the following requirements and regulations: a. Where the grade of the abutting right-of-way has not been established prior to the time when on-site structures qualify for final release for occupancy. b. Where a drainage system would be delayed by the installation of improvements. c. Where an agreement is entered into with the City to install improvements by a date certain, said agreement shall be secured by a bond or deposit equal to 150 percent of the City's estimate (including inflation estimates)of the required improvements. Such bond or cash shall be deposited with the City Treasurer. d. Where the developer has agreed with the City in writing that the deposit required by subsection(3) of this section may be used by the City after an agreed upon time to complete the required improvements, the remainder of such deposit, if any, shall be returned to the developer upon completion of such improvements by the City. e. The Director of Public Works is authorized to receive applications from persons desiring waivers of street improvement requirements and to enter into the necessary written agreements with such applicants. A non-refundable fee set by resolution of the City Council shall accompany such application. 4. Where construction is limited to one lot and the erection of a detached single family dwelling thereon, street improvements shall include curb, gutter, sidewalk, street trees, street lights, sewer and water main extensions, and ten (10) feet of street paving to meet Department of Public Works standards. Where necessary, temporary paving shall be installed to join existing street improvements. legisdrft/zoning code/230LD/7/23/02 31 230.86 Seasonal Sales A temporary sales facility for the sale of seasonal products including Christmas trees, Halloween pumpkins, or a single, season agricultural product not grown on site are permitted adjacent to any arterial highway in any district and on all church or school sites as a temporary use approved by the Director and in compliance with the following: A. Time Limit. 1. A Christmas tree sales facility shall not be open for business during any calendar year prior to Thanksgiving. 2. A Halloween pumpkin sales facility shall not be open for business during any calendar year prior to October 1. 3. A single agricultural product sales facility shall be approved for a period of time not to exceed 90 days. B. Merchandise to be Sold. A permitted Christmas tree or Halloween pumpkin sales facility may not sell items not directly associated with that season. Only one single, season agricultural product may be sold at any one time. C. Site Standards. 1. Storage and display of products shall be set back not less than ten (10) feet from edge of street pavement, and shall not encroach into the public right-of-way. 2. A minimum of ten (10) off-street parking spaces shall be provided. 3. Ingress and egress to the site shall be reviewed by the Department of Public Works to insure that no undue traffic safety hazard will be created. 4. Temporary structures shall comply with Building Division standards. 5. Electrical permit shall be obtained if the facility is to be energized. 6. The facility shall comply with fire prevention standards as approved and enforced by the Fire Chief. D. Bond Required. Prior to issuance of a business license and approval by the Director, a five hundred dollar($500) cash bond shall be posted with the City to ensure removal of any structure, cleanup of the site upon termination of the temporary use, and to guarantee maintenance of the property. A bond shall not be required for a seasonal sales facility operated in conjunction with a use on the same site. E. Removal of facility. The seasonal sales facility shall be removed and the premises cleared of all debris and restored to the condition prior to the establishment within ten calendar days of Halloween, Christmas, or the expiration of the time limit for single season agricultural product. 230.88 Fencing and Yards No portion of a required yard area provided for a structure on a lot shall be considered as part of the yard area for any other structure on the same or an adjacent lot. In all districts, minimum setback lines shall be measured from the ultimate right-of-way line. Diagrams A, B and C are hereby adopted to illustrate the provisions of this chapter. Where any discrepancy occurs legisdrft/zoning code/230LD/7/23/02 32 between the diagrams and the printed text, the text shall prevail. Yards and fencing shall comply with the following criteria in all districts or as specified. A. Permitted Fences and Walls. 1. Fences or walls a maximum of forty-two (42) inches in height may be located in any portion of a lot, except screen walls on lots in the RMH-A subdistrict shall be set back a minimum of three (3)feet from the front property line. Fences or walls exceeding forty-two (42) inches in height may not be located in the required front yard, except as permitted elsewhere in this Section. (3334-6/97,3410-3/99) 2. Fences or walls a maximum of six (6) feet in height may be located in required side and rear yards, except as excluded in this Section. Fences or walls exceeding six (6) feet in height may be located in conformance with the yard requirements applicable to the main structure except as provided for herein or in the regulations of the district in which they are located. a. Fences and walls located adjacent to arterials along the rear and/or street side yard property lines, and behind the front setback,may be constructed to a maximum total height of eight (8) feet including retaining wall with the following: (1) The proposed building materials and design shall be in conformance with the Urban Design Guidelines. (2) Extensions to existing wall(s) shall require submittal of engineering calculations to the Building and Safety Department. (3) The property owner shall be responsible for the care and maintenance of landscape area(s) and wall(s) and required landscape area(s). (4) Approval from Public Works Department. 3. Fences or walls in the rear yard setback area of a through-lot shall not exceed forty-two (42) inches in height. This subsection shall not apply to lots abutting arterial highways. 4. In the RL district, garden or wing walls or fences equal in height to the first floor double plate, but not exceeding nine (9) feet, which are perpendicular to and entirely within a side yard may be constructed to the interior side property line and to within five (5) feet of the exterior side property line provided they are equipped with a three (3) foot gate or accessway. 5. When residential property abuts open or public land or property zoned or used for office, commercial, or industrial purposes, an eight(8) foot high solid masonry or block wall may be constructed on the common side or rear property line. 6. In order to allow variations in the street scene in R districts, fences or walls exceeding forty-two (42) inches in height may be permitted at a reduced front setback of six(6) feet subject to plan review approval by the Director in conformance with the following criteria: a. The reduced setback shall be only permitted for five (5) or more contiguous lots under the same ownership and only at the time of initial construction of the dwellings. legisdrWzoning code/230LD/7/23/02 33 b. Such walls shall not encroach into the visibility triangular area formed by measuring seven and one-half(7.5) feet along the driveway and ten(10) feet along the front property line at their point of intersection. c. Such walls shall conform to all other applicable provisions of this section. 7. Retaining walls shall comply with the following: a. Where a retaining wall is located on the property line separating lots or parcels and protects a cut below the natural grade, such retaining wall may be topped by a fence, wall or hedge of the same height that would otherwise be permitted at the location if no retaining wall existed. b. Where a retaining wall is on the property line of a rear yard abutting an arterial or exterior side yard and contains a fill of two (2)ft. or less or protects a cut below the existing grade, such retaining wall may be topped with a six (6) ft. decorative masonry wall. c. Where a retaining wall is on the property line of a rear yard abutting a local street, the maximum retaining wall height shall be twenty-four(24) inches as measured from the adjacent curb and may be topped with a maximum eighteen(18) inch decorative wall or fence for a total height of forty-two (42) inches. d. (1) The maximum height of a retaining wall on the front property line shall be thirty-six (36) inches as measured from the top of the highest adjacent curb. Subject to the Director's approval, a maximum forty-two (42) inch high wall or fence may be erected above the retaining wall with a minimum three (3) foot setback from the front property line. (3334-6/97,3410-3/99) (2) In the RMH-A subdistrict, the maximum height of a retaining wall on the front property line shall be eighteen(18) inches as measured from the top of the highest adjacent curb. Subject to the Director's approval, a second retaining wall up to eighteen(18) inches in height may be erected above the eighteen(18)inch high retaining wall with a minimum three (3) foot front setback. A wall or fence up to forty-two (42) inches in height may be erected on top of the retaining wall with the minimum three foot front setback. (See Exhibit below.) (3410-3/99) Required Tree/Palm Landscaping Front Building* Patio Max.18" Sidewalk/Parkway Max.18" *See Maximum building height/in ter 210 legisdrWzoning code/230LD/7/23/02 34 e. All retaining walls abutting a street shall be waterproofed to the satisfaction of the Director. f. Retaining wall and fence combinations over eight(8) feet in height shall be constructed with a variation in design or materials to show the distinction. Retaining wall and fence combinations over six (6) feet in height shall be designed without decorative block or cap block, except if equal in strength to the main portion of the fence. 8. The height of any fence,wall or hedge located in the front yard setback shall be measured from top of the highest adjacent curb. All other fence heights shall be measured from existing grade. 9. Any fence or wall located on the front property line shall be approved by the Department of Public Works. 10. In the industrial districts, nine (9) foot high fences may be permitted in the side and rear setbacks up to the front building line subject to plan review approval by the Director. 11. Deviations from the maximum height requirements for walls as prescribed by this Section may be permitted subject to an approval of conditional use permit by the Zoning Administrator. 12. Within the coastal zone,no gate, fence or wall shall be permitted that restricts or obstructs public access to the shore. (3334) B. Required Walls. 1. When office, commercial or industrial uses abut property zoned or used for residential, a six (6)foot high solid six (6) inch concrete block or masonry wall shall be required. If a wall meeting these standards already exists on the abutting residential property,protection from vehicle damage shall be provided by a method approved by the Director. The maximum fence height shall be eight (8)feet at the common property line, subject to the same design standards and setback requirements as specified for six (6) foot high fences. 2. Industrial screening walls abutting arterial highways shall be architecturally compatible with surrounding properties, constructed of a minimum six (6)inch wide decorative masonry block, and designed with landscape pockets at thirty-five (35) foot intervals along the street side sufficient in size to accommodate at least one (1) 15-gallon tree. Approval of a conditional use permit by the Zoning Administrator shall be required prior to construction of such walls. C. Visibility. 1. On reverse corner lots and corner lots abutting an alley,no fence, wall or hedge greater than forty-two (42) inches in height may be located within the triangular area formed by measuring ten(10) feet from the intersection of the rear and street side property lines. 2. On corner lots, no fence, wall, landscaping, berming, sign, or other visual obstruction between forty-two (42) inches and seven(7) feet in height as measured from the adjacent curb elevation may be located within the triangular area formed by measuring twenty-five (25) feet from the intersection of the front and street side property lines or their prolongation. Trees trimmed free of branches and foliage so as to maintain visual clearance below seven(7) feet shall be permitted. 3. Visibility of a driveway crossing a street or alley property line or of intersecting driveways shall not be blocked between a height of forty-two (42) inches and seven(7) legisdrtVzoning code/230LD/7/23/02 35 feet within a triangular area formed by measuring ten(10) feet from intersecting driveways or street/alley and driveway. • pROp�Rry<gylc 16, • � �2. _ GVR6��`ON� E --ICA P�0 NE 230-CORD DIAGRAM A : - - - - - - - - - - - - - - 0. _ _ i_o' O - 10' 10' 10' 10' 10' 10• 230-satb STREET/ALLEY DIAGRAM B legisdrft/zoning code/230LD/7/23/02 36 REVERSE CORNER LOT CORNER LOT INTERIOR LOT CORNER LOT ABUTTING ALLEY 45' A 45° \1' A 43 �,l 24' ;I^ A A 11 ffi r�11 1W 'f iiI I i I i i 10' 10' 10' THROUGH THROUGH LOT CORNER LOT HEIGHT MEASUREMENT OF FENCE OR WALL A- A 42 inch high fence may be constructed on any portion of the lot. ]5' A ® Indicates that portion of the lot on which a 6 foot high fence may be constructed. "A" Indicates minimum front yard setback. :a lI .A. A Dia ram C 4s° M3194 6:161V9MW24041K2.1MF 230.90 Contractor's Storage Yards/Mulching Operation Contractor's storage yards in conjunction with public facility improvement contracts, and mulching operations on unimproved public or private property may be permitted subject to the following: A. Initial approval shall be for a maximum of two (2)years. The use shall be eligible for a maximum of three one year extensions by the Planning Commission. B. The development shall comply with parking, access and setback requirements contained in Chapter 231. 230.92 Landfill Disposal Sites Excavation of landfills or land disposal sites shall be subject to the requirements of this section. These provisions are not intended to apply to grading and surcharging operations,permitted under Appendix Chapter 70 of the Uniform Building Code. Permits for grading on previously approved development projects shall be subject to approval of the Director. A. Land Disposal Site/Definitions. The following words and phrases shall be construed as defined herein unless a different meaning is apparent from the context: legisdrft/zoning code/230LD/7/23/02 37 I. Excavation. Any activity and/or movement of material which exposes waste to the atmosphere. 2. Land disposal site. Any site where land disposal of Group I, II or III waste, as defined by the California Administrative Code, has been deposited either legally or illegally on or into the land,including but not limited to landfill, surface impoundment, waste piles, land spreading, dumps, and coburial with municipal refuse. B. Operations Plan. 1. No person shall conduct any excavation activity at any land disposal site in the City of Huntington Beach without first submitting to the City an operations plan approved by the Director. Such plan shall include complete information regarding the identity, quantity and characteristics of the material being excavated, including a chemical analysis performed by a laboratory acceptable to the City, together with the mitigation measures that will be used to insure that health hazards, safety hazards, or nuisances do not result from such activity. 2. Mitigation measures contained in the operations plan may include gas collection and disposal of waste, encapsulation, covering waste, chemical neutralization, or any other measures deemed necessary by the City. 3. Ambient air quality monitoring, as well as other monitoring or testing deemed reasonably necessary, shall be included in the operations plan. C. Approval of Operations Plan. 1. The City shall not approve an operations plan unless such plan includes provisions for the immediate cessation of excavation activity when the operator, or any agent thereof, of a land disposal site has been notified by the City that a nuisance, health, or safety hazard has or is about to occur as a result of such activity therein. 2. Upon determination by any government agency that a nuisance, safety, or health problem exists on any land disposal site in the City, mitigation measures, contained in the operations plan, shall be implemented immediately. D. Hazardous Waste Sites. For any land disposal site determined to be a hazardous waste site by the State Department of Health Services and/or the City of Huntington Beach, the following additional measures shall be taken prior to excavation of such site: 1. All property owners within a half mile radius of the site shall receive written notice of all public hearings to be held regarding proposed excavation on the site. The cost of preparing and mailing such notice shall be paid by the operator/applicant. 2. A type of bond, acceptable to the City Attorney, shall be posted by the operator/applicant insuring that necessary funds are available to restore the site to a safe condition if excavation is prematurely terminated. 3. Excavation of the site shall be performed in accordance with the requirements of the State Department of Health Services, and any other public agency with jurisdiction over hazardous waste sites. E. Operations Plan Contents. The operations plan shall contain the following: 1. A plan establishing lines of authority and responsibility between public agencies and the operator/applicant,or his agents, during excavation. The plan shall contain specific procedures to be followed by all responsible parties involved with the excavation. legisdrWzoning code/230LD/7/23/02 38 2. A plan containing specific measures to monitor air quality to be implemented during excavation to prevent the exposure of on-site workers or area residents to unhealthful vapors from the site. If deemed necessary by the State Department of Health Services, the plan shall also include specific measures for evacuation of residents in the vicinity of the site. 3. A plan showing specific routes for vehicles transporting hazardous wastes from the site. 4. A plan containing specific steps for restoration of the site to a safe condition if excavation is terminated prematurely. F. Exemptions. The following activities shall be exempt from the requirements of this section unless otherwise determined by the Director: 1. The drilling of holes up to twenty-four(24) inches in diameter for telephone or power transmission poles or their footings. 2. The drilling of oil wells, gas wells or landfill gas collection wells or the maintenance of gas or leachate collection systems. 3. Any excavation activity which has been determined by the Director to pose an insignificant risk, or any activity which has been covered sufficiently in a plan prepared for any other agency having jurisdiction over the site. G. Excavation Activity Prohibited. 1. No person shall excavate at any land disposal site in the City of Huntington Beach unless he or she first certifies that all applicable regulations of other public agencies with jurisdiction over hazardous waste sites have been met. 2. Compliance with the provisions of this section shall not exempt any person from failing to comply with the requirements of the California Health and Safety Code, and any other applicable codes, rules or regulations. 230.94 Carts and Kiosks. Carts and kiosks may be permitted on private property zoned for commercial purposes, subject to approval by the Planning Director and compliance with this section. Carts and kiosks may be permitted as a temporary use on public property subject to Specific Event approval pursuant to Chapter 5.68.(3249-6/95;3482-12/00) A. Location and Design Criteria. Cart and kiosk uses shall conform to the following:(3249-6/95) 1. No portion of a cart or kiosk shall overhang the property line.(3249-6/95) 2. The cart or kiosk shall not obstruct access to or occupy a parking space; obstruct access to a parked vehicle, impede the delivery of materials to an adjoining property, interfere with access to public property or any adjoining property, or interfere with maintenance or use of street furniture. If any existing parking spaces will be displaced or partially or totally blocked by the proposed cart or kiosk,those spaces must be replaced on-site at a one-to- one (I:I)ratio. (3249-6/95) 3. The cart or kiosk shall not exceed a maximum of four(4) feet in width excluding any wheels, eight (8)feet in length including any handle, and no more than six (6)feet in height excluding canopies, umbrellas or transparent enclosures unless a larger size is approved. (3249-6/95) 4. A limit of one cart or kiosk shall be allowed for each commercial business that meets the above locational and design criteria. legisdrWzoning code/230LD/7/23/02 39 B. Factors to Consider. The following factors shall be considered regarding the location and the design of cart or kiosk uses including: (3249-6/95) 1. Appropriateness of the cart or kiosk design, color scheme, and character of its location; (3249-6/95) 2. Appropriateness and location of signing and graphics;(3249-6/95) 3. The width of the sidewalk or pedestrian accessway;(3249-6/95) 4. The proximity and location of building entrances;(3249-6/95) 5. Existing physical obstructions including, but not limited to signposts, light standards, parking meters,benches,phone booths,newsstands, utilities and landscaping;(3249-6/95) 6. Motor vehicle activity in the adjacent roadway including but not limited to bus stops, truck loading zones, taxi stands,hotel zones, passenger loading or parking spaces; (3249-6/95) 7. Pedestrian traffic volumes; and (3249-6/95) 8. Handicapped accessibility. (3249-6/95) C. Operating Requirements, Provisions and Conditions. l. During hours of operation, the cart or kiosk must remain in the location specified on the approved site plan. (3249-6/95) 2. A cart or kiosk operator shall not sell to or solicit from motorists or persons in vehicles. 3. The cart or kiosk operator shall pay all fees and deposits required by the Huntington Beach Municipal Code prior to the establishment of the use. (3249-6/95) 4. All provisions of the Huntington Beach Municipal Code which are not in conflict with this section shall apply. (3249-6/95) 5. The prices of items sold from a cart or kiosk must appear in a prominent, visible location in legible characters. The price list size and location shall be reviewed and approved by the Planning Director. (3249-6/95) 6. The sale of alcoholic beverages shall be prohibited. (3249-6/95) 7. The number of employees at a cart or kiosk shall be limited to a maximum of two (2) persons at any one time. (3249-6/95) 8. Fire extinguishers may be required at the discretion of the Fire Department. (3249-6/95) 9. All cart and kiosk uses shall be self contained for water, waste, and power to operate. (3249-6/95) 10. A cart or kiosk operator shall provide a method approved by the Planning Director for disposal of business related wastes. (3249-6/95) D. Parkin;?.Additional parking may be required for cart or kiosk uses by the Planning Director. (3249-6/95) legisdrft/zoning code/230LD/7/23/02 40 E. Review; Revocation.The Planning Department shall conduct a review of the cart or kiosk operation at the end of the first six (6)month period of operation. At that time, if there has been a violation of the terms and conditions of this section or the approval, the approval shall be considered for revocation. (3249-6/95) F. Limited Notification. Ten (10)working days prior to submittal for a building permit or certificate of occupancy, applicant shall notice adjacent property owners and tenants by first class mail. Notice of application shall include the following: 1. Name of applicant. 2. Location of planned development or use, including address. 3. Nature of the proposed development shall be fully disclosed in the notice. 4. Planning Department phone number and address of City Hall shall be provided in the notice to call for viewing plans. 5. The date by which any comments must be received in writing by the Planning Department. 6. Planning Department shall receive entire list including name and address of those receiving the mailing. 230.96 Wireless Communication Facilities A. Purpose. All wireless communication facilities shall comply with these requirements and guidelines in order to regulate the location and design of wireless facilities for the protection of public safety, general welfare, and quality of life in the City of Huntington Beach. B. Permit Required. 1. Administrative approval by the Director may be granted for proposed wireless communication facilities (including but not limited to ground mounted, co-located, wall, roof, or utility mounted) that are: a. Co-located to approved facilities at existing heights or complies with the base district height limit for modified facilities, and compatible with surrounding buildings and land uses by incorporating stealth techniques; or b. Completely stealth facilities and complies with the base district height limit; or C. Facilities in non-residential districts and in compliance with the maximum building height permitted within the zoning district; and 1. Screened from view and not visible from beyond the boundaries of the site at eye level (six feet); or legisdrWzoning code/230LD/7/24/02 41 2. Substantially integrated with the architecture of the existing building or structure to which it is to be mounted; or 3. Designed to be architecturally compatible with surrounding buildings and land uses by incorporating stealth techniques. 2. Conditional use permit approval by the Zoning Administrator shall be required for all proposed wireless communication facilities (including but not limited to ground mounted, co- located, wall, roof or utility mounted) that are: a. Exceeding the maximum building height permitted within the zoning district; or b. Visible from beyond the boundaries of the site at eye level (six feet); or C. Not substantially integrated with the architecture of the existing building or structure to which it is to be mounted; or d. Not designed to be architecturally compatible with surrounding buildings and land uses; or e. Facilities in residential districts that do not meet B.La or B.I.b. 3. Design review shall be required for wireless communication facilities located in redevelopment areas, on public right-of-ways, in OS-PR and PS zones, in areas subject to specific plans, on or within 300 feet of a residential district, and in areas designated by the City Council. Design review is not required for wireless communication facilities that comply with section B.1. C. Definitions.For the purpose of this section, the following definitions for the following terms shall apply: legisdrWzoning code/230LD/7/23/02 42 1. Accessory Structure. Any structure or equipment that is to be located ancillary to an antenna or antennas in the establishment and operation of a wireless communication facility. 2. Co-Location or Co-Located. The location of multiple antennas which are either owned or operated by more than one service provider at a single location and mounted to a common supporting structure, wall or building. 3. Completely Stealth Facility. Any stealth facility that has been designed to completely screen all aspects of the facility including appurtenances and equipment from public view. Examples of completely stealth facilities may include, but are not limited to architecturally screened roof-mounted antennas, facade mounted antennas treated as architectural elements to blend with the existing building, flagpoles, church steeples, fire towers, and light standards. 4. Ground Mounted Facility. Any wireless antenna that are affixed to a pole, tower or other freestanding structure that is specifically constructed for the purpose of supporting an antenna. 5. Microwave Communication. The transmission or reception of radio communication at frequencies of a microwave signal (generally, in the 3 GHz to 300 GHz frequency spectrum). 6. Pre-existingy Wireless Facility. Any wireless communication facility for which a building permit or conditional use permit has been properly issued prior to the effective date of this ordinance, including permitted facilities that have not yet been constructed so long as such approval is current and not expired. 7. Roof Mounted. Any wireless antenna directly attached or affixed to the roof of an existing building, water tank, tower or structure other than a telecommunications tower. 8. Stealth Facility or Techniques. Any wireless communication facility, which is designed to blend into the surrounding environment, typically, one that is architecturally integrated into a building or other concealing structure. See also definition of completely stealth facility. legisdrft/zoning code/230LD/7/24/02 43 9. Telecommunication Facility. A wireless communication facility that is either wall mounted, utility mounted, or roof mounted. 10. Utility Mounted. Any wireless antenna mounted to an existing above-ground structure specifically designed and originally installed to support utilities such as but not limited to electrical power lines, cable television lines, telephone lines, non- commercial wireless service antennas, radio antennas, street lighting, recreational facility lighting, traffic signal equipment or any other utility which meets the purpose and intent of this definition. 11. Wall Mounted. Any wireless antenna mounted on any vertical or nearly vertical surface of a building or other existing structure that is not specifically constructed for the purpose of supporting an antenna (including the exterior walls of a building, an existing parapet, the side of a water tank, the face of a church steeple, or the side of a freestanding sign) such that the highest point of the antenna structure is at an elevation equal to or lower than the highest point of the surface on which it is mounted. 12. Wireless Communication Facility or Facility. An antenna structure and any appurtenant facilities or equipment that are used in connection with the provision of wireless communication service, including, but not limited to digital, cellular and radio service. D. Applicability. 1. All wireless communication facilities which are erected, located, or modified within the City of Huntington Beach on or following the effective date of section 230.96 shall comply with these guidelines, subject to the categorical exemptions under subparagraph (3) of this section, provided that: a. All facilities, for which applications were determined complete by the Planning Department prior to the effective date of this section, shall be exempt from these regulations and guidelines. b. All facilities for which Building and Safety issued building permits prior to the effective date of section 230.96 shall be legisdrB/zoning code/230LD/7/23/02 44 exempt from these regulations and guidelines, unless and until such time as subparagraph (2) of this section applies. C. Any facility, which is subject to a previously approved and valid conditional use permit, may be modified within the scope of the applicable permit without complying with these regulations and guidelines. 2. All facilities for which building permits and any extension thereof have expired shall comply with the provisions of section 230.96. 3. The following uses shall be exempt from the provisions of section 230.96 until pertinent federal regulations are amended or eliminated. See Section 230.80 (Antennae) for additional requirements. a. Any antenna structure that is one meter (39.37 inches) or less in diameter and is designed to receive direct broadcast satellite service, including direct-to-home satellite service for television purposes, as defined by Section 207 of the Telecommunication Act of 1996, Title 47 of the Code of Federal Regulations, and any interpretive decisions thereof issued by the Federal Communications Commission (FCC). b. Any antenna structure that is two meters (78.74 inches) or less in diameter located in commercial or industrial zones and is designed to transmit or receive radio communication by satellite antenna. c. Any antenna structure that is one meter (39.37 inches) or less in diameter or diagonal measurement and is designed to receive Multipoint Distribution Service, provided that no part of the antenna structure extends more than five (5) feet above the principle building on the same lot. d. Any antenna structure that is designed to receive radio broadcast transmission. e. Any antenna structure used by authorized amateur radio stations licensed by the FCC. legisdrft/zoning code/230LD/7/23/02 45 E. Facility Standards. 1 Aesthetics• a. Facility: All screening used in conjunction with a wall or roof mounted facility shall be compatible with the architecture of the building or other structure to which it is mounted, including color, texture and materials. All ground mounted facilities shall be designed to blend into the surrounding environment, or architecturally integrated into a building or other concealing structure. b. Equipment/Accessory Structures: All equipment associated with the operation of the facility, including but not limited to transmission cables, shall be screened in a manner that complies with the development standards of the zoning district in which such equipment is located. Screening materials and support structures housing equipment shall be architecturally compatible with surrounding structures by duplicating materials and design in a manner as practical as possible. If chain link is used, then it must be vinyl coated and not include barbed wire. C. General Provisions: All Wireless Communication Facilities shall comply with the Huntington Beach Urban Design Guidelines. 2. Building Codes: To ensure the structural integrity of wireless communication facilities, the owners of a facility shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for facilities that are published by the Electronic Industries Association, as amended from time to time. 3. Conditions of Approval: Acceptance of conditions by the applicant and property owner shall be ensured by recordation of the conditions on the property title. 4. Federal Requirements: All Wireless Communication Facilities must meet or exceed current standards and regulations of the legisdrWzoning code/230LD/7/23/02 46 FCC, and any other agency of the state or federal government with the authority to regulate wireless communication facilities. 5. Interference: To eliminate interference the following provisions shall be required for all wireless communication facilities regardless of size: a. Prior to issuance of a building permit, the applicant must submit the following information to the Police Department for review: 1. All transmit and receive frequencies; 2. Effective Radiated Power (ERP); 3. Antenna height above ground; and 4. Antenna pattern, both horizontal and vertical (E Plane and H Plane). b. At all times, other than during the 24-hour cure period, the applicant shall comply with all FCC standards and regulations regarding interference and the assignment of the use of the radio frequency spectrum. The applicant shall not prevent the City of Huntington Beach or the countywide system from having adequate spectrum capacity on the City's 800 MHz voice and data radio frequency systems. The applicant shall cease operation of any facility causing interference with the City's facilities immediately upon the expiration of the 24-hour cure period until the cause of the interference is eliminated. C. Before activating its facility, the applicant shall submit to the Police and Fire Departments a post-installation test to confirm that the facility does not interfere with the City of Huntington Beach Public Safety radio equipment. The Communications Division of the Orange County Sheriff's Department or Division-approved contractor at the expense of the applicant shall conduct this test. This post- installation testing process shall be repeated for every proposed frequency addition and/or change to confirm the intent of the "frequency planning" process has been met. d. The applicant shall provide to the Planning Department a single point of contact (including name and telephone legisdr@/zoning code/230LD/7/23/02 47 number) in its Engineering and Maintenance Departments to whom all interference problems may be reported to insure continuity on all interference issues. The contact person shall resolve all interference complaints within 24 hours of being notified. e. The applicant shall insure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of the applicant to comply. 6. Lighting: All outside lighting shall be directed to prevent "spillage" onto adjacent properties, unless required by the FAA or other applicable authority, and shall be shown on the site plan and elevations. 7. Maintenance: All facilities and appurtenant equipment shall be maintained to remain consistent with the original appearance of the facility. Ground mounted facilities shall be covered with anti- graffiti coating. 8. Monitoring: For all wireless communication facilities, the applicant shall provide a copy of the lease agreement between the property owner and the applicant prior to the issuance of a building permit. 9. Signs: The facility shall not bear any signs or advertising devices other than certification, warning, or other required seals of signage. F. Site Selection. For all wireless communication facilities, the applicant shall provide documentation that demonstrates the following: 1. Compatibility with the surrounding environment or architecturally integrated into a structure. 2. Screened or camouflaged by existing or proposed topography, vegetation, buildings or other structures as measured from beyond the boundaries of the site at eye level (six feet). 3. Massing and location of the proposed facility are consistent with surrounding structures and zoning districts. legisdrWzoning code/230LD/7/23/02 48 4. No portion of a wireless communication facility shall project over property lines. G. Facilities in the Public Right-of-Way. Any wireless communication facility to be placed over, on or beneath the public right-of-way shall comply with the following standards: 1. Any wireless communication facilities to be constructed on or beneath the public right-of-way must have a franchise agreement with the City or the owner that has a wireless franchise agreement with the City, or the applicant must provide documentation demonstrating that the applicant is a state franchised telephone corporation exempt from local franchise requirements. 2. All equipment associated with the operation of a facility, including but not limited to transmission cables, shall be placed underground in those portions of the street, sidewalks and public rights-of-way where cable television, telephone or electric lines are underground. At no time shall equipment be placed underground without appropriate conduit. 3. The City Engineer shall approve the location and method of construction of all facilities located within public rights-of-way. 4. All wireless communication facilities shall be subject to applicable City permit and inspection fees, including, but not limited to, those pertaining to encroachment permits and all applicable fees. 5. Any wireless communication facility installed, used or maintained within the public rights-of-way shall be removed or relocated when made necessary by any "project." For purposes of this section, project shall mean any lawful change of grade, alignment or width of any public right-of-way, including but not limited to, the construction of any subway or viaduct that the City may initiate either through itself, or any redevelopment agency, community facility district, assessment district, area of benefit, reimbursement agreement or generally applicable impact fee program. Iegisdr8/zoning code/230LD/7/23/02 49 6. Wireless communication facilities may be installed on existing utility poles, conduits and other facilities of a public utility,with the approval of the City Engineer, provided a franchise agreement exists allowing wireless installation. 7. Prior to the approval of any required building permits or entitlements (Conditional Use Permits, Variances, etc.) the applicant shall have a franchise agreement approved by the City Council. H. Facilities on Public Property. Any wireless communication facility to be placed over, on or beneath public property shall comply with the following standards: 1. Wireless communication facilities shall be installed in accordance with all applicable City codes and ordinances, including, but not limited to, standards for paving in the event that any undergrounding of utilities is required. 2. Any wireless communication facilities to be constructed on or beneath public property must have a lease agreement with the city. I. Additional Requirements. 1. Landscaping: Landscape planting, irrigation and hardscape improvements may be imposed depending on the location, the projected vehicular traffic, the impact on existing facilities and landscape areas, and the visibility of the proposed facility. Submittal of complete landscape and architectural plans for review and approval by the Directors of Public Works and Planning may be required. Public Works inspectors may require additional improvements during installation based on facility impacts. 2. Utility Agreement: If the proposed facility will require electrical power or any other utility services to the site, the applicant will be required to furnish the City's Real Estate Services Manager, either a drafted utility franchise agreement between the City of Huntington Beach and the applicant to place those lines in the public right-of-way, or a written statement from the utility company who will be supplying the power or other services, that legisdrft/zoning code/230LD/7/23/02 50 they accept all responsibility for those lines in the public right-of- way. I Facility Removal. 1. Cessation of Operation: Within thirty (30) days of cessation of operations of any wireless communication facility approved under this section, the operator shall notify the Planning Department in writing. The facility shall be deemed abandoned pursuant to the following sections unless: a. The City has determined that the operator has resumed operation of the wireless communication facility within six (6) moths of the notice; or b. The City has received written notification of a transfer of wireless communication operators. 2. Abandonment: A facility that is inoperative or unused for a period of six (6) continuous months shall be deemed abandoned. Written notice of the City's determination of abandonment shall be provided to the operator of the facility and the owner(s) of the premises upon which the facility is located. Such notice may be delivered in person, or mailed to the address(es) stated on the facility permit application, and shall be deemed abandoned at the time delivered or placed in the mail. 3. Removal of Abandoned Facility: The operator of the facility and the owners(s) of the property on which it is located, shall within thirty (30) days after notice of abandonment is given either (1) remove the facility and restore the premises, or (2) provide the Planning Department with written objection to the City's determination of abandonment. Any such objection shall include evidence that the facility was in use during the relevant six- (6) month period and that it is presently operational. The Director shall review all evidence, determine whether or not the facility was properly deemed abandoned, and provide the operator notice of its determination. 4. Removal by City: At any time after thirty-one (31) days following the notice of abandonment, or immediately following a notice of determination by the Director, if applicable, the City may remove Iegisdrft/zoning code/230LD/7/23/02 51 the abandoned facility and/or repair any and all damage to the premises as necessary to be in compliance with applicable codes. The City may, but shall not be required to, store the removed facility (or any part thereof). The owner of the premises upon which the abandoned facility was located, and all prior operators of the facility, shall be jointly liable for the entire cost of such removal, repair, restoration and/or storage, and shall remit payment to the City promptly after demand thereof is made. The City may, in lieu of storing the removed facility, convert it to the City's use, sell it, or dispose of it in any manner deemed appropriate by the City. legisdrft/zoning code/230LD/7/23/02 52 AT City of Huntington Beach Planning Department STAFF REPORT HUNTINGTON BEACH - - - .. TO: Planning Commission FROM: Howard Zelefsky, Director of Planning BY: Jason Kelley, Assistant Planner<y�-- DATE: May 28, 2002 SUBJECT: ZONING TEXT AMENDMENT NO. 02-01 (WIRELESS COMMUNICATION FACILITY ORDINANCE) APPLICANT: City of Huntington Beach Planning Department, 2000 Main Street, Huntington Beach. CA 92648 LOCATION: Citywide STATEMENT OF ISSUE: Zoning Text Amendment No. 02-01 request: - Amend Chapter 230 of the Zoning and Subdivision Ordinance (ZSO) to establish a wireless communication facility ordinance. - Amend nine sections of the ZSO to clarify use classifications and land use control for wireless communication facilities. • Staff's Recommendation: Approve Zoning Text Amendment No. 02-01 and forward to the City Council for adoption based upon the following: - It will provide processing incentives for facilities that are co-located and architecturally compatible with surrounding buildings and the environment. - It will provide clearer direction to wireless providers and staff when reviewing and processing applications. RECOMMENDATION: Motion to: "Approve Zoning Text Amendment No. 02-01 with findings (Attachment No. 1) and forward the draft ordinance (Attachment No. 2) to the City Council for adoption." ALTERNATIVE ACTION(S): The Planning Commission may take alternative actions such as: A. "Deny Zoning Text Amendment No. 02-01 with findings and forward to the City Council." B. "Continue Zoning Text Amendment No. 02-01 and direct staff accordingly." PROJECT PROPOSAL: Zoning Text Amendment No. 02-01 represents the following requests pursuant to Section 247.02 of the Huntington Beach Zoning and Subdivision Ordinance (ZSO): A. To amend Chapter 230 Site Standards of the ZSO by creating Section 23096 Wireless Communication Facilities which establishes specific guidelines for wireless communication facilities. The legislative draft is provided in Attachment No. 3; and B. To amend nine sections of the ZSO as listed below as they pertain to definitions involving wireless facilities and where wireless facilities are permitted. The legislative draft is provided in Attachment No. 4. ➢ Section 203.06 Definitions ➢ Section 204.10 Commercial Use Classifications ➢ Section 210.04 RL RM RMH RH and RMP Districts: Land Use Controls ➢ Section 211.04 CO CG and CV Districts: Land Use Controls ➢ Section 212.04 IG and IL Districts: Land Use Controls ➢ Section 213.06 OS District: Land Use Controls ➢ Section 214.06 PS District: Land Use Controls ➢ Section 230.72 Exceptions to Height Limits ➢ Section 230.80 Antennae The proposed ordinance along with the other amendments to the ZSO represent a comprehensive set of the development requirements for wireless facilities. The City has initiated the proposed amendments because the ZSO currently does not address development regulations for wireless communication facilities. The ordinance is intended to model the streamlined approach of the existing wireless facility policy and give clearer direction to wireless providers and staff when reviewing and processing applications. Back-ground Due to the increasing number of requests, a policy was developed in late 1995 to clarify the procedures for establishing wireless communication facilities (WCF) in the City of Huntington Beach(Attachment No. 5). Shortly thereafter, a wireless communications facility review committee consisting of city staff members from various departments was formed to assist in the development of a WCF ordinance for adoption by the City Council. Over the past several years, information was gathered and meetings were held by the review committee to provide a clear direction as to the contents of the ordinance. Additionally, comments were solicited from various wireless communication providers to ensure the draft ordinance not only serves the needs of the community but the wireless providers as well. At the March 26, 2002 study session, the Planning Commission first reviewed the proposed ordinance and raised concerns relating to permitting wireless facilities in residential districts, screening requirements for all related equipment and the removal of abandoned facilities. The proposed ordinance was revised to PC Staff Report—5/28/02 -2- (02SR22 ZTA 02-01) address the concerns of the Planning Commission and reviewed at the April 23, 2002 study session. The attached legislative draft shows marked text to indicate changes in response to the April 23rd Study Session. ISSUES: General Plan Conformance.- The proposed Zoning Text Amendment is consistent with the goals, policies, and objectives of the City's General Plan as follows: A. Land Use Element Policy LU 1.1.1: Establish incentives for the development of uses to support the needs and reflect the economic demands of City residents and visitors. The proposed ordinance allows wireless facilities in all zoning districts to service the needs of the residents or visitors and provides processing incentives for those facilities that incorporate stealth techniques. Goal LU 4: Achieve and maintain high quality architecture, landscape, and public open spaces in the City. The proposed ordinance encourages wireless facilities to use stealth techniques and requires all associated buildings or structures to be compatible with the surrounding environment. B. Utilities Element Goal U 5: Maintain and expand service provision to City of Huntington Beach residences and businesses. The Zoning Text Amendment will provide additional opportunities for wireless communication providers to maintain or improve the level of services for the residences and businesses within the City of Huntington Beach. C. Coastal Element Policy C 4.2.4: Wireless communication facilities shall be sited, to the maximum extent feasible, to minimize visual resource impacts. Minimization may be accomplished through one or more of the following techniques: co-locating antennas on one structure, stealth installations, locating facilities within existing building envelopes, or minimizing visual prominence through colorization or landscaping and removal of facilities that become obsolete. PC Staff Report—5/28/02 -3- (02SR22 ZTA 02-01) The proposed ordinance encourages stealth facilities to minimize visual impacts by providing processing incentives. The ordinance also encourages facilities to be incorporated into a building's architecture and to be screened from view. Policy C 4.2.S: New wireless communication facilities affecting the public view shed and/or located in areas designated Water Recreation, Conservation,Parks, and Shorelines shall be conditioned to require removal within six (6)months of termination of use and restoration of the site to its natural state. The proposed ordinance prohibits wireless facilities in Water Recreation, Conservation, and Shoreline districts; however, it does permit facilities in Open Space—Parks and Recreation districts. The ordinance requires removal of all facilities, regardless of zoning district, within six months of abandonment. To facilitate in determining inoperative or unused facilities, the ordinance requires a copy of the lease agreement between the wireless provider and the property owner before construction of the facility. Urban Design Guidelines Conformance: Not applicable. Environmental Status: The proposed project is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act. The project involves minor amendments to the zoning ordinance, which does not change the development standards, intensity, or density of the affected districts. Coastal Status: This zoning text amendment will be processed as a minor amendment to the Huntington Beach Local Coastal Program implementing ordinances and will be filed with the California Coastal Commission with other minor amendments. Redevelonment Status: Not applicable. Design Review Board: Not applicable. Subdivision Committee: Not applicable. Other Departments Concerns and Requirements: There are no concerns from other City departments. Public Notification: An expanded legal notice was published in the Huntington Beach/Fountain Valley Independent on May 16, 2002 and notices were sent to individuals/organizations requesting notification(Planning Department's Notification Matrix) and interested parties,including wireless communication facility providers active in Huntington Beach. As of May 22, 2002,no communication supporting or opposing the request has been received. Application Processing Dates: DATE OF COMPLETE APPLICATION: MANDATORY PROCESSING DATE(S): Not applicable Not applicable because ZTA is a legislative act and not a development permit PC Staff Report—5/28/02 4- (02SR22 ZTA 02-01) ANALYSIS: Since 1995, the City has been using the wireless communication policy as an interim mechanism to process all proposed facilities. Although the policy has been a useful tool,it focuses on processing requirements rather than overall aesthetics of a facility. The proposed ordinance has been developed to codify the existing streamlined approach of the policy;however,the ordinance provides a higher standard of development for future wireless facilities and clearer direction to wireless providers and staff when reviewing and processing applications. Proposed Ordinance The proposed ordinance is divided into ten components,which are listed below, and the more significant sections are followed by a short description: 1. Purpose 6. Site Selection 2. Permit Required 7. Public Right-of-Way 3. Definitions 8. Public Property 4. Applicability 9. Additional Requirements 5. Facility Standards 10. Facility RemovalNiolations The Permit Required section is one of the most significant sections of the ordinance. It has been designed to follow the recent permit streamlining effort. The permit requirements include administrative approval for all wireless facilities that comply with building heights, screening, aesthetics, and location criteria. Whereas, a conditional use permit to the Zoning Administrator is required for all facilities exceeding height limits, visible at eye level (six feet), and not architecturally integrated on the structure or the site. Additionally, design review is required for all facilities that require a conditional use permit and are located in redevelopment areas, on public right-of-ways, in Open Space—Parks and Recreation(OS-PR) and Public—Semipublic(PS) zones, in areas subject to specific plans, and in areas designated by the City Council. At the March 26, 2002 Study Session, the Planning Commission expressed concern about wireless facilities that could be located on or within 300 feet of any residential district. At the April 23`d Study Session, the Planning Commission reviewed draft language and discussed the idea of requiring a conditional use permit for these facilities. Staff concurs except in the case of a"completely stealth" facility. Staff recommends administrative approval of completely stealth facilities in residential districts, as well as the other districts where the facilities are allowed, provided the facility complies with height requirements. Facilities located in residential districts that are not completely stealth or do not comply with height requirements would require approval of a conditional use permit by the Zoning Administrator. The Edwards Fire Station is a good example to support the administrative approval process for a completely stealth wireless facility in a residential district. Currently, there are two wireless facility applications proposed at this location. As depicted on the following page, the first application is a request to replace the existing flagpole with a wireless facility flagpole, and the second is a request to place cellular antennas along with all associated equipment in the existing tower. Since both applications are proposing completely stealth facilities without creating any negative visual impacts to the site and the PC Staff Report—5/28/02 -5- (02SR22 ZTA 02-01) surrounding properties, it seems excessive to require the approval of a conditional use permit and design review board. Therefore, staff recommends a streamlined approach for completely stealth facilities. Existing Flagpole at Edwards Fire Station Proposed Flagpole h Existing Fire Hose Tower (Wireless facility to be located in tower) PC Staff Report—5/28/02 -6- (02SR22 ZTA 02-01) Staff has added a definition for a"completely stealth facility"to the proposed ordinance(Attachment No. 3.2). It requires that no aspect of the facility including appurtenances or equipment be visible. It would include the two examples noted for the fire station but would exclude facilities such as a mono-palms or mono-pines because the antennae and usually support equipment are visible. See Attachment No. 6.1 for examples of stealth facilities and Attachment Nos. 6.2—6.3 for completely stealth facilities. Per the Planning Commission's recommendation at the April 23ra Study Session, staff has also modified the language for co-located facilities such that they must incorporate stealth techniques to benefit from administrative approval. The table below summarizes the conditional use permit(CUP)requirements for various types of facilities. 2 . tiW '' Completely stealth facility & complies Permitted Permitted with height requirement Completely stealth facility & exceeds CUP CUP height requirement Co-location to approved facility& Permitted Permitted incorporates stealth techniques Co-location to approved facility without CUP CUP incorporating stealth techniques Roof mounted facility that complies with height requirement & not visible CUP Permitted Wall mounted facility that complies with height requirement & integrated with the CUP Permitted architecture Stealth facility & complies with height CUP Permitted requirement *Wireless facilities not permitted in Open Space—Shoreline and Open Space—Water Recreation The Facility Standards section has been developed to ensure that best design practices and compliance with all applicable codes, aesthetics, federal requirements,interference, lighting, maintenance, and signage requirements are addressed. The section has been amended to reflect the aesthetics of support structures as well as screening material. Additionally,per Planning Commission discussion, this section has been modified to include recordation of the conditions of approval on the property title, and all applicants are required to provide a copy of the lease agreement between the property owner and the PC Staff Report—5/28/02 -7- (02SR22 ZTA 02-01) applicant prior to issuance of a building permit to assist the City in dealing with abandoned wireless facilities. See Attachment Nos. 3.5 and 3.6 for revised language. Staff has also strengthened the facility removal component by adding language that violation of the removal requirements will constitute a misdemeanor (Attachment No. 3.8). Amendments to Existing ZSO The proposed amendments will affect residential, commercial, industrial, open space—parks and recreation, and public-semipublic districts throughout the city. Accordingly, minor amendments to other sections of the ZSO are included as part of this application(Attachment No. 4). The following is a short summary of the proposed changes to the existing ZSO. a. Section 203.06, Definitions: the Communication Antenna definition is modified to include wireless communication facilities(Attachment No. 4.3). b. Section 204.10, Commercial Use Classifications is modified to replace"cellular telephone" facilities with"wireless communication" facilities (Attachment No. 4.5). c. Sections 210.04, 211.04, 212.04, 213.06 and 214.06, Land Use Controls for the zoning districts, have been revised to indicate communication facilities as a limited use with provisions. A provision has been added to refer all wireless communication facilities to Section 230.96 (Attachment Nos. 4.7—4.27). d. Section 230.72, Exceptions to Height Limits, is revised to include wireless communication facilities(Attachment No. 4.28). e. Section 230.80, Antennae, is clarified to reflect that antennas in general are subject to approvals and is revised to add further specificity regarding height(Attachment Nos.4.29—4.30). SUMMARY: Zoning Text Amendment No. 02-01 modifies the Huntington Beach Zoning and Subdivision Ordinance, for the purpose of providing a streamlined approach and a higher standard of development for future wireless facilities. As technology changes for wireless facilities, the ordinance challenges those providers to comply with the administrative review requirements,thus creating a streamlined process,improved customer service, and aesthetically enhanced facilities. Staff recommends that the Zoning Text Amendment No. 02-01 be approved for the following reasons: ➢ It will provide processing incentives for facilities that are co-located and architecturally compatible with surrounding buildings and the environment. ➢ It will provide clearer direction to wireless providers and staff when reviewing and processing applications. PC Staff Report—5/28/02 -8- (02SR22 ZTA 02-01) ATTACHMENTS: 1. Suggested Findings for Approval 2. Draft Ordinance No. 3. Legislative Draft for Wireless Communication Ordinance 4. Legislative Draft for nine Sections of the ZSO 5. 6. Examples of Wireless Facilities SH:MBB:JK:rl PC Staff Report—5/28/02 -9- (02SR22 ZTA 0-01) LEGISLATIVE DRAFT 230.96 Wireless Communication Facilities A. Purpose. All wireless communication facilities shall comply with these requirements and guidelines in order to regulate the location and design of wireless facilities for the protection of public safety, general welfare, and quality of life in the City of Huntington Beach. B. Permit Required. 1. Administrative approval by the Director may be granted for proposed wireless communication facilities (including but not limited to ground mounted, co-located, wall, roof, or utility mounted) that are: a. Co-located to approved facilities at existing heights or complies with the base district height limit for modified facilities, and compatible with surrounding buildings and land uses by incorporating stealth techniques. b. Completely stealth facilities and complies with the base district height limit. r eeated eatef than 300 feet f em any .esideatial disc"._+f M„ v.'ir-eless eemmunioation facilities; a*4 c. Facilities in non-residential districts and in compliance with the maximum building height permitted within the zoning district; and d. Screened from view and not visible from beyond the boundaries of the site at eye level (six feet); or e. Substantially integrated with the architecture of the existing building or structure to which it is to be mounted; or f. Designed to be architecturally compatible with surrounding buildings and land uses by incorporating stealth techniques. 2. Conditional use permit approval by the Zoning Administrator shall be required for all proposed wireless communication facilities(including but not limited to ground mounted, co-located, wall, roof or utility mounted) that are: a. Exceeding the maximum building height permitted within the zoning district; or b. Visible from beyond the boundaries of the site at eye level(six feet); or c. Not substantially integrated with the architecture of the existing building or structure to which it is to be mounted; or d. Not designed to be architecturally compatible with surrounding buildings and land uses; or 1 ATTACHMENT NO. 3.1 LEGISLATIVE DRAFT 8. Stealth Facility or Techniques. Any wireless communication facility, which is designed to blend into the surrounding environment, typically, one that is architecturally integrated into a building or other concealing structure. See also definition of completely stealth facility. 9. Telecommunication Facility. A wireless communication facility that is either wall mounted, utility mounted, or roof mounted. 10. Utility Mounted. Any wireless antenna mounted to an existing above-ground structure specifically designed and originally installed to support utilities such as but not limited to electrical power lines, cable television lines, telephone lines, non-commercial wireless service antennas, radio antennas, street lighting, recreational facility lighting, traffic signal equipment or any other utility which meets the purpose and intent of this definition. 11. Wall Mounted. Any wireless antenna mounted on any vertical or nearly vertical surface of a building or other existing structure that is not specifically constructed for the purpose of supporting an antenna(including the exterior walls of a building, an existing parapet, the side of a water tank, the face of a church steeple, or the side of a freestanding sign) such that the highest point of the antenna structure is at an elevation equal to or lower than the highest point of the surface on which it is mounted. 12. Wireless Communication Facility or Facility. An antenna structure and any appurtenant facilities or equipment that are used in connection with the provision of wireless communication service, including, but not limited to digital, cellular and radio service. D. Applicability. 1. All wireless communication facilities which are erected,located, or modified within the City of Huntington Beach on or following the effective date of section 230.96 shall comply with these guidelines, subject to the categorical exemptions under subparagraph (3) of this section, provided that: a. All facilities, for which applications were determined complete by the Planning Department prior to the effective date of this section, shall be exempt from these regulations and guidelines. b. All facilities for which Building and Safety issued building permits prior to the effective date of section 230.96 shall be exempt from these regulations and guidelines, unless and until such time as subparagraph (2) of this section applies. c. Any facility, which is subject to a previously approved and valid conditional use permit, may be modified within the scope of the applicable permit without complying with these regulations and guidelines. 2. All facilities for which building permits and any extension thereof have expired shall comply with the provisions of section 230.96. 3 ATTACHMENT NO. 3.3 LEGISLATIVE DRAFT e. Facilities in residential districts that do not meet B.La or B.Lb. 3. Design review shall be required for wireless communication facilities located in redevelopment areas, on public right-of-ways, in OS-PR and PS zones, in areas subject to specific plans, and in areas designated by the City Council. Design review is not required for wireless communication facilities that comply with section B.1. C. Definitions. For the purpose of this section, the following definitions for the following terms shall apply: 1. Accessory Structure. Any structure or equipment that is to be located ancillary to an antenna or antennas in the establishment and operation of a wireless communication facility. 2. Co-Location or Co-Located. The location of multiple antennas which are either owned or operated by more than one service provider at a single location and mounted to a common supporting structure, wall or building. 3. Completely Stealth Facility. Any stealth facility that has been designed to completely screen all aspects of the facility including appurtenances and equipment from public view. Examples of completely stealth facilities may include, but are not limited to architecturally screened roof-mounted antennas, facade mounted antennas treated as architectural elements to blend with the existing building, flagpoles, church steeples, fire towers, and light standards. 4. Ground Mounted Facility. Any wireless antenna that are affixed to a pole, tower or other freestanding structure that is specifically constructed for the purpose of supporting an antenna. 5. Microwave Communication. The transmission or reception of radio communication at frequencies of a microwave signal(generally, in the 3 GHz to 300 GHz frequency spectrum). 6. Pre-existing Wireless Facility. Any wireless communication facility for which a building permit or conditional use permit has been properly issued prior to the effective date of this ordinance, including permitted facilities that have not yet been constructed so long as such approval is current and not expired. 7. Roof Mounted. Any wireless antenna directly attached or affixed to the roof of an existing building, water tank, tower or structure other than a telecommunications tower. 2 ATTACHMENT NO. 3.2 LEGISLATIVE DRAFT 3. The following uses shall be exempt from the provisions of section 230.96 until pertinent federal regulations are amended or eliminated. See Section 230.80 (Antennae) for additional requirements. a. Any antenna structure that is one meter(39.37 inches) or less in diameter and is designed to receive direct broadcast satellite service, including direct-to-home satellite service for television purposes, as defined by Section 207 of the Telecommunication Act of 1996, Title 47 of the Code of Federal Regulations, and any interpretive decisions thereof issued by the Federal Communications Commission (FCC). b. Any antenna structure that is two meters(78.74 inches) or less in diameter located in commercial or industrial zones and is designed to transmit or receive radio communication by satellite antenna. c. Any antenna structure that is one meter(39.37 inches) or less in diameter or diagonal measurement and is designed to receive Multipoint Distribution Service, provided that no part of the antenna structure extends more than five (5) feet above the principle building on the same lot. d. Any antenna structure that is designed to receive radio broadcast transmission. e. Any antenna structure used by authorized amateur radio stations licensed by the FCC. E. Facility Qesi Standards. 1. Aesthetics: a. Facili : All screening used in conjunction with a wall or roof mounted facility shall be compatible with the architecture of the building or other structure to which it is mounted, including color, texture and materials. All ground mounted facilities shall be designed to blend into the surrounding environment, or architecturally integrated into a building or other concealing structure. b. Equipment/Accessory Structures: All equipment associated with the operation of the facility, including but not limited to transmission cables, shall be screened in a manner that complies with the development standards of the zoning district in which such equipment is located. Screening material shah be ar-ehiteetidr-al4y eemp table with the suffeunding,buildings mt and support structures housing equipment shall be architecturally compatible with surrounding structures by duplicating materials and design in a manner as practical as possible. If chain link is used, then it must be vinyl coated and not include barbed wire. c. General Provisions: All Wireless Communication Facilities shall comply with the Huntington Beach Urban Design Guidelines. 4 ATTACHMENT NO. 3.4 LEGISLATIVE DRAFT 2. Building Codes: To ensure the structural integrity of wireless communication facilities, the owners of a facility shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for facilities that are published by the Electronic Industries Association, as amended from time to time. 3. Conditions of Approval: Acceptance of conditions by the applicant and property owner shall be ensured by recordation of the conditions on the property title. 4. Federal Requirements: All Wireless Communication Facilities must meet or exceed current standards and regulations of the FCC, and any other agency of the state or federal government with the authority to regulate wireless communication facilities. 5. Interference: To eliminate interference the following provisions shall be required for all wireless communication facilities regardless of size: a. At all times, other than during the 24-hour cure period, the applicant shall not prevent the City of Huntington Beach or the countywide system from having adequate spectrum capacity on the City's 800 MHz radio frequency. The applicant shall cease operation of any facility causing interference with the City's facilities immediately upon the expiration of the 24-hour cure period until the cause of the interference is eliminated. b. Before activating its facility, the applicant shall submit to the Fire Department a post- installation test to confirm that the facility does not interfere with the City of Huntington Beach Public Safety radio equipment. The Communications Division of the Orange County Sheriffs Department or Division-approved contractor at the expense of the applicant shall conduct this test. c. The applicant shall provide to the Planning Department a single point of contact (including name and telephone number) in its Engineering and Maintenance Departments to whom all interference problems may be reported to insure continuity on all interference issues. The contact person shall resolve all interference complaints within 24 hours of being notified. 6. Li^.h� ting: All outside lighting shall be directed to prevent "spillage" onto adjacent properties,unless required by the FAA or other applicable authority, and shall be shown on the site plan and elevations. 7. Maintenance: All facilities and appurtenant equipment shall be maintained to remain consistent with the original appearance of the facility. Ground mounted facilities shall be covered with anti-graffiti coating. 5 LEGISLATIVE DRAFT 8. Monitoring: For all wireless communication facilities, the applicant shall provide a copy of the lease agreement between the property owner and the applicant prior to the issuance of a building permit. 9. Signs: The facility shall not bear any signs or advertising devices other than certification, warning, or other required seals of signage. F. Site Selection. For all wireless communication facilities, the applicant shall provide documentation that demonstrates the following: 1. Compatibility with the surrounding environment or architecturally integrated into a structure. 2. Screened or camouflaged by existing or proposed topography, vegetation, buildings or other structures as measured from beyond the boundaries of the site at eye level (six feet). 3. Massing and location of the proposed facility are consistent with surrounding structures and zoning districts. 4. No portion of a wireless communication facility shall project over property lines. G. Facilities in the Public Right-of-Way. Any wireless communication facility to be placed over, on or beneath the public right-of-way shall comply with the following standards: 1. Any wireless communication facilities to be constructed on or beneath the public right-of- way must have a franchise agreement with the City or the owner that has a wireless franchise agreement with the City. 2. All equipment associated with the operation of a facility, including but not limited to transmission cables, shall be placed underground in those portions of the street, sidewalks and public rights-of-way where cable television, telephone or electric lines are underground. At no time shall equipment be placed underground without appropriate conduit. 3. The City Engineer shall approve the location and method of construction of all facilities located within public rights-of-way. 4. All wireless communication facilities shall be subject to applicable City permit and inspection fees, including,but not limited to, those pertaining to encroachment permits and all applicable fees. 5. Any wireless communication facility installed, used or maintained within the public rights-of-way shall be removed or relocated when made necessary by any"project." For purposes of this section,project shall mean any lawful change of grade, alignment or width of any public right-of-way, including but not limited to, the construction of any subway or viaduct that the City may initiate either through itself, or any redevelopment 6 ATTACHMENT NO. 3.6 LEGISLATIVE DRAFT agency, community facility district, assessment district, area of benefit, reimbursement agreement or generally applicable impact fee program. 6. Wireless communication facilities may be installed on existing utility poles, conduits and other facilities of a public utility, with the approval of the City Engineer,provided a franchise agreement exists allowing wireless installation. 7. Prior to the approval of any required building permits or entitlements (Conditional Use Permits, Variances, etc.) the applicant shall have a franchise agreement approved by the City Council. H. Facilities on Public Property. Any wireless communication facility to be placed over, on or beneath public property shall comply with the following standards: 1. Wireless communication facilities shall be installed in accordance with all applicable City codes and ordinances, including, but not limited to, standards for paving in the event that any undergrounding of utilities is required. 2. Any wireless communication facilities to be constructed on or beneath public property must have a lease agreement with the city. I. Additional Requirements. 1. Landscaping: Landscape planting, irrigation and hardscape improvements may be imposed depending on the location,the projected vehicular traffic, the impact on existing facilities and landscape areas, and the visibility of the proposed facility. Submittal of complete landscape and architectural plans for review and approval by the Directors of Public Works and Planning may be required. Public Works inspectors may require additional improvements during installation based on facility impacts. 2. Utility Agreement: If the proposed facility will require electrical power or any other utility services to the site, the applicant will be required to furnish the City's Real Estate Services Manager, either a drafted utility franchise agreement between the City of Huntington Beach and the applicant to place those lines in the public right-of-way, or a written statement from the utility company who will be supplying the power or other services, that they accept all responsibility for those lines in the public right-of-way. J. Facility Removal/Violation. 1. Abandonment: A facility that is inoperative or unused for a period of six(6) continuous months shall be deemed abandoned. Written notice of the City's determination of abandonment shall be provided to the operator of the facility and the owner(s) of the premises upon which the facility is located. Such notice may be delivered in person, or mailed to the address(es) stated on the facility permit application, and shall be deemed abandoned at the time delivered or placed in the mail. 7 ATTACHMENT NO. 3.7 LEGISLATIVE DRAFT 2. Removal of Abandoned Facility: The operator of the facility and the owners(s) of the property on which it is located, shall within thirty(30) days after notice of abandonment is given either (1) remove the facility and restore the premises, or(2)provide the Planning Department with written objection to the City's determination of abandonment. Any such objection shall include evidence that the facility was in use during the relevant six- (6) month period and that it is presently operational. The Director shall review all evidence, determine whether or not the facility was properly deemed abandoned, and provide the operator notice of its determination. 3. Removal by City: At any time after thirty-one(31) days following the notice of abandonment, or immediately following a notice of determination by the Director, if applicable, the City may remove the abandoned facility and/or repair any and all damage to the premises as necessary to be in compliance with applicable codes. The City may, but shall not be required to, store the removed facility(or any part thereof). The owner of the premises upon which the abandoned facility was located, and all prior operators of the facility, shall be jointly liable for the entire cost of such removal, repair, restoration and/or storage, and shall remit payment to the City promptly after demand thereof is made. The City may, in lieu of storing the removed facility, convert it to the City's use, sell it, or dispose of it in any manner deemed appropriate by the City. 4. Violation: Violations to this section shall constitute a misdemeanor pursuant to Section 1.16 of the Huntington Beach Municipal Code. 8 LEGISLATIVE DRAFT Kja1pfe:'r,20:De mt ons . 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 210 203-1 6/97 LEGISLATIVE DRAFT 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. " EN Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-2 6/97 LEGISLATIVE DRAFT Antenna. Communication. All types of receiving and transmitting antenna, except satellite dish antenna, including but not limited to cable television antenna, wireless communication eellul - -adi telephe e e antenna, FM digital communication antenna, microwave telephone communication antenna, amateur radio antenna, and short- wave communication antenna and other similar antenna. Antenna Height. The distance from the property's grade to the highest point of the antenna and its associated support structure when fully extended.y Antenna, Satellite Dish. An antenna for the purpose of receiving or transmitting communications to or from an orbiting satellite. L 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 250' .57 .53 gross acre net acre 230' 100' i100' 203-area.BMP Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-3 6/97 LEGISLATIVE DRAFT Q. Schools. Public or Private. Educational institutions having a curriculum comparable to that required in the public schools of the State of California. (3334- 6i97) 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. (3334-6/97,3378-2198) B. Animal Sales and Services. 1. Animal Boardjng. 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-&97) 2. Animal Grooming. Provision of bathing and trimming services for small animals on a commercial basis. This classification includes boarding for a maximum period of 48 hours. (3334-6/97) 3. Animal Hospitals. Establishments where small animals receive medical and surgical treatment. This classification includes only facilities that are entirely enclosed, soundproofed, and air- conditioned. Grooming and temporary(maximum 30 days) boarding of animals are included, if incidental to the hospital use. (3334-6/97) 4. Animals: Retail Sales. Retail sales and boarding of small animals, provided such activities take place within an entirely enclosed building. This classification includes grooming, if incidental to the retail use, and boarding of animals not offered for sale for a maximum period of 48 hours. (3334-6/97) 5. Equestrian Centers. Establishments offering facilities for instruction in horseback riding, including rings, stables, and exercise areas. (3334-6r97) 6. Pet Cemetery. Land used or intended to be used for the burial of animals, ashes or remains of dead animals, including placement or erection of markers, headstones or monuments over such places of burial. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-4 2/98 , r LEGISLATIVE DRAFT C. Artists' Studios. Work space for artists and artisans, including individuals practicing one of the fine arts or performing arts, or skilled in an applied art or craft. (3334-6/97) D. Banks and Savings and Loans. Financial institutions that provide retail banking services to individuals and businesses. This classification includes only those institutions engaged in the on-site circulation of cash money. It also includes businesses offering check-cashing facilities. (3334-6197,3378-2/98) 1. With Drive-up Service. Institutions providing services accessible to persons who remain in their automobiles. (3334-6/97) E. Building Materials and Services. Retailing,wholesaling, or rental of building supplies or equipment. This classification includes lumber yards, tool and equipment sales or rental establishments, and building contractors' yards, but excludes establishments devoted exclusively to retail sales of paint and hardware, and activities classified under Vehicle/Equipment Sales and Services. (3334-6197,3378-2198) F. Caterin2 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.) (3334-6197,3378-2198) 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 having more than 4 coin-operated game machines as regulated by Chapter 9.28; card rooms as regulated by Chapter 9.24; and fortune telling as regulated by Chapter 5.72. .(3334-6197,3378-2/98) 1. Limited. Indoor movie theaters, game centers and performing arts theaters and health/fitness clubs occupying less than 2,500 square feet. (3334-6/97) I. Communications Facilities. Broadcasting, recording, and other communication services accomplished through electronic or telephonic mechanisms, but excluding Utilities (Major). This classification includes radio, television,or recording studios; telephone switching centers; and telegraph offices; and wireless communication eellul_a telephone facilities. (3334-6197,3378-2198) J. Eating and Drinking Establishments. Businesses serving prepared food or beverages for consumption on or off the premises. (3334-/97,3378-2198) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-5 2/98 LEGISLATIVE DRAFT 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/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 210 210-2 3/99 LEGISLATIVE DRAFT 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 (B)(C)(D)(R) (3410-3/99,3455-5/00) 2 -4 units ZA P P - (3334-6/97,3410-3/99) 5 - 9 units ZA ZA ZA - (3334-6197.3410-3/99) 10 or more units PC PC PC - (3334-6/97,3410-3199) 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) (3334-6/97,3410-M9. 3455.5/00) Public and Semipublic (A)(0) (3334-6197,3410-3199) Clubs & Lodges PC PC ZA ZA (3334-6197,3410-3/99) Day Care, Large-family ZA ZA ZA ZA (3334-6/97) 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 (3334-6197,3410-3/99) Public Safety Facilities PC PC PC PC Religious Assembly L-3 PC PC PC (3334-6/97,3410-3199) Residential Care, General - L-1 PC PC (3334-6197,3410-3/99) 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 (3410-3199) Horticulture ZA ZA ZA ZA Nurseries ZA ZA ZA ZA (3410-3199) Visitor Accommodations Bed and Breakfast Inns - - L-4 - (3334-&97,3410-,W99) Accessory Uses P/U P/U P/U P/U (A)(G)(H)(I)(L)(M) (3334-6/97,3410-3/s9) Temporary Uses (J)(M) (3334-6197,3410-M9) Commercial Filming, Limited P P P P Real Estate Sales TU TU TU P (N) (3334-W97,3410-a/99) Personal Property Sales P P P P Street Fairs TU TU TU TU Nonconforming Uses (K)(L) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-3 LEGISLATIVE DRAFT RL, RM, RNIH, 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 frontina an arterial in RL District. (3410-3/99) L-2 Public facilities permitted, but a conditional use permit from the Zoning Administrator is required for private noncommercial facilities, including swim clubs and tennis clubs. (3334-6/97; 3410-3/99) L-3 A conditional use permit from the Planning Commission is required, and only schools operating in conjunction with religious services are permitted as an accessory use. A General Day Care facility may be allowed as a secondary use, subject to a conditional use permit, if the Planning Commission finds that it would be compatible with adjacent areas and not cause significant traffic impacts. See Section 230.06: Religious Assembly Yard Requirements. (3334-6/97,3410-3/99) L-4 A conditional use permit from the Planning Commission is required and only allowed on lots 10,000 sq. ft. or greater in RNIH-A subdistrict. See also Section 230.42: Bed and Breakfast Inns. (3334-6/97,3410-3199) L-5 Only wireless communication facilities permitted subject to Section 230.96: Wireless Communication Facilities. (A) Any addition or modification subsequent to the original construction that would result in an increase in the amount of building area, or a structural or architectural alteration to the building exterior, shall require an amendment to the previousely approved conditional use permit,if any, or approval of a new conditional use permit. (3334-6/97, 3410-3/99) (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, a conditional use permit by the Zoning Administrator is required for the addition of manufactured home space(s) to an existing Manufactured Home Park. (3334-6/97,3410-3/99) (F) See Section 230.16: Manufactured Homes. (G) See Section 230.12: Home Occupation in R Districts. (H) See Section 230.08: Accessory Structures. (I) See Section 230.10: Accessory Dwelling Units. Huntington Beach Zoning and Subdivision Ordinance 210-4 3/99 LEGISLATIVE DRAFT Chapter 211 C Commercial Districts (3285-6/95,3341-10/96,3334-6197,3482-12/00,3522-2/02) Sections: 211.02 Commercial Districts Established 211,04 CO, CG, and CV Districts: Land Use Controls 211.06 CO, CG and CV Districts: Development Standards 211.08 Review of Plans 211.02 Commercial Districts Established The purpose of the Commercial districts is to implement the General Plan and Local Coastal Program commercial land use designations. Three(3) commercial zoning districts are established by this chapter as follows: (3334-6/97) A. The CO Office Commercial District provides sites for offices for administrative, financial, professional, medical and business needs. B. The CG General Commercial District provides opportunities for the full range of retail and service businesses deemed suitable for location in Huntington Beach. C. The CV Visitor Commercial District implements the Visitor Serving Commercial land use designation within the coastal zone and provides uses of specific benefit to coastal visitors. More specifically, the CV district provides opportunities for visitor-oriented commercial activities, including specialty and beach related retail shops, restaurants, hotels, motels, theaters, museums, and related services. (3334-6/97) 211.04 CO, CG, and CV Districts: Land Use Controls In the following schedules, letter designations are used as follows: "P designates use classifications permitted in commercial districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" that follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. "TU" designates use classifications allowed upon approval of a temporary use permit. Huntington Beach Zoning and Subdivision Ordinance Chapter 211 211-1 2/02 LEGISLATIVE DRAFT "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) (3334-6/97) Group Residential PC PC PC (3334-6/97) Multifamily Residential - - PC (3334-6/97) Public and Semipublic (A)(J)(Q)(R)(V) (3334-6/97) Cemetery - - - Clubs and Lodges ZA ZA - (3334-6/97) Community and Human Services Drug Abuse Centers - PC - Primary Health Care Ll 1 Ll 1 - (3522-2102) Emergency Kitchens - L-2 - Emergency Shelters - L-2 - Residential Alcohol Recovery, General - PC - Residential Care, General PC PC - Convalescent Facilities PC PC - Cultural Institutions PC PC PC Day Care, General L-2 L-2 - 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 (3334-6197) 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 - (3522-2/02) Schools, Public or Private PC PC - Utilities, Major PC PC PC Utilities, Minor P P P (L) Huntington Beach Zoning and Subdivision Ordinance Chapter 211 211-2 2/02 LEGISLATIVE DRAFT 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 - PC - (S) Pet Cemetery - PC - Artists' Studios P P P Banks and Savings & Loans P P P With Drive-Up Service P P P (3522-2/02) 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 R L-13 R L-13 P Eating and Drinking Estab. P P P L-4(Y) (3522-2/02) W/Alcohol ZA ZA ZA (N)(Y) (3522-2/02) W/Drive Through - ZA ZA (3522-2/02) 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 211 211-3 2102 LEGISLATIVE DRAFT P = Permitted CO, CG, L = Limited (see Additional Provisions) and CV PC = Conditional use permit approved by Planning Commission Districts ZA = Conditional use permit approved by Zoning Administrator Land Use TU = Temporary Use Permit Controls P/U = Requires conditional use permit on site of conditional use = Not Permitted CO CG CV Additional Provisions Vehicle Equipment/Sales & Services Automobile Rentals - L-8 L-8 L-12 Automobile Washing - L-7 - Commercial Parking - PC PC (P) Service Stations - PC PC (E) Vehicle Equip. Repair - L-5 - Vehicle Equip. Sales & Rentals ZA ZA - L-12 (3522- 2/02) Vehicle Storage - - - Visitor Accommodations Bed & Breakfast Inns PC PC PC (K) Hotels, Motels - PC PC (1) (3334-6/97) Quasi Residential (3334-6/97) Time Shares - PC PC (1)(J) (3334.6/97) Residential Hotel - PC PC (J) Single Room Occupancy - PC PC (J)(0) 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 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 TU TU TU (3522-2/02) Retail Sales, Outdoor - TU TU (M) (3522.2/02) Seasonal Sales TU TU TU (M) (3522.2102) Tent Event TU (3522-2/02) Trade Fairs - TU - Nonconforming Uses (G)(J)(V) (3334-6/97).. (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 211 211-4 2102 LEGISLATIVE DRAFT CO, CG, and CV Districts: Additional Provisions L-1 Permitted if the space is 2,500 square feet or less; allowed with a conditional use permit from the Zoning Administrator if the laboratory space exceeds 2,500 square feet. L-2 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-3 Repealed. (3334-6/97) L-4 If greater than 300 feet from residential zone or use; if 300 feet or less from residential zone or use limited notification is required(see Y). (3522-2/02) L-5 Only "limited" facilities are allowed subject to approval of a conditional use permit from the Planning Commission, and body and fender shops are permitted only as part of a comprehensive automobile-service complex operated by a new vehicle dealer. L-6 Only "small-scale" facilities, as described in Use Classifications, are permitted with a maximum 7 persons employed full time in processing or treating retail products, limited to those sold on the premises. (3522-2/02) L-7 Attended facilities allowed with a conditional use permit from the Planning Commission; unattended facilities allowed with a conditional use permit from the Zoning Administrator. Lr8 On-site storage limited to two rental cars. L-9 Public facilities permitted,but a conditional use permit from the Zoning Administrator is required for commercial facilities. L-10 Permitted if the space is 2,500 square feet or less; allowed with conditional use permit approval from the Zoning Administrator if space exceeds 2,500 square feet. (3522-2/02) In addition, Personal Enrichment uses within a retail building parked at a ratio of one(1) space per 200 square feet, shall require no additional parking provided the use complies with the 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 2,500 square feet or less;allowed with a conditional use permit from the Zoning Administrator if the space exceeds 2,500 square feet. (3522-2/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 211 211-5 2/02 LEGISLATIVE DRAFT L-12 Permitted for existing facilities proposing to expand up to 20%. (3522-2102) L-13 For wireless communication facilities see Section 230.96: Wireless Communication Facilities. All other communication facilities permitted. (A) Limited to facilities on sites 2 acres or less. (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, subject to approval of the Planning Commission. (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 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. (3334-6197) (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 211 211-6 2/02 —*J- IJ LEGISLATIVE DRAFT Chapter 212 I Industrial Districts (3254-10/94,3378-2198, 3523-2/02) Sections: 212.02 Industrial Districts Established 212.04 IG and IL Districts: Land Use Controls 212.06 IG and IL Districts: Development Standards 212.08 Review of Plans 212.02 Industrial Districts Established (3254-10/94) Two (2) industrial zoning districts are established by this chapter as follows: (3254-10/94) A. The IG General Industrial District provides sites for the full range of manufacturing, industrial processing, resource and energy production, general service, and distribution. (3254-10/94) B. The IL Limited Industrial District provides sites for moderate- to low-intensity industrial uses, commercial services and light manufacturing. (3254-10194) 212.04 IG and IL Districts: Land Use Controls (3254-10194) 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) Y .1 ' '..k . J I 's.nCa t�i '+E N 9 i LR sISLATIVE 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) Community and Human Service Facilities PC PC (L) Day Care, General ZA ZA (3523-2/02) Heliports Maintenance& Service Facilities PC PC (0) Public Safety Facilities P P Religious Assembly L-10 L-10 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 (3523-2/02) Animal Hospitals ZA ZA (3523- 2/02) Artists' Studios P P Banks and Savings and Loans L-I 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 P- L-12- 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 212 212-2 02/02 L .iISLATIVE 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 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 (1) Visitor Accommodations PC PC (K) 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 TU TU (3523- 2/02) Trade Fairs TU TU (E) Nonconforming Uses (F) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 212-3 2/02 L- ,TISLATIVE DRAFT IG AND IL Districts: Additional Provisions L-1 Only allowed upon approval of a conditional use permit by the Planning Commission for a mixed use project, subject to the following requirements: (3254-10/94) Minimum site area: 3 acres (3254-10/94) Maximum commercial space: 35 percent of the gross floor area and 50 percent of the ground floor area of buildings fronting on an arterial highway. (3254-10/94) Phased development: 25 percent of the initial phase must be designed for industrial occupancy. For projects over 500,000 square feet, the initial phase must include 5 percent of the total amount of industrial space or 50,000 square feet of industrial space, whichever is greater. (3254-10/94) L-2 Allowed upon approval of a conditional use permit by the zoning Administrator when designed and oriented for principal use by employees of the surrounding industrial development or when designed for general public use, after considering vehicular access and parking requirements. (3254-10/94) L-3 Allowed 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. (3254-10194) 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 Planning Commission. (3254- 10/94) 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 2,500 square feet or less; allowed by conditional use permit approval by the Zoning Administrator if the space is over 2,500 square feet. (3254-10/94,3523-2102) ,intington Beach Zoning and Subdivision Ordinance apter 212 212-4 2/02 t id L. �sISLATIVE DRAFT IG AND IL Districts: Additional Provisions(continued) L-10 Allowed by conditional use permit approval by the Zoning Administrator for a period of time not to exceed five (5) years. (3254-10/94,3523-2/02) 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. (3378-2198) 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 212 212-5 2102 L- sISLATIVE DRAFT IG AND IL Districts: Additional Provisions(continued) Huntington Beach Zonina and Subdivision Ordinance. Said standards include but are not limited to the following: (3378-2198) 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: (3378-2198) 1. Name of applicant; (3378-2/98) 2. Location of proposed sex oriented business, including street address (if known) and/or lot and tract number; (3378-2/98) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 212-6 2/98 i L. .sISLATIVE DRAFT IG AND IL Districts: Additional Provisions(continued) 3. Nature of the sex oriented business, including maximum height and square footage of the proposed development; (3378-2/98) 4. The City Hall telephone number for the Department of Community Development to call for viewing plans; (3378-2/98) 5. The date by which any comments must be received in writing by the Department of Community Development. This date shall be ten (10) working days from staff review submittal; and (3378-2/98) 6. The address of the Department of Community Development. (3378-2/98) F. A sex oriented business may not apply for a variance pursuant to Chapter 241 nor a special sign permit pursuant to Chapter 233. (3378-2/98) G. A sex oriented business zoning permit shall become null and void one year after its date of approval unless: (3378-2198) 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. (3378-2198) L-12 For wireless communication facilities see Section 230.96: Wireless Communication Facilities. All other communication facilities permitted. (A) Limited to facilities on sites of 2 acres or less. (3254-10/94) (B) A conditional use permit from the Zoning Administrator is required for any new use or enlargement of an existing use, or exterior alterations and additions for an existing use located within 150 feet of an R district. The Director may waive this requirement if there is no substantial change in the character of the use which would affect adjacent residential property in an R District. (3254-10/94) (C) Accessory office uses incidental to a primary industrial use are limited to 10 percent of the floor area of the primary industrial use. (3254-10194) (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 212-7 2198 LEGISLATIVE DRAFT Chapter 213 OS Open Space District Sections: 213.02 Open Space District Established 213.04 Applicability 213.06 OS District: Land Use Controls 213.08 OS District: Development Standards 213.10 Review of Plans 213.02 Open Space District Established An Open Space District is established by this Chapter. This district provides areas for public or private use and areas for preservation and enhancement. Three subdistricts have been identified. (3334) Subdistricts of the OS District include: A. OS-PR Open Space-Parks and Recreation Subdistrict. B. OS-S Open Space - Shoreline. C. OS-WR Open Space - Water Recreation Subdistrict. (3334) 213.04 Applicability The OS district shall be the base district for the use classifications listed in Section 213.06 where these classifications have a minimum contiguous site area of 2 acres, including alleys, streets or other rights-of-way. Open-space use classifications on sites of less than 2 acres shall be subject to the provisions of the base and overlay districts in which they are located. 213.06 OS District: Land Use Controls In the following schedule, letter designations are used as follows: "P" designates use classifications permitted in the OS district. "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" designate use classifications permitted on approval of a temporary use permit. Huntington Beach Zoning and Subdivision Ordinance "P/U" for an accessory use means that the use is permitted on the site of a permitted use, but requires a 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. y OS DISTRICT P = Permitted LAND USE CONTROLS L = Limited(see Additional Provisions) PC = Conditional use permit approved by Planning Commission ZA = Conditional use permit approved by Zoning Administrator TU = Temporary Use Permit P/U = Requires conditional use permit on site of conditional use = Not Permitted OS-PR OS-S OS-WR Additional Provisions Public and Semipublic (F) Marinas - - PC Park& Recreation Facilities PC PC - Public Safety Facilities - PC - Utilities, Major - - Utilities, Minor ZA - ZA Commercial Uses (F) Animal Sales and Services Equestrian Centers PC - - (E) Commercial Recreation and Entertainment PC - - Communication Facilities L-4 - - Eating & Drinking Establishments L-1 L-1 - With Take-Out Service, Limited L-1 L-3 - Vehicle/Equipment Sales and Services - Commercial Parking Facility L-2 L-2 - Accessory Uses (A)(D) Accessory Uses and Structures P/U P/U P/U Temporary Uses (B) Animal Shows TU - - Circuses and Carnivals TU - - Commercial Filming TU TU TU Nonconforming Uses (C) (3334) Huntington Beach Zoning and Subdivision Ordinance Chapter 213 213-2 5/97 LEGISLATIVE DRAFT OS District: Additional Provisions Ll allowed with a conditional use permit approval by the Zoning Administrator only as an ancillary use that is compatible with and part of a park or recreational facility. Only in the coastal zone overlay district, in public parks in both the Parks and Recreation and the Shoreline Subdistricts, only the following type of eating and drinking establishment shall be permitted: (3334) (a) 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; and persons are not served in vehicles. (3334) b L2 Public parking is permitted, but commercial parking facilities on City-owned land require a conditional use permit approval by the Planning Commission. Recreational vehicle overnight parking is limited to 10 percent of available public parking. No encroachment onto sandy beach area shall be permitted. (3334) L3 Beach concession stands for sale of refreshments and sundries(not to exceed 2,500 square feet) must be located a minimum 1,000 feet apart. Beach concession structures shall be located within or immediately adjacent to paved parking or access areas. (3334) L-4 Only wireless communication facilities permitted subject to Section 230.96: Wireless Communication Facilities. (A) Limited to facilities incidental to an open space use. (B) See Section 241.22: Temporary Use Permits. (C) See Chapter 236: Nonconforming Uses and Structures. (D) Private cantilevered decks abutting residential uses; private boat ramps,slips, docks, windscreen and boat hoists in conjunction with adjacent single family dwellings. See Residential Districts and Chapter 17.24. (E) See Section 230.48: Equestrian Centers. (F) The permitted uses for recreation areas on the Huntington Beach mesa shall be limited to low- intensity uses including picnic grounds, arboretums, bird sanctuaries, trails. High-intensity uses such as tennis courts, athletic fields, stables, campgrounds or other commercial or recreation uses shall be conditional only, and shall be located in nodes adjacent to existing developed areas or roads and shall avoid adverse impacts on environmentally sensitive habitats. (3334) Huntington Beach Zoning and Subdivision Ordinance - LEGISLATIVE DRAFT Chapter 214 PS Public-Semipublic District (3334-6/97, 3524-2/02) Sections: 214.02 Public-Semipublic District Established 214.04 Applicability 214.06 PS District: Land Use Controls 214.08 PS District: Development Standards 214.10 Review of Plans 214.02 Public-Semipublic District Established The PS Public-Semipublic District is established by this chapter. This district provides areas for large public or semipublic uses. The intent of this district in the coastal zone is to implement the Public, Quasi-Public,and Institutional land use designation of the certified Local Coastal Program Land Use Plan. (3334-6/97) 214.04 Applicability The PS District shall be the base district for the use classifications listed in Section 214.06 where these have a contiguous site area of 2 acres or more, including alleys, streets, or other rights-of-way. Public-semipublic use classifications on sites of less than 2 acres shall be subject to the provisions of the base and overlay districts in which they are located. 214.06 PS District: Land Use Controls In the following schedule, letter designations are used as follows: "P" designates use classifications permitted in PS districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions"which follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "TU" designates use classifications allowed on approval of a temporary use permit. "P/U" for an accessory use mean that the use is permitted on the site of a permitted use but requires a conditional use permit on the site of a conditional use. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the zoning ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. Huntington Beach Zoning and Subdivision Ordinance Chapter 214 214-1 6197 y8y^.9 O-n` S IZI it!73� * i f7Y 2.5 0 Lt,GISLATIVE DRAFT PS DISTRICT: P = Permitted LAND USE CONTROLS L = Limited(see Additional Provisions) PC = Conditional use permit approved by Planning Commission TU = Temporary Use Permit P/U = Requires conditional use permit on site of a conditional use Additional PS Provisions Public and Semipublic Cemetery PC Cultural Institutions PC Day Care, General PC Government Offices Lr 1 Hospitals PC Maintenance & Service Facilities L-I Park & Recreation Facilities PC Public Safety Facilities PC Religious Assembly ZA (3524-2/02) Residential Care, General PC Schools, Public or Private PC Utilities, Major PC Utilities, Minor P Commercial Uses Commercial Parking Facility L-3 Communication Facilities L-4 Eating and Drinking Establishments L-2 Vehicle/Equipment Sales and Services L-1 Accessory Uses Accessory Uses and Structures P/U Temporary Uses (A) Animal Shows TU Circuses and Carnivals TU Commercial Filming, Limited TU Trade Fairs TU Nonconforming Uses (B) Huntington Beach Zoning and Subdivision Ordinance LiuGISLATIVE DRAFT PS District: Additional Provisions L-1 City-owned facilities are permitted; all other facilities require a conditional use permit from the Planning Commission. L-2 Permitted as an accessory use in a cultural, educational, hospital, or medical institution occupying no more than 5,000 square feet, only if there is no separate entrance or sign. L-3 Public parking permitted, but commercial parking facilities on City-owned land require a conditional use permit from the Planning Commission. L-4 Only wireless communication facilities permitted subject to Section 230.96: Wireless Communicaton Facilities. (A) See Section 241.20: Temporary Use Permits. (13) See Chapter 236: Nonconforming Uses and Structures. 214.08 PS District: Development Standards The following schedule prescribes development standards.for the PS district. The first column prescribes basic requirements for permitted and conditional uses in the district. Letters in parentheses in the "Additional Requirements" column refer to standards following the schedule or located elsewhere in the zoning ordinance. In calculating the maximum gross floor area as defined in Chapter 203, the floor area ratio is calculated on the basis of net site area. Fractional numbers shall be rounded down to the nearest whole number. All required setbacks shall be measured from ultimate right-of-way and in accordance with definitions set forth in Chapter 203 Definitions. (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 214 214-3 6197 LEGISLATIVE DRAFT A. Datum (100) shall be set at the highest point of the curb along the front property line. If no curb exists, datum shall be set at the highest centerline of the street along the front property line. B. The differential between top of subfloor and datum shall be a maximum of two (2) feet as determined by Public Works. In the event that any subfloor, sternwall or footing is proposed greater than two (2) feet above datum, the height in excess shall be deducted from the maximum allowable ridgeline height. C. Lots with a grade differential of three (3) feet or greater between the high point and the low point, determined before rough grading, shall be subject to conditional use permit approval by the Zoning Administrator. Conditional use permit approval shall be based upon a building and grading plan which terraces the building with the grade and which is compatible with adjacent development. 230.72 Exceptions to Height Limits Chimneys; vent pipes; cooling towers; flagpoles; towers; spires; domes; cupolas; parapet walls not more than 4 feet high; water tanks; fire towers; transmission antennae including wireless communication facilities; radio and television antennas (except satellite dish antennae); and similar structures and necessary mechanical appurtenances (except wind-driven generators) may exceed the maximum permitted height in the district in which the site is located by no more than 10 feet. The Zoning Administrator may approve greater height with a conditional use permit. Within the coastal zone exceptions to height limits may be granted only when public visual resources are preserved and enhanced where feasible. (3334-ei97) 230.74 Outdoor Facilities A. Permit Required. Outdoor storage and display of merchandise, materials, or equipment, including display of merchandise, materials, and equipment for customer pick-up, shall be subject to approval of a conditional use permit by the Zoning Administrator in the CG, IL, IG, CV and SP districts. Sidewalk cafes with alcoholic beverages service and/or outdoor food service accessory to an Eating and Drinking Establishment shall be permitted subject to approval of a conditional use permit by the Zoning Administrator in the CO, CG, CV, OS and SP districts,but no outdoor preparation of food or beverages shall be permitted. (3525-2t02) B. Permit Conditions: Grounds for Denial. The Zoning Administrator may require yards, screening, or planting areas necessary to prevent adverse impacts on surrounding properties. If such impacts cannot be prevented, the Zoning Administrator shall deny the conditional use permit application. C. Exceptions. Notwithstanding the provisions of subsections (A) and (B) above, outdoor storage and display shall be permitted in conjunction with the following use classifications in districts where they are permitted or conditionally permitted: 1. Nurseries, provided outdoor storage and display is limited to plants, new garden equipment and containers only; and 2. Vehicle/Equipment Sales and Rentals, provided outdoor storage and display shall be limited to vehicles,boats, or equipment offered for sale or rent only. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-30 2102 LEGISLATIVE DRAFT D. Screening. Outdoor storage and display areas for rental equipment and building and landscaping materials shall be screened from view of streets by a solid fence or wall. The height of merchandise, materials, and equipment stored or displayed shall not exceed the height of the screening fence or wall. 230.76 Screening of mechanical Equipment A. General Requirement. Except as provided in subsection (B) below, all exterior mechanical equipment, except solar collectors and operating mechanical equipment in an i District located more than 100 feet from another zoning district boundary, shall be screened from view on all sides. Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing lines, ductwork, and transformers. Screening of the top of equipment may be required by the Director, if necessary to protect views from an R or OS district. Rooftop mechanical equipment shall be setback 15 feet from the exterior edges of the building. B. Utility Meters and Backflow Prevention Devices. Utility meters shall be screened from view from public rights-of-way. Electrical transformers in a required front or street side yard shall be enclosed in subsurface vaults. Backflow prevention devices shall not be located in the front yard setback and shall be screened from view. C. Screening_Specifications. A mechanical equipment plan shall be submitted to the Director to ensure that the mechanical equipment is not visible from a street or adjoining lot. 230.78 Refuse Storage Areas A. Refuse storage area screened on three sides by a 6-foot masonry wall and equipped with a gate, or located within a building, shall be provided prior to occupancy for all multi-family residential, commercial, industrial, and public/semipublic uses. Locations, horizontal dimensions, and general design parameter of refuse storage areas shall be as prescribed by the Director, subject to appeal to the Planning Commission. The trash area shall not face a street or be located in a required setback. The design and materials used in such trash enclosures shall harmonize with the main structure. 230.80 Antennae A. Purpose. The following provisions are established to regulate installation of antennae to protect the health, safety, and welfare of persons living and working in the City and to preserve the aesthetic value and scenic quality of the City without imposing unreasonable limitations on, prevent the reception of signals, or imposing excessive costs on the users of the antennae. B. Permit Required. Approval by the Director shall be required for the installation of-a an antenna or satellite antenna to ensure compliance with the locational criteria. Construction shall be subject to the provisions of the Uniform Building Code and National Electrical Code, as adopted by the City. Within the coastal zone, approval of a coastal development permit shall be required for installation of any antenna that meets the definition of development in Section 245.04 unless it is exempt pursuant to Section 245.08. (3334-6197) C. Locational Criteria: Satellite Antennae. A satellite antenna may be installed on a lot in any zoning district if it complies with the following criteria: 1. Number: Only one satellite antenna may be permitted on a residential lot. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-31 5/00 LEGISLATIVE DRAFT 2. Setbacks: Interior side and rear property lines, 10 feet, except that no setback shall be required in interior side and rear setback areas if the antenna or satellite antenna does not exceed 6 feet in height. No antenna or satellite antenna shall be located in a required front yard. When roof-mounted, the antenna or satellite antenna shall be located on the rear one-half of the roof. 3. Maximum Height: a. The maximum height of a satellite antenna shall not exceed 10 feet if installed on the ground or the maximum building height for the district in which the satellite antenna is located, if roof-mounted. b.The maximum height of an antenna shall not exceed the maximum building height for the district in which the antenna is located. 4. Maximum Dimension: The maximum diameter of a satellite antenna shall not exceed 10 feet in all districts with the exception that the diameter may be increased in non-residential districts if a conditional use permit is approved by the Zoning Administrator. 5. Screening: The structural base of-a an antenna or satellite antenna, including all bracing and appurtenances, but excluding the antenna or dish itself, shall be screened from public view and adjoining properties by walls, fences, buildings, landscape, or combinations thereof not less than 7 feet high so that the base and support structure are not visible from beyond the boundaries of the site at a height-of-eye 6 feet or below. 6. Undergrounding: All wires and/or cables necessary for operation of the antenna or satellite antenna or reception of the signal shall be placed underground, except for wires or cables attached flush with the surface of a building or the structure of the antenna or satellite antenna. 7. Surface Materials and Finishes: No advertising or text or highly reflective surfaces shall be permitted. 8. Exception: Requests for installation of an antenna or satellite antennae on sites that are incapable of receiving signals when installed pursuant to the locational criteria may be permitted subject to conditional use permit approval by the Zoning Administrator. The applicant shall submit documentation that installation at a height greater than permitted, or in another yard area, is necessary for the reception of usable antenna or satellite signals. Applications shall be approved upon finding that the aesthetic value and scenic quality of the City is preserved, pedestrian or vehicular traffic vision is not obstructed, and upon the findings contained in Chapter 241. 230.82 Performance Standards For All Uses A. Applicability and Compliance. The development standards set forth in this section apply to every use classification in every zoning district unless otherwise specifically provided. The Director may require evidence of ability to comply with development standards before issuing an entitlement. B. Air Contaminants. Every use must comply with rules, regulations and standards of the South Coast Air Quality Management District(SCAQMD). An applicant for a zoning permit or a use, activity, or process requiring SCAQMD approval of a permit to construct must file a copy of the SCAQMD permit with the Director. An applicant for a use, activity,or process that requires SCAQMD approval of a permit to operate must file a copy of such permit with the Director within 30 days of its approval. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-32 5100 TYPE OF WIRELESS COMMUNICATION FACILITIES USING STEALTH TECHNIQUES Mono Palm Mono Pine loggias= Light Standard Tree � F k_ t Y r ATTACHMENT NO. 6.1 mn q m�fl ofollik mn 4 o cD p ic C mv z r— ... m 0 .4 O � z cA min - �! > n n 0r folk ° m y tD m -z 70 Z m Z m oRMil-A CA y/ N N TYPE OF COMPLETELY STEALTH WIRELESS COMMUNICATION EQUIPMENT (continued) E uipment Cabinet eY v, Y ATTACHMENT NO. 6.3 .. .. 3, �, :�. PC Minutes May 28, 2002 Page 13 B-2. ZONING TEXT AMENDMENT NO. 02-01 (WIRELESS COMMUNICATION FACILITY ORDINANCE) Applicant: City of Huntington Beach Request: To amend Chapter 230 (Site Standards) of the Huntington Beach Zoning and Subdivision Ordinance to establish wireless communication facility development regulations. The request includes amending various sections of the Huntington Beach Zoning and Subdivision Ordinance as it pertains to definitions and permitting wireless communication facilities in all districts (Residential, Commercial, Industrial, etc.). Location: Citywide Project Planner: Jason Kelley Zoning Text Amendment No. 02-01 request: - Amend Chapter 230 of the Zoning and Subdivision Ordinance (ZSO) to establish a wireless communication facility ordinance. - Amend nine sections of the ZSO to clarify use classifications and land use control for wireless communication facilities. Staffs Recommendation: Approve Zoning Text Amendment No. 02-01 and forward to the City Council for adoption based upon the following: - It will provide processing incentives for facilities that are co-located and architecturally compatible with surrounding buildings and the environment. - It will provide clearer direction to wireless providers and staff when reviewing and processing applications. Staff made a presentation to the Commission. Questions/comments included: • Abandoned wireless facilities (number of existing, removal, legal action, bond issuance, property maintenance ordinance, possible inventory program with annual review) • Administrative incentives (quick process at counter without conditional use permit) • Total number of existing facilities per square mile • 24-hour cure period to establish appropriate frequency • Height requirements (vary in different zones) • Interference (regulation/enforcement by the FCC) • Inconsistent ordinance language (FCC, County, local) THE PUBLIC HEARING WAS OPENED: Leslie Daigle, Verizon Wireless, Corona Del Mar, informed the Commission that there are approximately 120 million cell phone users in the United States. She discussed instantaneous and uninterrupted communication including voice only to voice/video data used by paramedics and commercial advertisers. She stressed the need for engineering overlay and stated that the wireless facility operators should locate on city facilities because they are long-term, worthy tenants that generate revenue. She also mentioned that not all wireless carriers own the monopoles they use. (02p=0528) ATTACHMENT 5 City of Huntington Beach Planning Department STAFF REPORT HUNI7NGTON BEACH TO: Planning Commission FROM: Howard Zelefsky, Director of Planning + BY: Jason Kelley,Assistant Planner / DATE: June 25, 2002 SUBJECT: ZONING TEXT AMENDMENT NO. 02-01 (Continued From May 28, 2002 Witb Public Hearing Closed) (WIRELESS COMMUNICATION FACILITY ORDINANCE) APPLICANT: City of Huntington Beach Planning Department,2000 Main Street, Huntington Beach, CA 92648 LOCATION: Citywide STATEMENT OF ISSUE: • Zoning Text Amendment No. 02-01 request: - Amend Chapter 230 of the Zoning and Subdivision Ordinance (ZSO) to establish a wireless communication facility ordinance. - Amend nine sections of the ZSO to clarify use classifications and land use control for wireless communication facilities. • Continued Item: — Planning Commission meeting May 28, 2002. Planning Commission approved a continuance to the June 25, 2002 Planning Commission meeting to allow staff additional time to discuss appropriate language with the City Attorney regarding abandonment procedures, penalties, and interference with the City's 800 MHz radio frequency. • Staff's Recommendation: Approve Zoning Text Amendment No. 02-01 and forward to the City Council for adoption based upon the following: - It will provide processing incentives for facilities that are co-located and architecturally compatible with surrounding buildings and the environment. - It will provide clearer direction to wireless providers and staff when reviewing and processing applications. RECOMMENDATION: Motion to: "Approve Zoning Text Amendment No. 02-01 with findings (Attachment No. 1) and forward the draft ordinance(Attachment No. 2) to the City Council for adoption." s ALTERNATIVE ACTION(S): The Planning Commission may take alternative actions such as: A. "Deny Zoning Text Amendment No. 02-01 with findings." B. "Continue Zoning Text Amendment No. 02-01 and direct staff accordingly." PROJECT PROPOSAL: Zonina Text Amendment No. 02-01 represents the following requests pursuant to Section 247.02 of the Huntington Beach Zoning and Subdivision Ordinance(ZSO): A. To amend Chapter 230 Site Standards of the ZSO by creating Section 230.96 Wireless Communication Facilities which establishes specific guidelines for wireless communication facilities. The legislative draft is provided in Attachment No. 3; and B. To amend nine sections of the ZSO as listed below as they pertain to definitions involving wireless facilities and where wireless facilities are permitted. The legislative draft is provided in Attachment No. 4. ➢ Section 203.06 Definitions ➢ Section 204.10 Commercial Use Classifications ➢ Section 210.04 RL RM RMH RH and RMP Districts: Land Use Controls ➢ Section 21.1.04 CO CG and CV Districts: Land Use Controls ➢ Section 212.04 IG and IL Districts: Land Use Controls ➢ Section 213.06 OS District: Land Use Controls ➢ Section 214.06 PS District: Land Use Controls ➢ Section 230.72 Exceptions to Height Limits ➢ Section 230.80 Antennae The proposed ordinance along with the other amendments to the ZSO represent a comprehensive set of development requirements for wireless facilities. The City has initiated the proposed amendments because the ZSO currently does not address development regulations for wireless communication facilities. The ordinance is intended to model the streamlined approach of the existing wireless facility policy and give clearer direction to wireless providers and staff when reviewing and processing applications. Background At the May 28, 2002 Planning Commission meeting, discussion focused on the amount.of work required by staff to deem an inoperable wireless facility abandoned. The Commission believed the burden should be placed on the wireless operator to notify the City when a facility is unused or becomes inoperable and assess penalty fees when the wireless operator fails to notify the City. PC Staff Report—6/25/02 -2- (02SR22a ZTA 02-01) In addition, the Planning Commission raised a few questions regarding a late communication that was submitted by Sarah Burbidge, an attorney for AT&T. Sarah Burbidge requested revising the interference language to indicate compliance with FCC standards regarding interference. She also requested revising Section G1 to exempt applicants from local lease agreement requirements provided the applicant shows documentation indicating it is a state-franchised telephone corporation. ANALYSIS: In response to the Planning Commission, language has been added to Section J of the proposed ordinance (Attachment Nos. 3.7 & 3.8) to require the facility operator to notify the City if a wireless facility becomes inoperable. These provisions augment the abandonment and removal sections presented at the May 28tn Planning Commission meeting and will assist staff in tracking the operational status of wireless communication facilities. In addition, the City Attorney suggested deleting Section J5, which relates to violations because any violation of the Zoning and Subdivision Ordinance would be subject to the regulations set forth in Section 1.16 (General Penalty/Enforcement) of the Huntington Beach Municipal Code. (Attachment No. 3.9) In practice, if in notifying the City the operator does not indicate a transfer of ownership or the operator does not resume operation of the facility within six months of the notification, staff will determine if the City should pursue deeming the facility abandoned. If the City pursues abandonment, then Section J2 abandonment procedures will be implemented. In addition, if the wireless operator fails to notify the City within 30 days of cessation of operations of a wireless facility and the City has reasonable belief the facility is inoperable, abandonment and violation procedures may be pursued. In reviewing the comments from the attorney for AT&T Wireless, staff has made the following revisions to the proposed ordinance: a. The previous Section E5(a) (renumbered to E5(b)) relates to interference with the City of Huntington Beach or countywide communication system. Sarah Burbidge requested revising this condition by adding the statement that the applicant shall comply with all FCC standards and regulations regarding interference and the assignment of the use of the radio frequency spectrum. Staff has revised this condition by adding the suggested language; however, the existing language remains to ensure that there is no interference with the City of Huntington Beach and the countywide 800 MHz radio frequency systems. In addition, the Fire and Police Departments have recommended additional provisions pertaining to interference which have been included in Sections E5(a), E5(c) and E5(e). (Attachments No. 3.5 and 3.6) b. Section G1, which relates to facilities in the public right-of-way states that a franchise agreement with the City is required for all wireless communication facilities constructed on or beneath the public right-of-way. Staff has revised the language by adding: "the applicant must provide documentation demonstrating that the applicant is a state-franchised telephone corporation exempt from local franchise requirements." This language is consistent with FCC requirements for state- franchised telephone corporations. (Attachment No. 3.6) PC Staff Report—6/25/02 -3- (02SR22a ZTA 02-01) SUMMARY: Zoning Text Amendment No. 02-01 modifies the Huntington Beach Zoning and Subdivision Ordinance for the purpose of providing a streamlined approach and a higher standard of development for future wireless facilities. Additionally, it addresses City concerns regarding interference and abandonment procedures. Staff recommends that the Zoning Text Amendment No. 02-01 be approved for the following reasons: ➢ It will provide processing incentives for facilities that are co-located and architecturally compatible with surrounding buildings and the environment. ➢ It will provide clearer direction to wireless providers and staff when reviewing and processing applications. ATTACHMENTS: 1. SuggeatCul 2. 44&4-01111di aiuP 3. Legislative Draft for Wireless Communication Ordinance SH:MBB:JK:rl PC Staff Report—6/25/02 -4- (02SR22a ZTA 02-01) LEGISLATIVE DRAFT 230.96 Wireless Communication Facilities A. Purpose. All wireless communication facilities shall comply with these requirements and guidelines in order to regulate the location and design of wireless facilities for the protection of public safety, general welfare, and quality of life in the City of Huntington Beach. B. Permit Required. 1. Administrative approval by the Director may be granted for proposed wireless communication facilities(including but not limited to ground mounted, co-located, wall, roof, or utility mounted) that are: a. Co-located to approved facilities at existing heights or complies with the base district height limit for modified facilities, and compatible with surrounding buildings and land uses by incorporating stealth techniques. b. Completely stealth facilities and complies with the base district height limit. c. Facilities in non-residential districts and in compliance with the maximum building height permitted within the zoning district; and d. Screened from view and not visible from beyond the boundaries of the site at eye level (six feet); or e. Substantially integrated with the architecture of the existing building or structure to which it is to be mounted; or f. Designed to be architecturally compatible with surrounding buildings and land uses by incorporating stealth techniques. 2. Conditional use permit approval by the Zoning Administrator shall be required for all proposed wireless communication facilities (including but not limited to ground mounted, co-located, wall, roof or utility mounted)that are: a. Exceeding the maximum building height permitted within the zoning district; or b. Visible from beyond the boundaries of the site at eye level (six feet); or c. Not substantially integrated with the architecture of the existing building or structure to which it is to be mounted; or d. Not designed to be architecturally compatible with surrounding buildings and land uses;or e. Facilities in residential districts that do not meet B.1.a or B.l.b. 1 ATTACHMENT NO. 3.1 LEGISLATIVE DRAFT 3. Design review shall be required for wireless communication facilities located in redevelopment areas, on public right-of-ways, in OS-PR and PS zones, in areas subject to specific plans, on or within 300 feet of a residential district and in areas designated by the City Council. Design review is not required for wireless communication facilities that comply with section B.1. C. Definitions. For the purpose of this section, the following definitions for the following terms shall apply: 1. Accessory Structure. Any structure or equipment that is to be located ancillary to an antenna or antennas in the establishment and operation of a wireless communication facility. 2. Co-Location or Co-Located. The location of multiple antennas which are either owned or operated by more than one service provider at a single location and mounted to a common supporting structure, wall or building. 3. Completely Stealth Facility. Any stealth facility that has been designed to completely screen all aspects of the facility including appurtenances and equipment from public view. Examples of completely stealth facilities may include,but are not limited to architecturally screened roof-mounted antennas, facade mounted antennas treated as architectural elements to blend with the existing building, flagpoles, church steeples, fire towers, and light standards. 4. Ground Mounted Facility. Any wireless antenna that are affixed to a pole, tower or other freestanding structure that is specifically constructed for the purpose of supporting an antenna. 5. Microwave Communication. The transmission or reception of radio communication at frequencies of a microwave signal(generally, in the 3 GHz to 300 GHz frequency spectrum). 6. Pre-existing Wireless Facility. Any wireless communication facility for which a building permit or conditional use permit has been properly issued prior to the effective date of this ordinance, including permitted facilities that have not yet been constructed so long as such approval is current and not expired. 7. Roof Mounted. Any wireless antenna directly attached or affixed to the roof of an existing building, water tank, tower or structure other than a telecommunications tower. 8. Stealth Facility or Techniques. Any wireless communication facility, which is designed to blend into the surrounding environment,typically, one that is architecturally integrated into a building or other concealing structure. See also definition of completely stealth facility. 2 ATTACHMENT NO. 3.2 LEGISLATIVE DRAFT 9. Telecommunication Facility. A wireless communication facility that is either wall mounted, utility mounted, or roof mounted. 10. Utility Mounted. Any wireless antenna mounted to an existing above-ground structure specifically designed and originally installed to support utilities such as but not limited to electrical power lines, cable television lines, telephone lines, non-commercial wireless service antennas, radio antennas, street lighting, recreational facility lighting, traffic signal equipment or any other utility which meets the purpose and intent of this definition. 11. Wall Mounted. Any wireless antenna mounted on any vertical or nearly vertical surface of a building or other existing structure that is not specifically constructed for the purpose of supporting an antenna(including the exterior walls of a building, an existing parapet, the side of a water tank, the face of a church steeple, or the side of a freestanding sign) such that the highest point of the antenna structure is at an elevation equal to or lower than the highest point of the surface on which it is mounted. 12. Wireless Communication Facility or Facility. An antenna structure and any appurtenant facilities or equipment that are used in connection with the provision of wireless communication service, including, but not limited to digital, cellular and radio service. D. Applicability. 1. All wireless communication facilities which are erected, located, or modified within the City of Huntington Beach on or following the effective date of section 230.96 shall comply with these guidelines, subject to the categorical exemptions under subparagraph (3) of this section, provided that: a. All facilities, for which applications were determined complete by the Planning Department prior to the effective date of this section, shall be exempt from these regulations and guidelines. b. All facilities for which Building and Safety issued building permits prior to the effective date of section 230.96 shall be exempt from these regulations and guidelines, unless and until such time as subparagraph (2) of this section applies. c. Any facility, which is subject to a previously approved and valid conditional use permit, maybe modified within the scope of the applicable permit without complying with these regulations and guidelines. 2. All facilities for which building permits and any extension thereof have expired shall comply with the provisions of section 230.96. 3. The following uses shall be exempt from the provisions of section 230.96 until pertinent federal regulations are amended or eliminated. See Section 230.80 (Antennae) for additional requirements. 3 ATTACHMENT NO. 3.3 LEGISLATIVE DRAFT a. Any antenna structure that is one meter(39.37 inches) or less in diameter and is designed to receive direct broadcast satellite service, including direct-to-home satellite service for television purposes, as defined by Section 207 of the Telecommunication Act of 1996, Title 47 of the Code of Federal Regulations, and any interpretive decisions thereof issued by the Federal Communications Commission(FCC). b. Any antenna structure that is two meters (78.74 inches) or less in diameter located in commercial or industrial zones and is designed to transmit or receive radio communication by satellite antenna. c. Any antenna structure that is one meter(39.37 inches) or less in diameter or diagonal measurement and is designed to receive Multipoint Distribution Service,provided that no part of the antenna structure extends more than five (5) feet above the principle building on the same lot. d. Any antenna structure that is designed to receive radio broadcast transmission. e. Any antenna structure used by authorized amateur radio stations licensed by the FCC. E. Facility Standards. 1. Aesthetics: a. Facility: All screening used in conjunction with a wall or roof mounted facility shall be compatible with the architecture of the building or other structure to which it is mounted, including color, texture and materials. All ground mounted facilities shall be designed to blend into the surrounding environment, or architecturally integrated into a building or other concealing structure. b. Equipment/Accessory Structures: All equipment associated with the operation of the facility, including but not limited to transmission cables, shall be screened in a manner that complies with the development standards of the zoning district in which such equipment is located. Screening material and support structure housing equipment shall be architecturally compatible with surrounding structures by duplicating materials and design in a manner as practical as possible. If chain link is used, then it must be vinyl coated and not include barbed wire. c. General Provisions: All Wireless Communication Facilities shall comply with the Huntington Beach Urban Design Guidelines. 2. Buildin Codes: To ensure the structural integrity of wireless communication facilities, the owners of a facility shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for facilities that are published by the Electronic Industries Association, as amended from time to time. 4 ATTACHMENT NO. 3.4 LEGISLATIVE DRAFT 3. Conditions of Ap roval: Acceptance of conditions by the applicant and property owner shall be ensured by recordation of the conditions on the property title. 4. Federal Requirements: All Wireless Communication Facilities must meet or exceed current standards and regulations of the FCC, and any other agency of the state or federal government with the authority to regulate wireless communication facilities. 5. Interference: To eliminate interference the following provisions shall be required for all wireless communication facilities regardless of size: a. Prior to issuance of a building permit, the applicant must submit the following information to the Police Department for review: 1. All transmit and receive frequencies; 2. Effective Radiated Power (ERP); 3. Antenna height above ground; and 4. Antenna pattern, both horizontal and vertical (E Plane and H Plane). b. At all times, other than during the 24-hour cure period, the applicant shall comply with all FCC standards and regulations regarding interference and the assignment of the use of the radio frequency spectrum. The applicant shall not prevent the City of Huntington Beach or the countywide system from having adequate spectrum capacity on the City's 800 MHz voice and data radio frequency systems. The applicant shall cease operation of any facility causing interference with the City's facilities immediately upon the expiration of the 24-hour cure period until the cause of the interference is eliminated. c. Before activating its facility, the applicant shall submit to the Police and Fire Departments a post-installation test to confirm that the facility does not interfere with the City of Huntington Beach Public Safety radio equipment. The Communications Division of the Orange County Sheriff's Department or Division-approved contractor at the expense of the applicant shall conduct this test. This post-installation testing process shall be repeated for every proposed frequency addition and/or change to confirm the intent of the "frequency planning" process has been met. d. The applicant shall provide to the Planning Department a single point of contact (including name and telephone number) in its Engineering and Maintenance Departments to whom all interference problems may be reported to insure continuity on all interference issues. The contact person shall resolve all interference complaints within 24 hours of being notified. 5 ATTACHMENT NO. 3.5 LEGISLATIVE DRAFT e. The applicant shall insure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of the applicant to comply. 6. Li htin : All outside lighting shall be directed to prevent "spillage" onto adjacent properties, unless required by the FAA or other applicable authority, and shall be shown on the site plan and elevations. 7. Maintenance: All facilities and appurtenant equipment shall be maintained to remain consistent with the original appearance of the facility. Ground mounted facilities shall be covered with anti-graffiti coating. 8. Monitoring: For all wireless communication facilities, the applicant shall provide a copy of the lease agreement between the property owner and the applicant prior to the issuance of a building permit. 9. Signs: The facility shall not bear any signs or advertising devices other than certification, warning, or other required seals of signage. F. Site Selection. For all wireless communication facilities, the applicant shall provide documentation that demonstrates the following: 1. Compatibility with the surrounding environment or architecturally integrated into a structure. 2. Screened or camouflaged by existing or proposed topography, vegetation,buildings or other structures as measured from beyond the boundaries of the site at eye level (six feet). 3. Massing and location of the proposed facility are consistent with surrounding structures and zoning districts. 4. No portion of a wireless communication facility shall project over property lines. G. Facilities in the Public Richt-of-Way. Any wireless communication facility to be placed over, on or beneath the public right-of-way shall comply with the following standards: l. Any wireless communication facilities to be constructed on or beneath the public right-of- way must have a franchise agreement with the City or the owner that has a wireless franchise agreement with the City, or the applicant must provide documentation demonstrating that the applicant is a state-franchised telephone corporation exempt from local franchise requirements. 2. All equipment associated with the operation of a facility, including but not limited to transmission cables, shall be placed underground in those portions of the street, sidewalks 6 ATTACHMENT NO. 3.6 LEGISLATIVE DRAFT and public rights-of-way where cable television, telephone or electric lines are underground. At no time shall equipment be placed underground without appropriate conduit. 3. The City Engineer shall approve the location and method of construction of all facilities located within public rights-of-way. 4. All wireless communication facilities shall be subject to applicable City permit and inspection fees, including, but not limited to, those pertaining to encroachment permits and all applicable fees. 5. Any wireless communication facility installed, used or maintained within the public rights-of-way shall be removed or relocated when made necessary by any"project." For purposes of this section, project shall mean any lawful change of grade, alignment or width of any public right-of-way, including but not limited to, the construction of any subway or viaduct that the City may initiate either through itself, or any redevelopment agency, community facility district, assessment district, area of benefit, reimbursement agreement or generally applicable impact fee program. 6. Wireless communication facilities maybe installed on existing utility poles, conduits and other facilities of a public utility, with the approval of the City Engineer,provided a franchise agreement exists allowing wireless installation. 7. Prior to the approval of any required building permits or entitlements (Conditional Use Permits, Variances, etc.) the applicant shall have a franchise agreement approved by the City Council. H. Facilities on Public Property. Any wireless communication facility to be placed over, on or beneath public property shall comply with the following standards: 1. Wireless communication facilities shall be installed in accordance with all applicable City codes and ordinances, including, but not limited to, standards for paving in the event that any undergrounding of utilities is required. 2. Any wireless communication facilities to be constructed on or beneath public property must have a lease agreement with the city. 1. Additional Requirements. 1. Landscaping: Landscape planting, irrigation and hardscape improvements may be imposed depending on the location, the projected vehicular traffic, the impact on existing facilities and landscape areas, and the visibility of the proposed facility. Submittal of complete landscape and architectural plans for review and approval by the Directors of Public Works and Planning may be required. Public Works inspectors may require additional improvements during installation based on facility impacts. 7 ATTACHMENT NO. 3.7 LEGISLATIVE DRAFT 2. UtililAgreement: If the proposed facility will require electrical power or any other utility services to the site,the applicant will be required to furnish the City's Real Estate Services Manager, either a drafted utility franchise agreement between the City of Huntington Beach and the applicant to place those lines in the public right-of-way, or a written statement from the utility company who will be supplying the power or other services, that they accept all responsibility for those lines in the public right-of-way. J. Facility Removal/V444eg. 1. Cessation of Operation: Within thirty (30) days of cessation of operations of any wireless communications facility approved under this section, the operator shall notify the Planning Department in writing. The facility shall be deemed abandoned pursuant to the following sections unless: a. The City has determined that the operator has resumed operation of the wireless communication facility within six (6) months of the notice; or b. The City has received written notification of a transfer of wireless communication operators. 2. Abandonment: A facility that is inoperative or unused for a period of six(6) continuous months shall be deemed abandoned. Written notice of the City's determination of abandonment shall be provided to the operator of the facility and the owner(s) of the premises upon which the facility is located. Such notice may be delivered in person, or mailed to the address(es) stated on the facility permit application, and shall be deemed abandoned at the time delivered or placed in the mail. 3. Removal of Abandoned Facility: The operator of the facility and the owners(s) of the property on which it is located shall within thirty(30) days after notice of abandonment is given either(1) remove the facility and restore the premises, or(2) provide the Planning Department with written objection to the City's determination of abandonment. Any such objection shall include evidence that the facility was in use during the relevant six- (6) month period and that it is presently operational. The Director shall review all evidence, determine whether or not the facility was properly deemed abandoned, and provide the operator notice of its determination. 4. Removal by City: At any time after thirty-one(31) days following the notice of abandonment, or immediately following a notice of determination by the Director, if applicable, the City may remove the abandoned facility and/or repair any and all damage to the premises as necessary to be in compliance with applicable codes. The City may, but shall not be required to, store the removed facility(or any part thereof). The owner of the premises upon which the abandoned facility was located, and all prior operators of the 8 ATTACHMENT NO. 3.8 LEGISLATIVE DRAFT facility, shall be jointly liable for the entire cost of such removal, repair, restoration and/or storage, and shall remit payment to the City promptly after demand thereof is made. The City may, in lieu of storing the removed facility, convert it to the City's use, sell it, or dispose of it in any manner deemed appropriate by the City. 9 ATTACHMENT NO. 3.9 ATT�A, CH' M. . ENT.. ,,,, Re: Draft Wireless Ordinance Page 1 of 2 Kelley, Jason From: Sarah Burbidge [SBurbidge@mallp.com] Sent: Tuesday, May 28, 2002 3:25 PM To: Kelley, Jason Cc: leslie daigle; dan smith Subject: Re: Draft Wireless Ordinance Thank you Jason, for emailing the draft ordinance and staff report to me today. We first received notice of the agenda item last Friday from another carrier; hence this last minute email. As we have discussed, I am one of the attorneys for AT&T Wireless, and, having quickly reviewed this draft, would like to express two initial concerns. First, with respect to facilities within the public right-of-way, in section G(1) the ordinance requires a franchise agreement with the City. Like other telephone corporations(as defined within the state Public Utilities Code sections 7901, 7901.1, 233, 234), AT&T Wireless holds a state franchise to place facilities within the public right-of-way,and is therefore exempt from any local franchise agreement requirement. AT&T Wireless is of course not exempt from the normal conditions of an encroachment permit(obligating it to repair damage, maintain insurance etc.). To address the state franchise issue, we suggest that at the end of Section G(1) you add the phrase: or the applicant must provide documentation demonstrating that the applicant is a state- franchised telephone corporation exempt from local franchise requirements." Second, in Section E(5)(a) the first sentence purports to regulate the assignment of frequency spectrum. Regulation of the airwaves, the assignment of frequency, and frequency interference regulation are entirely preempted by the Federal Communications Commission. Accordingly this portion should be revised to state that"the applicant will comply with all FCC standards and regulations regarding interference and the assignment and use of radio frequency spectrum." We may have other comments to raise, and therefore look forward to discussing this further. Thank you. Sarah Burbidge Mackenzie& Albritton LLP 1 Post Street, Suite 500 San Francisco, CA 94104 (415) 288-4000 (415) 288-4010(fax) � �� "77,71 CITY FE OF HUNTINGTON BEACH INTER OFFICE COMMUNICATION Community Development Department TO: Planning Staff FROM: Howard Zelefsky, Planning Director DATE: May 9, 1996 SUBJECT: WIRELESS COMMUNICATIONS FACILITIES (WCF) POLICY REFERENCE: Section 204.10.J of the ZSO To clarify the procedure for establishing wireless communication facilities (WCF) in the City of Huntington Beach, the following shall apply: A. GENERAL PROVISIONS 1. WCF are classified as Communication Facilities (Section 204.1OJ) and include cellular antennas, poles, equipment buildings, and base transceiver stations(BTS). 2. WCF facilities shall be permitted in commercial, industrial, public-semipublic, open space- parks and recreation districts and in commercial and industrial areas of specific plan districts subject to provisions herein. 3. WCF facilities shall comply with the maximum building height and setback requirements of the district in which they are located. Section 230.72, exception to height limits relative to the additional ten feet provision does not_pply to such antennas. However, exceptions to exceed the base district height limit may be approved by the Zoning Administrator pursuant to a conditional use permit. 4. Construction shall be subject to the provisions of the Uniform Building Code, as adopted by the City. 5. All building mounted facilities shall be painted the color of the building or roof, depending on location of the facility. 6. Plans for WCF shall include a fully dimensioned site plan, and elevations depicting colors, maximum height, and type of fencing material(if applicable). If chain link, it must be vinyl coated and not include barb wire. B. PERMIT REQUIRED 1. Administrative approval by the Director may be granted for the following uses on private property: a. Roof mounted antennas (no poles) that are screened from view and not visible from beyond the boundaries of the site at eye level(six feet). A cross section/elevation depicting the antenna from all sides shall be provided to demonstrate compliance with this provision. b. Visible antennas attached to building walls that blend with the color and design of the building and are non-obtrusive. c. Freestanding antenna poles (attached to or setback from a building) and greater than 300 feet from property zoned residential. 2. Conditional Use Permit approval by the Zoning Administrator is required on private and public property, prior to construction, if: a. The antenna is roof mounted and visible from beyond the boundaries of the site at eye level(six feet). b. The antenna is freestanding(attached to or setback from a building) and within 300 feet of property zoned residential. c. The antenna exceeds height limit for the base district. 3. In addition, WCF proposed on public property shall be submitted to the Fire Chief for review by the Wireless Communication Sub-Committee and will be required to be forwarded by staff to the City Council for review and approval of a standard lease and license agreement prior to processing of any required entitlements. The applicant may elect to begin simultaneous review of any entitlements needed, however, final approval shall not be given until after City Council approves the standard lease and license agreement. 4. In addition to the above, Design Review Board approval is required for WCF on sites within redevelopment areas, on public right-of-ways, in Public-Semipublic districts, in Open Space- Parks and Recreation Districts, on sites within 300 feet of property zoned residential, and on sites adjacent to Beach Boulevard, Edinger Avenue, and Pacific Coast Highway. DRB action is not required when an antenna complies with B.1. The Planning Director may elect to refer a WCF to the Design Review Board, Zoning Administrator, or Planning Commission depending upon the type and location of proposed improvements, and potential impacts to surrounding properties pursuant to Section 202.10.0 of the Huntington Beach Zoning and Subdivision Ordinance. Therefore, all building permit requests for WCF shall be taken in for plan check processing. STX,--E OF CALIFORNIA-THE RESOURCES AGENCY GRAY DAVIS Governor CALIFORNIA COASTAL COMMISSION ! ! South Coast Area Office 200 Oceanga,e,Suite 1000 Long Beach,CA 90802-4302 eahk (562)590-5071 August 5, 2002 1 0 Jason Kelley Planning Department 2000 Main Street Huntington Beach, CA 92648 Re: Public Hearing Notice Zoning Text Amendment No. 02-01 Wireless Communications Facilities Ordinance Dear Mr. Kelley, The above-described Public Hearing Notice was received in this office on July 30, 2002. The proposed amendment would modify Chapter 230 (Site Standards) of the Huntington Beach Zoning and Subdivision Ordinance (ZSO) to establish wireless communications facility development regulations. This letter is to clarify that the proposed Zoning Text amendment will require approval from the Coastal Commission in addition to any required local government approvals in order to be fully effective. This is necessitated by the fact that the City's Zoning and Subdivision Ordinance, of which Chapter 230 is a part, comprises the Implementation Plan (IP) portion of the City's Local Coastal Program (LCP). Changes to the LCP are not effective within the coastal zone without approval from the Coastal Commission. It is important that each change to the City's ZSO be submitted for Commission review in order to assure that the document used by the City and the document used by the Coastal Commission when evaluating projects are consistent. Any future public hearing notices should characterize the amendment as an LCP amendment as well as a zoning text amendment. This should also be stated on the record at that public hearing. Please do not hesitate to contact me at the above telephone number with any questions regarding this matter. Sincerely, �L,v Me Vel hn J g g Staff Analyst CC: Mary Beth Broeren, Planner ou Connie Brockway, City Clerk w ' HNB ZTA Itr 8.5.02 my tJ" ' RECEIVE® South Coast Region NOTICE OF PUBLIC HEARING JUL 3 0 2002 BEFORE THE CITY COUNCIL OF THE CALIFORNIA CITY OF HUNTINGTON BEACH COASTAL COMMISSION NOTICE IS HEREBY GIVEN that on Monday, August 5, 2002, at 7:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following planning and zoning items: ❑ 1. ZONING TEXT AMENDMENT NO. 02-01 (WIRELESS COMMUNICATIONS FACILITIES ORDINANCE) Applicant: City of Huntington Beach Request: To amend Chapter 230 (Site Standards) of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to establish wireless communication facility development regulations. The request includes amending various sections of the HBZSO as it pertains to definitions and permitting wireless communication facilities in various districts (residential, commercial, industrial, etc.). Location: Citywide Planner Assigned: Jason Kelley NOTICE IS HEREBY GIVEN that Item No. 1 is categorically exempt from the provisions of the California Environmental Quality Act. ON FILE: A copy of the proposed request is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office on Friday, August 2, 2002. 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 (714) 536-5271 and refer to the above items. Direct your written communications to the City Clerk Connie Brockway, City Clerk City of Huntington Beach. 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 (2\1ee31s1.CCLGFRb12'02cc0,405) C` N ZONING TEXT AMENDMENT t NO. 02-01 WIRELESS COMMUNICATION =_> FACILITY ORDINANCE BACKGROUND ➢City-initiated proposal of a wireless ordinance to include: ➢Codification of the existing policy. ➢Streamline processing. ➢Higher quality of design. ➢Clearer direction to applicants and staff when reviewing and processing applications. L KML� N�(A%/__ACV_ 1 PROPOSED ORDINANCE ➢Allows Administrative Approval for: ➢Co-located facilities providing stealth design. ➢Completely stealth facilities in all zoning districts. ➢Stealth facilities in non-residential districts. ➢Facilities not visible from public view, integrated within the architecture of the building, or architecturally compatible with surrounding environment. ➢Facilities in compliance with the base district height limit. ➢Requires a CUP to ZA for facilities not complying with above requirements. COMPLETELY STEALTH FACILITY i- Zvi Within Hose Tower Within Flagpole 2 STEALTH FACILITY Mono-Palm Mono-Pine PROPOSED ORDINANCE (cont'd) ➢Establishes requirements for facilities` ➢Located in public right-of-way. ➢Located on public property. ➢Establishes requirements for applicants: ➢To comply with FCC restrictions. ➢To comply with interference restrictions. ➢To comply with abandonment procedures. 3 OTHER AMENDMENTS TO ZSO INCLUDE ➢Revising Definitions to include wireless communication facilities. ➢Modifying Commercial Use Classification by replacing "cellular telephone" with"wireless commumcatnon facilities." ➢Revising Land Use Controls to indicate where communication facilities are permitted. ➢Revising Exceptions to Height Limits to include wireless facilities. ➢Revising Antennae Section to regulate antennas that are exempt from the Wireless Communication Ordinance. RECOMIMIENDATION Manning Commission and Staff Recommend Approval Because: ➢Consistent with General Plan goals and policies. ➢It provides processing incentives for facilities designed using stealth techniques. ➢It provides clearer direction to staff and wireless operators when processing applications. 4 � 4 r • # r ' .,. r. 1�` Y ,pia.,.•: ' QNB car f t CITYOF 4 F d 1. p.rtt. ln' C� f . Iy on Beac `1 Couetc Fond A h CiI ,T �: �rs �_ plahninriCf1 wilt Ma. PROOF OF PUBLICATION gandzonin g I ems: plc `hearing 1• ZONING y 4� CoMM�NICATIONSEXT AMEN f Of Hun .Beach, Request- To N0. 02-Q1 STATE OF CALIFORNIA) FACILITIESORDINANCE (II1IIREtESSP toesfablish fmgton Beach amend Chapter Z ppl�cantr! City.,.. o SS. wireless Zoning and Subdivision p Sitetandards The request includes communication facility inancei (HBZSo Countyof Orange ) pertains to amending various Y deYelopnt r g definitions sections of H egulations• in various districts and permitting wire) ess I am a Citizen of the United States a p�car Cit (resrdent�al,commercial, s°bm;a unkat<o SO as ;t Ywide facilities resident of the County aforesaid; si",d:lo$ ,etc, , ' NOTICE lS HERE By, �Kelley GIVEN that it over the age of eighteen years, and f ON Fj�provisions ofthe Cni;f � No. i is'categoricallyt party to or interested • to the Office E• A copy of the Drina Environmental toxemot entitled matter. I am a rinci al c . � Main, proposed re Quality Act• P P 1' #ia4.by„fie Street, 'Huntington is on file in the Cit the HUNTINGTON BEACH INDEPENC to interested , ic�:A.cy of the Beach, Califoinio Y,Cterks newspaper of general circulation, 20p2 parties at the City Gterk's re 2&Qg; for P port.wilt,be.arena and published in the City of Hur ALL IIERESTED p ice °n T'riday, A P express opinions ERSdIVS are invited to 2, Beach Countyof Orange, ou#I;ned attend f, , g above. if or submit evidence for said'horn r California, and that attached Nc amaytbbe ►imited to a° ;ng� nge t y or against,the a #qn he Ctt Pl�ica#�� : true and complete copy as wa' c©ryes o he public hearing described IssueSts oo ed in You or so You P ndenCe delivered to notice and published in the Huntingtc If there this n "r i P are any further Vie,City at, or,prior or �n ` 14 en and Fountain Valley issues at (714) 536-5271 a questjohs Please call t #o',the public he ng+ newspaper to wit the issue(s) of: communications#o the and refer to the above ;tee Planning Depar, Cogne Br-, t City lerk: ins. Direct your ant Main Street wreo 2nd ►oo City of Hwrtingt July 25 , 2002 Published Huntington Bey (714)S36-5 Beach,Calf on gy, . h In .27enders#ihl ,25 ' I declare, under penalty of perjury, that the foregoing is true and correct. Executed on July 25 , 2002 at Costa Mesa, California. Signature MIL 74, MEETING DATE: DEPARTMENT SUBJECT: REQUESTING: Fire Revision of the City's Firemed Emergency Medical Services Fee Schedule Ec Dev 2002/03 CDBG/Home Action Paln Building/Fire Fees Ec Dev Village Senior Apartments Planning $ 4 Cgs11C TODAY'S DATE July 18, 2002 VERIFIED BY ADMININSTRATION: APPROVED BY: Ray Silver City Administrator 7/18/2002 11:59 AM NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, August 5, 2002, at 7:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following planning and zoning items: ❑ 1. ZONING TEXT AMENDMENT NO. 02-01 (WIRELESS COMMUNICATIONS FACILITIES ORDINANCE) Applicant: City of Huntington Beach Request: To amend Chapter 230 (Site Standards) of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to establish wireless communication facility development regulations. The request includes amending various sections of the HBZSO as it pertains to definitions and permitting wireless communication facilities in various districts (residential, commercial, industrial, etc.). Location: Citywide Planner Assigned: Jason Kelley NOTICE IS HEREBY GIVEN that Item No. 1 is categorically exempt from the provisions of the California Environmental Quality Act. ON FILE: A copy of the proposed request is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office on Friday, August 2, 2002. 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 (714) 536-5271 and refer to the above items. Direct your written communications to the City Clerk Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 (g\1ega1s\CCLGFRM2\02cc0805) 1 CITY COUNCiUREDEVELOPMENT AGENCY PUBLIC HEARING REQUEST SUBJECT: ZT .OZ .O 1 4d t ec'!eS -7 DEP Tlv>E'NT• A n✓1 n (� MEETING DATE:,A;,.),' S CO ACT: JAI a✓1 C.i 'Y PHONE:_ t5-S`3 NIA YES NO ( } (✓� ( ) Is the notice attached? Do the Heading and Closing of Notice reflect City Council(and/or Redevelopment Ageacy)hearing? Are the date,'day and time of the public hearing correct? t ( ( ) ( } If an appeal,is the appecant's name included in the notice? ( ( ) ( ) If Coastal Development Permit,does the notice include appeal language? ( ) ( ) (0/ Is there an Erivironmental Status to be approved by Council? ( ) ( ) Is a map attached for publication? Is a larger ad required? Siz;-4 A&1✓ 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 appelianes name and address part of the mailing labels? If Coastal Development Permit,is the Coastal Commission part of the mailing labels? 3 If Coastal Development Permit,are the resident labels attached? ( } { ) Is the Report 33433 attached? (Economic Development Dept items only) Pleas complete the following: 1. Minimum days from publication to hearing date • 2. Number of times to be published ` 3. Number of days between,publications ► —)A- 21 PUBLIC HEARING NOTIFICATION CHECKLIST"B" MAILING LABELS—April 19,2002 G:Labels\Labels\Public Hearing President 1 Hun n Harbor POA 10 H.B.Chamber of Commerce P. O. Box 7 2100 Main Street,Suite 200 Sunset Beach,CA 90 Huntington Beach,CA 92648 Betty jo Woollett 2 William D.Holman 11 Sue John 16 Orange County Assoc.of Realtors PLC 19671 Quiet Bay e 25552 La Paz Road 19 Corporate Plaza Drive Huntington Beach,CA Laguna Hills,CA 92653 Newport Beach CA 92660-7912 Presi 3 Mr.Tom Zanic 12 Edna Littlebury 17 Amigos De o ca New Urban West Gldn St. Mob.Hm. Owners Leag. 16531 Bolsa Chica Stre to 312 520 Broadway Ste. 100 11021 Magnolia Blvd. Huntington Beach,CA 92649 Santa Monica,CA 90401 Garden Grove, CA 92642 et Beach Community Assoc. 4 Pres.,H.B. Hist Society 13 Pa oast Archaeological 18 Pat Thies, z C/O Newland House Museum Society,Inc. PO Box 215 19820 Beach Blvd. P.O.Box 10926 Sunset Beach,CA 90742-0215 Huntington Beach,CA 92648 Costa Mesa,CA 92627 Attn:Jane Gothold President 5 Community Services Dept. 14 Tom ews 19 Huntington Beach Tomorrow Chairperson O.C.Ping.& Services Dept PO Box 865 Historical Resources Bd. P.O.Box 4048 Huntington Beach,CA 92648 Santa Ana,CA 92702-404 Julie Vandermost 6 Coun ' g 15 Vicky 19 BIA-OC 1706 Orange Av . O.C.Public Fac • Res.Dept 9 Executive Circle#100 Huntington Beach,CA 9 P. O.Box 4048 Irvine Ca 92714-6734 Santa Ana,CA 92702-4848 Richard p' 7 'eetzel 16 SCAG 818 West 7th,12th Floor 19391 Shady ai Circle Los Angeles,CA 90017 Huntington Beach,CA E.T.I.Corral 100 8 John Roe 16 Mary Bell Seacliff HOA 20292 Eastwood Cir. 19382 Surfdale Lane Huntington Beach,CA 92646 Huntington Beach,CA �92648 Frank Caponi 9 Lou Mauer 16 PI Dir. 20 Environmental Board Chairman Seacliff HOA City of Costa a 6662 Glen Drive 19821 Ocean Bluff Circle P.O.Box 1200 Huntington Beach,CA 92647 Huntington Beach CA 92648 Costa Mesa,CA 92628-1200 PUBLIC HEARING NOTIFICATION CHECKLIST"B" MAILING LABELS—April 19,2002 G:Labels\Labels\Public Hearing P Dir. 21 'taly ford,Superintendent 29 C View Estates HOA 37 City of Fo Valley School Dist. Carrie 10200 Slater Ave. 20451 Craimer Lane 6642 Trotter Driv Fountain Valley,CA 92 Huntington Beach,CA 9264 Huntington Beach CA 92 PI Director 22 Je hanan 29 Co View Estates HOA 37 City of Wes ter HB City e aq School Dist. Gerald Chap 8200 Westminster 20451 Crauner Lane 6742 Shire Circle Westminster,CA 92683 Huntington Beach,CA 92 Huntington Beach CA 92G Planning ctor 23 Jame es 30 tons HOA 37 City of Seal Be Ocean View entary Keystone c Prop.Mangmt.Inc. 211 Eight St. School District 16845 Von Karin venue,Suite 200 Seal Beach,CA 90740 17200 Pinehurst Lane Irvine,CA 92606 Huntington Beach CA 92647 California Coastal Commission 24 Jon M. ald 31 rahacn 38 Theresa Henry Westminster Sc istrict Meadow ea South Coast Area Office 14121 Cedarwood Aven 5161 Gelding 200 Oceangate,10th Floor Westminster CA 92683 Huntington Beach, 92649 Long Beach,CA 92802-4302 California Coastal Commission 24 Patricia Koc 32 Chery owning 38 South Coast Area Office HB Union High Sc srict Meadowlark 200 Oceangate,loth Floor 10251 Yorktown Avenue 16771 Roosevelt L Long Beach,CA 92802-4302 Huntington Beach,CA 92646 Huntington Beach,CA 92649 Robert Jos 25 CSA 33 Hearthside Homes 39 Caltrans District 730 El Camino Way# 6 Executive Circle,Suite 250 3337 Michelson Drive,Suit Tustin,CA 92680 Irvine,CA 92614 Irvine,CA 92612-1699 r 26 Golden College 34 Bolsa and Trust 40 Local So' Enf.Agy. Attn:Fred Ow Nancy Donovan O.C.Health Care A 15744 Goldenwest St 4831 Los Patos P.O.Box 355 Huntington Beach CA 92647 Huntington Beach,CA 92649 Santa Ana,CA 92702 New ro oordinator 27 OC�c unty Harbors,Beach 35 Chica Land Trust 40 Huntington B v Efice and Parks Evan President 6771 Warner Ave. P.O.Box 4048 1812 Port T1 lace .Huntington Beach,CA 92647 Santa Ana,CA 92702-404 Newport Beach, 60 Marc 28 Huntingt ach Mall 36 Jo Ott 41 Fountain Valley entary School Dist Attn:Pat Rogers- S�:CN 17210 Oak Street 7777 Edinger Ave.#300 2apistranoFountain Valley CA 92708 Huntington Beach CA 92647 Hgton Beach,CA 9 309 Bolsa and Trust 40 5901 Warner Ave #103 Huntington Beach CA 9 59 W1096S aasel slagel ssaippd @AU3AV t •, Sprint PCS AT&T Wireless Nextel Communication Site Acquistion& Development Site Acquisstion& Development Corporate Office 4683 Chabot Drive, Suite 100 P.O. Box 6028 2001 Edmund Halley Drive Pleasanton, CA 94588 Cerritos, CA 90702-6028 Reston, VA 20191 Nextel Communication Cingular Wireless Verizon Wireless Site Acquisition & Development Site Acquisition& Development Greg Klimek—President 310 Commerce 2521 Michelle Drive, 2nd Floor 15505 Sand Canyon Ave., E2 Irvine, CA 92602-1300 Tustin, CA 92780 Irvine, CA 92618 Verizon Wireless Leslie Daigle Site Acquisition& Development The Planning Group PO Box 19769 1111 Bayside Drive, Suite 222 Irvine, CA 92623-9769 Corona Del Mar, CA 92625 0091:S aol aleldwal ash WlslaayS pa9J 410OWS