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HomeMy WebLinkAboutZoning Text Amendment 01-04 - ZTA - Entitlement Permit Strea -Arc, CITY OF HUNTINGTON CityCouncil Interoffice Communication :,,�l .Y ��F hU1�T-P-IG O1', 8EAC.i CA To: Honorable Mayor and City Council Members / 10: 0� From: Pam Houchen, City Council Member {1{1fl yfler o 3 a� e Date: August 11-, 2003 Subject: H-ITEM FOR AUGUST 18, 2003, CITY COUNCIL MEETING— ENTITLEMENT PERMIT STREAMLINING— PHASE If (HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE —HBZSO) STATEMENT OF ISSUE: In January 2002, the City Council approved Zoning Text Amendment No. 01-04 by adopting Ordinance Nos. 3502 and 3532 and amending the HBZSO and implementing the first phase of the entitlement permit streamlining process. The Phase I amendment contained approximately 20 revisions to the HBZSO to streamline the entitlement process for these select users. To date, these amendments have streamlined the entitlement process, decreased processing times, created cost savings and improved customer service by allowing the review of an entitlement by a lower hearing body. In times of budget reductions, staff cutbacks, and tough economic times, I believe it is the appropriate time to re-visit streamlining the entitlement process contained in the City's zoning and subdivision ordinance. The continued effort to streamline and expedite the entitlement permit process will continue to benefit both the City as well as the private sector. I also believe that the Phase I approach may have been too limited in its scope by only focusing on the HBZSO. To expand on the streamlining effort, I'd like to see the continued analysis of the HBZSO and possible amendments to select specific plans. Therefore, I recommend the City Council consider the following motion: MOTION TO: "Direct the Director of Planning to initiate a zoning text amendment to amend the HBZSO and any specific plans as deemed necessary to streamline the entitlement permit proces and return to the City Council with a recommendation as soon as possible." f � aM ,/� xc: Ray Silver Bill Workman . Connie Brockway _1 Howard Zelefsky `'` Council/Agency Meeting Held: Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied W. ity rk's Signature Council Meeting Date: December 17, 2001 Department ID Number: PL01-34b 01-01-02 on. MS. 39U - 3532 5-0- CITY OF HUNTINGTON BEACH REQUEST FOR ACTION o -t SUBMITTED TO: HONORABLE MAYOR AND'CITY COUNCIL MEMBERS `'3 SUBMITTED BY: RAY SILVER, City Administratora2A-P T r PREPARED BY: HOWARD ZELEFSKY, Director of Planning a- a SUBJECT: APPROVE ZONING TEXT AMENDMENT NO. 01-04 (ENTITLEMENT PERMIT STREAMLINING) /vo S- 35�2 0 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: On November 19, 2001, City Council approved Zoning Text Amendment No. 01-04 in concept, added 13 additional streamlining items and continued this item in order for staff to incorporate the approved changes into the ordinance. The amendment will streamline the entitlement process, decrease processing time, create cost-savings for applicants, and most importantly improve customer service by allowing the review of a project by the lower hearing body. Upon conceptual approval of the zoning text amendment by City Council, the Planning Commission requested an opportunity to review the approved 13 additional streamlining uses as a non-public hearing item. On November 27, 2001, the Planning Commission approved the additional items. However, they recommend that Carts & Kiosks and Large Family Day Care located in a commercial zone, when abutting a residential zone or use, require limited notification. Staff concurs with the Planning Commission's proposed modifications and supports the inclusion of the two additional items for limited notification. Staff recommends the City Council approve the amendments as proposed. Funding Source: Not applicable. Recommended Action: PLANNING COMMISSION AND STAFF RECOMMENDATION: "Approve Zoning Text Amendment No. 01-04 with findings for approval (ATTACHMENT NO. 2) and adopt Ordinance No.(s) 3520-3532 inclusive (ATTACHMENT NO. 1)." d ' . Y i, REQUEST FOR ACTION MEETING DATE: December 17, 2001 DEPARTMENT ID NUMBER: PI01-34b Planning Commission Action on November 27, 2001: A STRAW VOTE MOTION MADE BY KERINS, SECONDED BY HARDY, TO REQUIRE LIMITED NOTIFICATION FOR CARTS AND KIOSKS CARRIED BY THE FOLLOWING VOTE: AYES: LIVENGOOD, MANDIC, HARDY, KERINS, KOKAL NOES: BORDEN, SHOMAKER ABSENT: NONE ABSTAIN: NONE MOTION PASSED A STRAW VOTE MOTION MADE BY KERINS, SECONDED BY MANDIC, TO REQUIRE LIMITED NOTIFICATION OF DAY CARE, LARGE FAMILY IN COMMERCIAL ZONES WHEN ABUTTING RESIDENTIAL ZONE OR USE CARRIED BY THE FOLLOWING VOTE: AYES: SHOMAKER, MANDIC, HARDY, KERINS, KOKAL NOES: BORDEN, LIVENGOOD ABSENT: NONE ABSTAIN: NONE MOTION PASSED THE MOTION MADE BY LIVENGOOD, SECONDED BY KERINS, TO APPROVE ADDITIONAL USES FOR ZONING TEXT AMENDMENT NO.01-04 WITH MODIFICATIONS, AND FORWARD PLANNING COMMISSION MEMO WITH MODIFICATIONS TO CITY COUNCIL IN ORDER TO ALLOW CITY COUNCIL RECONSIDERATION OF THEIR VOTE ON THE APPROVED LIST OF LIMITED NOTIFICATION ITEMS (ATTACHMENT NO.4) CARRIED BY THE FOLLOWING VOTE: AYES: SHOMAKER, LIVENGOOD, MANDIC, HARDY, KERINS, KOKAL, BORDEN NOES: NONE ABSENT: NONE ABSTAIN: NONE MOTION PASSED Alternative Action(s): The City Council may make the following alternative motion(s): 1. "Deny Zoning Text Amendment No. 01-04 with findings." 2. "Continue Zoning Text Amendment No. 01-04 and direct staff accordingly." PL01-34b -2- 121412001 2:59 PM REQUEST FOR ACTION MEETING DATE: December 17, 2001 DEPARTMENT ID NUMBER: Analysis: A. PROJECT PROPOSAL: Applicant: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 Location: Citywide Zoning Text Amendment No. 01-04 is an amendment to the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to streamline the entitlement process. The recommended items for streamlining are those that typically are approved without controversy and/or would not necessitate the preparation of a Planning Commission staff report, and could be adequately handled at the Zoning Administrator or Director level. The Zoning Text Amendment codifies existing polices and direction from the City Council in addition to clarifying certain sections of the HBZSO. B. BACKGROUND: On November 19, 2001, the City Council approved the Planning Commission's recommendation for the Zoning Text Amendment. In addition, the City Council approved the expanded list of streamlining items included in the Request for Council Act (RCA) and added one additional item to those requiring limited notification (Attachment No. 3). City Council directed staff to revise the ordinances to reflect the changes. C. PLANNING COMMISSION MEETING AND RECOMMENDATION: On November 27, 2001, the Planning Commission reviewed the list of additional items for permit streamlining and voted to support them while recommending that two of them require limited noticing because they felt these uses were potentially controversial. These two items are Carts & Kiosks on private property outside the downtown and Large Family Day Care (7- 12 children) in commercial zones when abutting a residential zone or use. The Planning Commission has submitted a memo requesting that City Council incorporate these two additions in the limited notification list (Attachment No. 4). D. STAFF ANALYSIS AND RECOMMENDATION: The entitlement streamlining items approved in concept by the City Council are analyzed in the attached City Council report (Attachment No.5). Pursuant to the City Council's November 191h action, ordinances have been prepared incorporating the recommended streamlining amendments as well as providing for limited notification for eight items. These ordinances also reflect the Planning Commission's November 27, 2001 recommendation. These amendments result in a positive change for applicants. As discussed at the November 191h City Council meeting, limited notification is recommended for certain items as a way to ensure open communication with neighbors while still providing PL01-34b -3- 12/7/2001 8:27 AM REQUEST FOR ACTION MEETING DATE: December 17, 2001 DEPARTMENT ID NUMBER: relief to applicants. The limited notification process is similar to the City's infill ordinance, which is designed as follows: Step 1: Notification to abutting property owners 10 working days prior to submitting application to City. Step 2: 10 working day waiting period once application received by City during which comments may be made. Step 3: 10 calendar day appeal period upon City approval/denial of application. Although the limited notification on the eight items extends the approval time by more than 30 days this is still a reduction in processing time by one to two months compared with current Zoning Administrator requirements. Staff supports the Planning Commission's modification of the limited noticing list and recommends the City Council approve Zoning Text Amendment No. 01-04 because it will: ➢ Decrease processing time for applicants ➢ Reduce application costs for the Business Community and Residents ➢ Provide excellent customer service ➢ Encourage new businesses to locate in Huntington Beach Environmental Status: The proposed project is categorically exempt pursuant to Class 20, City Council Resolution No. 4501, which supplements the California Environmental Quality Act. Attachment(s): IF City Clerk's Page Number No. Description 1. Ordinance Nos. 3520-3532 2. Findings of Approval 3. Planning Commission Staff Memo dated November 20, 2001 4. Planning Commission Memo to City Council dated November, 28, 2001 5. City Council Report dated November 19, 2001 RCA Author: Rosemary Medel/Mary Beth Broeren PL01-34b -4- 12/7/2001 8:27 AM ATTACHMENT 1 ORDNANCE NO. 3520 AN ORDNANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTNGTON BEACH ZONING AND SUBDIVISION ORDINANCE BY AMENDING CHAPTER 203 THEREOF RELATING TO DEFINITIONS WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and the Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 01-04, which amends various Sections of the Huntington Beach Zoning and Subdivision Ordinance including three sections of SP 5 (Downtown Specific Plan)relating to permit streamlining and development processing; and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1: That Section 203.06 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 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. Allev. 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. Larae. 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. 01 ordizone amend..11.I-0! 1 Ord. No. 3520 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, cellular radiotelephone cell 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. 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, 1 100, ! 203-area.B�iP , tom- 01 ord,'zone amend.,11/3101 Z Ord.No.3520 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. Roof Second Story First Story Finished _Z_ __ _ __,____If this basement ceiling is more than 4'ft. from Grade i Basement average adjoining finished j L _ _ _ _ _ grade,the basement is considered a stony. 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. ILI, I Ll 203-BLK BLOCKFACE 01ord/zone amend/11/3/01 3 Ord.No.3520 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. Cater 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. 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. CommunityApartment 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. Completely Rebuilt. Rebuilding the nonconforming structure or use as it had legally existed immediately prior to its destruction. Conditional Use. A use of land that, due to the specific nature and unique characteristics of the use, requires special standards and discretionary review. Condominium. An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interior space in a residential, industrial or commercial building on the real property, such as an apartment, office or store. A condominium may include, in addition, a separate interest in other portions of the real property. Conforming-Building. A building that fully meets the requirements of Title 17 (Building Regulations) and also conforms to all property-development regulations and requirements prescribed for the district in which it is located. Convenience Market. A retail use in conjunction with gasoline sales in which the sales room exceeds 200 square feet. 01 ord%zone amend/11/3/01 4 Ord.No.3520 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. 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. 01 ord/zone amend/1113101 5 Ord.No.3520 Energy Facility. Any public or private processing,producing, generating, storing, transmitting, or recovering facility for electricity,natural gas,petroleum, coal, or other sources of energy. Environmental Impact Report (EIR). A report complying with the requirements of the California Environmental Quality Act(CEQA) and its implementing guidelines. Environmentally Sensitive (habitat) Area. A wetland or any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments. Exemption, Categorical. An exception from the requirements of the California Environmental Quality Act(CEQA) for a class of projects, which have been determined to not have a significant effect on the environment. Family. A single individual or two or more persons living together as a single housekeeping unit in a dwelling unit. Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors. (3334) 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. 01ordizone amend/11/3/01 6 Ord.No.3520 FLOOR AREA RATIO FAR of 0.5 FAR of 1.0 FAR of 1.5 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 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.) 01ord/zone amend/11/3/01 7 Ord.No.3520 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. 01 ord%zone amend)I 1/10l 8 Ord.No.3520 Perimeter Landscape HIT Interior Landscape Interior Landscape Jill 1111111111 Interior Landscape LANDSCAPING: PERIMETER INTERIOR Lodger. 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 i✓ N Lot Throuah Lot r� Interior Flag Interior Interior Corner Lot Lot Lot Lot Lot Reversed Corner Lot STREET LOT TYPES 203._0r 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, Fla-. A lot with developable area connected to a street by a narrow strip of land that includes a driveway. 01 ord%zone amend/1 113/01 9 Ord.No.3520 Lot or Property Line. Rear. A lot line, not a front lot line, that is parallel or approximately parallel to the front lot line. Where no lot line is within 45 degrees of being parallel to the front lot line, a line 10 feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, shall be deemed the rear lot line. Lot or Property Line, Front. The street property line adjacent to the front yard. Lot or Property Line, Interior. A lot line not abutting a street. Lot or Property Line, Side. Any lot line that is not a front lot line or a rear lot line. Lot or Property Line, Street. A lot line abutting a street. Lot, Reverse Corner. A comer lot, the side line of which is substantially a continuation of the front lot line of the lot to its rear. Lot, Street-Allev. 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. y 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 Iine. Front Lot Line Front Lot Line Y c .Y n c C V j' Lot Width=(x+y)/2 LOT WIDTH 20',-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. 01 ord.zone amend/1 1/3 01 10 Ord.No.3520 Meilanine:maximum 33 percent of floor area below. Floor Below 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. 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. Nonconforining 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 Parkin!: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. Olord zone amend'I 1 3.01 11 Ord.No.3520 Open Space, Private. A usable open space adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests. Open Space, Total. The sum of private and common open space. Open Space, Usable. Outdoor or unenclosed area on the ground, or on a balcony, deck, porch or terrace designed and accessible for outdoor living, recreation,pedestrian access or landscaping. Usable open space does not include parking facilities, driveways, utility or service areas, any required front or street side yard, any space with a dimension of less than 6 feet in any direction or an area of less than 60 square feet. min min min �6 ft.i ----r 10 fi. ' _- 10 ft. Patio Terrace Balcony Front Yazd Private Open Space Private Open Space Common Open Space USABLE OPEN SPACE Oversize Vehicle. Any vehicle which exceeds twenty-five (25) feet in length, seven (7) in width, seven (7) in height, or a weight of 10,000 pounds, motorized or nonmotorized. Oversize vehicle also includes any equipment or machinery regardless of size. Parking Structure. A structure used for parking or vehicles where parking spaces, turning radius, and drive aisles are incorporated within the structure. Patio. A paved court open to the sky. Permitted Use. A use of land that does not require approval of a conditional use permit or temporary use permit. Planned Unit Development (PUD). A large scale development of a parcel or of a combination of related parcels to be developed by a single owner or group of owners acting jointly, involving a related group of uses, planned as an entity and having a predominant developmental feature which serves to unify or organize development. 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. 0l ord/zone amend l/3.O1 1 Ord.No.3520 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. 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: 1. A vacant parcel intended for detached single family development, or 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. Room, Habitable. A room meeting the requirements of the Uniform Building Code for sleeping, living, cooking, or dining purposes, excluding such enclosed places as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, attics, foyers, storage spaces, utility rooms, garages, and similar spaces. Senior Housing. Housing for a family in which at least one person per unit is 60 years old or older, or for a single person who is 60 years old or older. Setback Line. A line across the front, side, rear of any private or public property which delineates an area adjoining a property line in which erection of a building, fence, or other structure is prohibited except as otherwise provided in the zoning ordinance. Significant Disruption. Having a substantial adverse effect upon the functional capacity. Single Ownership. Holding record title, possession under a contract to purchase, or possession under a lease, by a person, firm, corporation, or partnership, individually, jointly, in common, or in any other manner where the property is or will be under unitary or unified control. Site. A lot, or group of contiguous lots not divided by an alley, street, other right-of-way, or city limit, that is proposed for development in accord with the provisions of this ordinance, and is in a single ownership or has multiple owners, all of whom join in an application for development. Specific Event. A short term temporary use of public property as defined in Section 5.68.010. 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). 01 ord/zone amend 11'3/01 1 J Ord.No.3520 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. St r . 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 Area. 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. Olord zone amendil 113 01 14 Ord.No.3520 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 comer lot the rear yard shall extend only to the side yard abutting the street. Yard, Side. An area between the rear setback line and the front setback line and between the side property line and side setback line. The side yard on the street side of a corner lot shall extend to the rear lot line. Zoning Ordinance. The Zoning Ordinance of the City of Huntington Beach. 01 ordizone amendi 1 1/3:01 15 Ord.No.3520 REAR YARD STRmr FRONT YARD LOT LINE ,,, LOT LINES W - ----- a W W y uj W Q LLI W 1 S N 0 N I N y ! OCC L � o I I y H � W I I W - - - - H N lumi d' h - F- N STREET FRONT YARD 'STREET FRONT YARD STREET FRONT YARD I CORNER LOT EXAMPLES REAR YARD REAR YARD REAR YARD io I . I I SIDE y:N I r I YAR OI 1 p 1 1 w h I - 1 SIDEYARDS I i - — — — — STREET L FRONT YARD STREET FRONT YARD STREET FRONT YARD INTERIOR LOT EXAMPLES REAR YARD REAR YARD 4 —LOT LIVES SIDE i YAR I LEGEND ,#' -*--IARDS y\ ` I _ _ _ i BUILDING(ZONING)ENVELOPE STREET L — — — (TWO DIMENSIONAL) LOT LINES FRONT YARD C STR==T FRONT YARD SIDE YARD ODD - SHAPED LOT EXAMPLES REQUIRED YARDS 01ord%zone amend =-01 16 • Ord.No.3520 SECTION 2: This ordinance shall take effect thirty 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 7th day of January , 200t2 ATTEST: —dew,� City Clerk 61-1 a-at Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: City Adn4 istrator City Attorney �p INIT D A APPROVED: 2 Direc r o lanning 01ord zone amend/11/3101 17 Ord. No. 3520 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 17th day of December,2001, and was again read to said City Council at a regular meeting thereof held on the 7th day of January,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, Bauer, Cook, Green, Boardman NOES: None ABSENT: Houchen 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 Independent on d-'O� ,2002 In accordance"ith the City Charter of said City City Clerk and ex-officio Clerk Connie Brockway, City Clerk of the City Council of the City Deputy City Clerk of Huntington Beach, California yz-yrr. ORDINANCE NO. 3521 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDl tG THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE BY AMENDING CHAPTER 204 THEREOF RELATING TO USE CLASSIFICATIONS WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and the Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 01-04, which amends various Sections of the Huntington Beach Zoning and Subdivision Ordinance including three sections of SP 5 (Downtown Specific Plan).relating to permit streamlining and development processing; and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1: That Section 204.16 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 204.16 Temporary Use Classifications A. Animal Shows. Exhibitions of domestic or large animals for a maximum of seven days. B. Festivals, Circuses and Carnivals. Provision of games, eating and drinking facilities, live entertainment, animal exhibitions, or similar activities in a tent or other temporary structure for a maximum of seven days. This classification excludes events conducted in a permanent entertainment facility. C. Commercial Filming. Limited. Commercial motion picture or video photography at a specific location six or fewer days per quarter of a calendar year. (See also Chapter 5.54, Commercial Photography) D. Personal Property Sales. Sales of personal property by a resident ("garage sales") for a period not to exceed 48 consecutive hours and no more than once every six months. E. Real Estate Sales. An office for the marketing, sales, or rental of residential, commercial, or industrial development. This classification includes "model homes." F. Retail Sales, Outdoor. Retail sales of new merchandise on the site of a legally established retail business for a period not to exceed 48 consecutive hours no more than once every 3 months. ord-01 zone ord/chp20411 1.`14-01 1 Ord. No. 3521 G. Seasonal Sales. Retail sales of seasonal products, including Christmas trees, Halloween pumpkins and strawberries. H. Street Fairs. Provision of games, eating and drinking facilities, live entertainment, or similar activities not requiring the use of roofed structures. I. Trade Fairs. Display and sale of goods or equipment related to a specific trade or industry for a maximum period of five days per year. J. Temporary Event. Those temporary activities located within the coastal zone that do not qualify for an exemption pursuant to Section 245.08. K. Tent Event. Allows for the overflow of religious assembly for a period not to exceed 72 consecutive hours and not more than once every 3 months. SECTION 2: This ordinance shall take effect thirty 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 7th day of January , 2002 . ATTEST: Ce%lrl.� /am" City Clerk a I—l o-0 2 Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: City Adryfffiffistrator -City Attorn al�'pt INITIA AP APPROVED: 2 Direct r of Mannincy ord-01 zone ord/chp204i l 1 3:01 2 Ord. No. 3521 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 17th day of December,2001, and was again read to said City Council at a regular meeting thereof held on the 7th day of January, 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,Bauer, Cook, Green,Boardman NOES: None ABSENT: Houchen 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 Independent on ,2002 In accordance with the City Charter of said City City Clerk and ex-officio Clerk Connie Brockway. Qfty Clerk of the City Council of the City Deputy City Clerk of Huntington Beach, California 01 ORDINANCE NO. 3522 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE BY AMENDING CHAPTER 211 C THEREOF RELATING TO COMMERCIAL DISTRICTS WHEREAS,pursuant to the California State Planning and Zoning Law,the Huntington Beach Planning Commission and the Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 01-04, which amends various Sections of the Huntington Beach Zoning and Subdivision Ordinance including three sections of SP 5 (Downtown Specific Plan)relating to permit streamlining and development processing; and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented,the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; NOW, THEREFORE,the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1: That Section 211.04 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 211.04 CO, CG, and CV Districts: Land Use Controls In the following schedules, letter designations are used as follows: "P" designates use classifications permitted in commercial districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" that follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. "TU" designates use classifications allowed upon approval of a temporary use permit. "P/U" for an accessory use means that the use is permitted on the site of a permitted use,but requires a conditional use permit on the site of a conditional use. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the Zoning Ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. ord/OIzone ord/chp211/12/13/01 1 Ord.No.3522 CO CG CV Additional Provisions Residential (J)(Q)(R)(V) Group Residential. PC PC PC Multifamily Residential - - PC Public and Semipublic (A)(J)(Q)(R)(V) Cemetery - - - Clubs and Lodges ZA ZA - Community and Human Services Drug Abuse Centers - PC - Primary Health Care L-11 L-11 - 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 - Government Offices P P PC Heliports PC PC PC (B) Hospitals PC PC - 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) _ ord/OIzone ord/chp211/12/14/01 2 Ord.No.3522 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) 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 P P Eating and Drinking Estab. P P 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-I - Maintenance &Repair Services - P Marine Sales and Services - P P Nurseries - ZA - Offices, Business & Professional P P P 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) 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 L-12 ord/Olzone ord/chp211/12/13/01 3 Ord.No.3522 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 (I) Quasi Residential Time Shares - PC PC (I)(J) Residential Hotel - PC PC (J) Single Room Occupancy - PC PC (J)(0) Industrial (J)(Q)(R)(V) Industry, Custom - L-6 L-6 Accessory Uses (J)(V) Accessory Uses & Structures P/U P/U P/U Temporary Uses (F)(J)(V) 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) ord/OIzone ord/chp2ll/12/14/01 4 Ord.No.3522 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. 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 Zoning Administrator, and body and fender shops are permitted only as part of a comprehensive automobile-service complex operated by a new vehicle dealer. L-6 Only "small-scale" facilities, as described in Use Classifications, are permitted with a maximum 7 persons employed full time in processing or treating retail products, limited to those sold on the premises. L-7 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%. ord/01zone ord/chp2ll/12%13/01 5 Ord.No.3522 (A) Limited to facilities on sites 2 acres or less. (B) See Section 230.40: Helicopter Takeoff and Landing Areas. (C) Repealed. (D) See Section 230.38: Game Centers; Chapter 5.28: Dance Halls; Chapter 9.24: Card Rooms; Chapter 9.32: Poolrooms and Billiards; and Chapter 9.28: Pinball Machines. (E) See Section 230.32: Service Stations. (F) See Section 241.20: Temporary Use Permits. (G) See Chapter 236: Nonconforming Uses and Structures. (H) For teen dancing facilities,bicycle racks or a special bicycle parking area shall be provided. These may not obstruct either the public sidewalk or the building entry. See also Chapter 5.28: Dancing Halls; Chapter 5.44: Restaurants - Amusement and Entertainment Premises, and Chapter 5.70: Adult Entertainment Businesses. (1) 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. (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. ord/01zone ord/chp2l l/12%11'01 6 • Ord.No.3522 (2) Restaurants, Bars-and Liquor stores located 300 feet or more from any R or PS district,public or private school, church, or public use. (3) Florist shops offering the sale of a bottle of an alcoholic beverage together with a floral arrangement. (0) See Section 230.46: Single Room Occupancy. (P) See Chapter 231 for temporary and seasonal parking. (Q) Development of vacant land or additions of 10,000 square feet or more in floor area; or additions equal to or greater than 50% of the existing building's floor area; or additions to buildings on sites located within 300 feet of a residential zone or use for a permitted use requires approval of a conditional use permit from the Zoning Administrator. The Planning Director may refer any proposed addition to the Zoning Administrator if the proposed addition has the potential to impact residents or tenants in the vicinity(e.g., increased noise;traffic). (R) Projects within 500 feet of a PS District see Chapter 244. (S) See Section 230.48: Equestrian Centers. (T) See Section 230.50: Indoor Swap Meets/Flea Markets. (U) See Section 230.94: Carts and Kiosks. (V) In the coastal zone, the preferred retail sales uses are those identified in the Visitor Serving Commercial land use designation which provide opportunities for visitor-oriented commercial activities including specialty and beach related retail shops, restaurants, hotels, motels, theaters, museums, and related services. (W) Non-amplified live entertainment greater than 300 feet from a residential zone or use shall be permitted without a conditional use permit. (X) Outdoor dining that is 400 square feet or less with no alcohol sales shall be permitted without a conditional use permit. (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. ord/Olzone ord/chp2l1%1?r1101 7 Ord.No.3522 SECTION 2: That Section 211.08 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 211.08 Review of Plans All applications for new construction, initial establishment of use, exterior alterations and additions shall be submitted to the Planning Department for review. Discretionary review shall be required as follows: 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. SECTION 2: This ordinance shall take effect thirty 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 7th day of January 92002 . ATTEST: City Clerk al— �o-OZ �— Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: C� l� �✓" c 1 Z �1 3 ,o ff — City Ad nistrator (—City Attorney �— 1N7ED AND APPROVED: Z Dir ctor o anning ord/OIzone ord/chp211/12/13/01 8 Ord.No. 3522 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 17th day of December,2001, and was again read to said City Council at a regular meeting thereof held on the 7th day of January,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, Bauer, Cook, Green, Boardman NOES: None ABSENT: Houchen 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 Independent on ,2002 In accordance with the City Charter of said City City Clerk and ex-officio Clerk Connie Brockway, City Clerk of the City Council of the City Deputy City Clerk of Huntington Beach, California ORDINANCE NO. 3523 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE BY AMENDING CHAPTER 212 THEREOF RELATING TO INDUSTRIAL DISTRICTS WHEREAS,pursuant to the California State Planning and Zoning Law,the Huntington Beach Planning Commission and the Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 01-04, which amends various Sections of the Huntington Beach Zoning and Subdivision Ordinance including three sections of SP 5 (Downtown Specific Plan)relating to permit streamlining and development processing; and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1: That Section 212.04 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 212.04 IG and IL Districts: Land Use Controls In the following schedules, letter designations are used as follows: "P" designates use classifications permitted in the I districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" which follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. "TU" designates use classifications allowed upon approval of a temporary use permit by the Zoning Administrator. "P/U" for an accessory use means that the use is permitted on the site of a permitted use, but requires a conditional use permit on the site of a conditional use. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to requirements following the schedule or located elsewhere in this ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the.heading, ord/OIzone amend/chp212 12/13i01 1 Ord.No.3523 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 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 P 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) ord/01 zone amend/chp212/12/13/01 Ord.No.3523 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) (3378-2198) Sex Oriented Businesses_ PC PC (R) (3378-7J98) (regulated by HBMC Chapters 5.24 & 5.60) (3378-2/98) Swap Meets, Indoor/Flea Markets PC PC (Q) Vehicle/Equipment Sales & Services Service Stations L-4 L-4 Vehicle/Equipment Repair P P Vehicle/Equip. Sales/Rentals L-5 L-5 Vehicle Storage P ZA (I) Visitor Accommodations PC PC (K) Warehouse and Sales Outlets L-8 L-8 Industrial (See Chapter 204) (B)(M)(I) 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 TU Trade Fairs TU TU (E) Nonconforming Uses (F) ord/OIzone amend/chp212/12/13/01 3 Ord.No.3523 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: Minimum site area: 3 acres Maximum commercial space: 35 percent of the gross floor area and 50 percent of the ground floor area of buildings fronting on an arterial highway. Phased development: 25 percent of the initial phase must be designed for industrial occupancy. For projects over 500,000 square feet,the initial phase must include 5 percent of the total amount of industrial space or 50,000 square feet of industrial space, whichever is greater. L-2 Allowed upon approval of a conditional use permit by the 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. L-3 Allowed upon approval of a conditional use permit by the Zoning Administrator when in a free-standing structure or as a secondary use in a building provided that no more than 20 percent of the floor area is occupied by such a use. L-4 Only stations offering services primarily oriented to businesses located in an I District are allowed with a conditional use permit by the Planning Commission. L-5 No new or used automobile, truck or motorcycle retail sales are permitted. L-6 Only schools offering higher education curriculums are allowed with conditional use permit approval by the Planning Commission. No day care, elementary or secondary schools are permitted. L-7 Recycling Operations as an accessory use are permitted; recycling operations as a primary use are allowed upon approval of a conditional use permit by the Planning Commission. L-8 Allowed upon conditional use permit approval by the Planning Commission when a single building with a minimum area of 100,000 square feet is proposed on a site fronting an arterial. The primary tenant shall occupy a minimum 95%.of the floor area and the remaining 5% may be occupied by secondary tenants. L-9 Permitted if the space is 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. ord/OI zone amend/chp212/12/13/01 4 • Ord.No.3523 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. L-11 Allowed subject to the following requirements: A. A proposed sex oriented business shall be at least five hundred feet(500') from any residential use, school,park and recreational facility, or any building used for religious assembly(collectively referred to as a"sensitive use") and at least seven hundred fifty feet(750') from another sex oriented business. For purposes of these requirements, all distances shall be measured from the lot line of the proposed sex oriented business to the lot line of the sensitive use or the other sex oriented business. The term "residential use" means any property zoned RL,RM, R.ML H, RH,RMP, and any properties with equivalent designations under any specific plan. To determine such distances the applicant shall submit for review a straight line drawing depicting the distances from the lot line of the parcel of land on which the sex oriented business is proposed which includes all the proposed parking and: l. 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; 2. the lot line of any building used for religious assembly, school, or park and recreational facility within five hundred (500') feet of the lot line of the proposed sex oriented business; and 3. the lot line of any parcel of land zoned RL, RM, RMH, 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. B. The front facade of the building, including the entrance and signage, shall not be visible from any major, primary or secondary arterial street as designated by the Circulation Element of the General Plan adopted May, 1996, with the exception of Argosy Drive. C. Prior to or concurrently with applying for a building permit and/or a certificate of occupancy for the building, the applicant shall submit application for Planning Department Staff Review of a sex oriented business zoning permit with the drawing described in subsection A, a technical site plan, floor plans and building elevations, and application fee. Within ten (10) days of submittal, the Director shall determine if the application is complete. If the application is deemed incomplete, the applicant may resubmit a completed application within ten (10) ord/01zone amend/chp212/12/13/01 5 Ord.No.3523 IG AND IL Districts: Additional Provisions(continued) days. Within thirty days of receipt of a completed application, the Director shall determine if the application complies with the applicable development and performance standards of the Huntington Beach Zoning and Subdivision Ordinance. Said standards include but are not limited to the following- 1. Chapter 203,Definitions; Chapter 212, Industrial Districts; Chapter 230, Site Standards; Chapter 231, Off-Street Parking &Loading Provisions; Chapter 232, Landscape Improvements; and Chapter 236,Nonconforming Uses and Structures. 2. Chapter 233.08(b), Signs. Signage shall conform to the standards of the Huntington Beach Zoning and Subdivision Ordinance Code except a. that such signs shall contain no suggestive or graphic language, photographs, silhouettes, drawings, statues,monuments, sign shapes or sign projections, or other graphic representations, whether clothed or unclothed, including without limitation representations that depict "specified anatomical areas" or"specified sexual activities"; and b. only the smallest of the signs permitted under Chapter 233.08(b) shall be visible from any major,primary or secondary arterial street, such streets shall be those designated in the Circulation Element of the General Plan adopted May, 1996, with the exception of Argosy Drive. 3. Compliance with Huntington Beach Municipal Code Chapter 5.70. D. The Director shall grant or deny the application for a sex oriented business zoning permit for a sex oriented business. There shall be no administrative appeal from the granting or denial of a permit application thereby permitting the applicant to obtain prompt judicial review. E. Ten(10)working days prior to submittal of an application for a sex oriented business zoning permit for Staff Review, the applicant shall: (i) cause notice of the application to be printed in a newspaper of general circulation; and(ii) give mailed notice of the application to property owners within one thousand (1000') feet of the proposed location of the sex oriented business; and the City of Huntington Beach, Department of Community Development by first class mail. The notice of application shall include the following: 1. Name of applicant; 2. Location of proposed sex oriented business, including street address (if known) and/or lot and tract number; ord/OIzone amend/chp212/12113/01 6 Ord.No.3523 IG AND IL Districts: Additional Provisions(continued) 3. Nature of the sex oriented business, including maximum height and square footage of the proposed development; 4. The City Hall telephone number for the Department of Community Development to call for viewing plans; 5. The date by which any comments must be received in writing by the Department of Community Development. This date shall be ten(10)working days from staff review submittal; and 6. The address of the Department of Community Development. F. A sex oriented business may not apply for a variance pursuant to Chapter 241 nor a special sign permit pursuant to Chapter 233 G. A sex oriented business zoning permit shall become null and void one year after its date of approval unless: 1. Construction has commenced or a Certificate of Occupancy has been issued, whichever comes first; or 2. The use is established. H. The validity of a sex oriented business zoning permit shall not be affected by changes in ownership or proprietorship provided that the new owner or proprietor promptly notifies the Director of the transfer. I. A sex oriented business zoning permit shall lapse if the exercise of rights granted by it is discontinued for 12 consecutive months. (A) Limited to facilities on sites of 2 acres or less. (B) A conditional use permit from the Zoning Administrator is required for any new use or enlargement of an existing use, or exterior alterations and additions for an existing use located within 150 feet of an R district. The Director may waive this requirement if there is no substantial change in the character of the use which would affect adjacent residential property in an R District. (C) Accessory office uses incidental to a primary industrial use are limited to 10 percent of the floor area of the primary industrial use. (Rest of page not used) ord/OIzone amend/chp212/12/13/01 7 Ord.No.3523 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. (E) See Section 241.22: Temporary Use Permits. (F) See Chapter 236: Nonconforming Uses and Structures. (H) Medical/dental offices, insurance brokerage offices, and real estate brokerage offices, except for on-site leasing offices, are not permitted in any I District. Administrative,management,regional or headquarters offices for any permitted industrial use, which are not intended to serve the public, require a conditional use permit from the Zoning Administrator to occupy more than 10 percent of the total amount of space on the site of the industrial use. (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: (a) The site shall not be located within 660 feet of an R district. (b) All special metal cutting and compacting equipment shall be completely screened from view. (c) Storage yards shall be enclosed by a solid 6-inch concrete block or masonry wall not less than 6 feet in height and set back a minimum 10 feet from abutting streets with the entire setback area permanently landscaped and maintained. (d) Items stacked in the storage yard shall not exceed the height of the screening walls or be visible from adjacent public streets. (J) Limited to facilities serving workers employed on-site. (K) See Section 230.46: Single Room Occupancy. (L) Limited to Emergency Shelters. ord/O1 zone amend/chp212/12/13/01 Ord.No.3523 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). (IN) Major outdoor operations require conditional use permit approval by the Planning Commission. Major outside operations include storage yards and uses utilizing more than 1/3 of the site for outdoor operation. (0) See Section 230.40: Helicopter Takeoff and Landing Areas. (P) See Section 230.44: Recycling Operations. (Q) See Section 230.50: Indoor Swap Meets/Flea Markets (R) See L-1 I(A)relating to locational restrictions. (S) Non-amplified live entertainment greater than 300 feet from a residential zone or use shall be permitted without a conditional use permit. (T) Subject to approval by the Police Department, Public Works Department, and Fire Department and the Planning Director. (L) 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. ord.01 zone amend'chp212/12113/01 9 Ord.No.3523 SECTION 2: This ordinance shall take effect thirty 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 7th day of January 92002 . ATTEST: City Clerk al— f0-Oz Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: City Admi ator Pr.,City Attorney r INTT ED APPROVED: �b4 Z Dire for of Aanning ord./01 zone amend/chp212/12/13101 10 Ord. No: 3523 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 17th day of December,2001, and was again read to said City Council at a regular meeting thereof held on the 7th day of January,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, Bauer, Cook, Green, Boardman NOES: None ABSENT: Houchen 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 Independent on 2002 In accordance with the City Charter of said City City Clerk and ex-officio Clerk Connie Brockway. Ci1y Clerk of the City Council of the City Deputy City Clerk of Huntington Beach, California 1z-17-�1 ORDINANCE NO. 3524 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE BY AMENDING CHAPTER 214 PS THEREOF RELATING TO PUBLIC-SEMIPUBLIC DISTRICT WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and the Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 01-04, which amends various Sections of the Huntington Beach Zoning and Subdivision Ordinance including three sections of SP 5 (Downtown Specific Plan) relating to permit streamlining and development processing; and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1: That Section 214.06 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 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 pennitted 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. ord:01zonins ord/chp214111.'14 01 1 Ord. No. 3524 PS DISTRICT: P = Permitted LAND USE CONTROLS L Limited (see Additional Provisions) PC = Conditional use permit approved by Planning Commission 1.2 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 Eating and Drinking Establishments L-2 Vehicle/Equipment Sales and Services L-1 Commercial Parking Facility L-3 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) ord/0Izonine ord•'chp214/1 1%3i01 2 Ord. No. 3524 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. (A) See Section 241.20: Temporary Use Permits. (B) See Chapter 236: Nonconforming Uses and Structures. SECTION 2: This ordinance shall take effect thirty 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 7th day of January , 200 2. ATTEST: hie" City Clerk dt-�0-.d2 Mayor REVIEWED AND APPROVED: APPROVED AS TO FORTM: City Adnfinistrator r.� City Attorney 1114,161 INITIAT D A'vD APPROVED: 1 Z Director of tanning ord-0l zoning ord/chp214 11,101 3 Ord. No. 3524 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 17th day of December,2001, and was again read to said City Council at a regular meeting thereof held on the 7th day of January,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,Bauer, Cook, Green, Boardman NOES: None ABSENT: Houchen 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 Independent on ,2002 In accordance�Nith the City Charter of said City City Clerk and ex-officio Clerk Connie Brockway, City Clerk of the City Council of the City Deputy city Clerk of Huntington Beach, California IL—17—o1 ORDINANCE NO. 3525 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE BY AMENDING CHAPTER 230 THEREOF RELATING TO SITE STANDARDS WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and the Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 01-04, which amends various Sections of the Huntington Beach Zoning and Subdivision Ordinance including three sections of SP 5 (Downtown Specific Plan) relating to permit streamlining and development processing; and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1: That Section 230.18 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 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 S1,000 for the sales office and S1,000 for each model home to guarantee compliance with the provisions of this code. B. The developer or contractor shall furnish a site plan showing the placement of the sales office and all model signs, parking signs, directional signs, temporary structures, parking and landscaping. C. No sales office shall be converted or expanded into a general business office for the contractor or developer. SECTION 2: That Section 230.74 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 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 ord/01 zoning ord/chp230/12/l3.'01 1 Ord.No.3525 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. SECTION 3: That Section 230.88 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 230.88 Fencing and Yards No portion of a required yard area provided for a structure on a lot shall be considered as part of the yard area for any other structure on the same or an adjacent lot. In all districts, minimum setback lines shall be measured from the ultimate right-of-way line. Diagrams A, B and C are hereby adopted to illustrate the provisions of this chapter. Where any discrepancy occurs between the diagrams and the printed text, the text shall prevail. Yards and fencing shall comply with the following criteria in all districts or as specified. 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: ord/O1 zoning ord/chp230/12/13/01 2 Ord.No.3525 (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. 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 ord/Olzoning ord/chp230/11'13/01 3 Ord.No.3525 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. (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.) ord/01 zoning ord/chp230/12/13/01 4 Ord.No.3525 j Required Tree/Palm Landscaping j I Front Building* nrnnenv line j Max d�" Patio I j Max.18" Ix1 w` Retaininv Wallc Sidewalk/Parkway Max.18" *See Maximum building height in Chapter 210 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. 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 ord/OIzoning ord/chp230/12/13/01 5 Ord.No.3525 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. Visibili . 1. On reverse corner lots and corner lots abutting an alley, no fence,wall or hedge greater than forty-two (42) inches in height may be located within the triangular area formed by measuring ten (10) feet from the intersection of the rear and street side property lines. 2. On corner lots,no fence, wall, landscaping,berming, sign, or other visual obstruction between forty-two (42) inches and seven(7) feet in height as measured from the adjacent curb elevation may be located within the triangular area formed by measuring twenty-five (25) feet from the intersection of the front and street side property lines or their prolongation. Trees trimmed free of branches and foliage so as to maintain visual clearance below seven(7) feet shall be permitted. 3. Visibility of a driveway crossing a street or alley property line or of intersecting driveways shall not be blocked between a height of forty-two (42) inches and seven (7) feet within a triangular area formed by measuring ten(10) feet from intersecting driveways or street/alley and driveway. �7 2, cvFzB HE\GN� , 230-CORD DIAGRAM A I ord/O I zonin.-ord/chp230/12/13/01 6 Ord.No.3525 _ : . - . . _ . . - . . t t . t t . t t 1_O• 10 t _ - - _ . 10' 10' 10' 10' 10' 10' 230—tb STREET/ALLEY DIAGRAM B ordi01 zoning ordlchp230)12/13lV 7 Ord.No.3525 REVERSE CORNER LOT CORNER LOT INTERIOR LOT CORNER LOT ABUTTING ALLEY I u i� io is A I o i�- THROUGH THROUGH LOT CORNER LOT HEIGHT MEASUREMENT OF FENCE OR WAIL r A 42 inch high fence may be constructed on an portion of the lot. � ! 9 Y Y ® Indicates that portion of the lot on which a 6 foot high fence may be constructed. Indicates minimum" front d setback. A _ A' ro t yard zs ( Dia ram C iQ71J G!7NDMW4703p2.W ord0lzoning ord'chp230/12/13/01 8 Ord.No.3525 SECTION 4: That Section 230.94 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 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. A. Location and Design Criteria. Cart and kiosk uses shall conform to the following: 1. No portion of a cart or kiosk shall overhang the property line. 2. The cart or kiosk shall not obstruct access to or occupy a parking space; obstruct access to a parked vehicle, impede the delivery of materials to an adjoining property, interfere with access to public property or any adjoining property, or interfere with maintenance or use of street furniture. If any existing parking spaces will be displaced or partially or totally blocked by the proposed cart or kiosk, those spaces must be replaced on-site at a one-to-one (1:1) ratio. 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. 4. A limit of one cart or kiosk shall be allowed for each commercial business that meets the above locational and design criteria. B. Factors to Consider. The following factors shall be considered regarding the location and the design of cart or kiosk uses including: 1. Appropriateness of the cart or kiosk design, color scheme, and character of its location; 2. Appropriateness and location of signing and graphics; 3. The width of the sidewalk or pedestrian accessway; 4. The proximity and location of building entrances; 5. Existing physical obstructions including, but not limited to signposts, light standards, parking meters, benches, phone booths, newsstands, utilities and landscaping; 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; 7. Pedestrian traffic volumes; and 8. Handicapped accessibility. C. Operating Requirements, Provisions and Conditions. 1. During hours of operation, the cart or kiosk must remain in the location specified on the approved site plan. ordi01 zoning ord/chp2 3 011 211 3i01 9 Ord.No.3525 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. 4. All provisions of the Huntington Beach Municipal Code which are not in conflict with this section shall apply. 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. 6. The sale of alcoholic beverages shall be prohibited. 7. The number of employees at a cart or kiosk shall be limited to a maximum of two (2) persons at any one time. 8. Fire extinguishers may be required at the discretion of the Fire Department. 9. All cart and kiosk uses shall be self contained for water, waste, and power to operate. 10. A cart or kiosk operator shall provide a method approved by the Planning Director for disposal of business related wastes. D. Parking. Additional parking may be required for cart or kiosk uses by the Planning Director. 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. 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. ord/Ol zoning ord/chp230/12/14/01 10 Ord.No.3525 SECTION 5: This ordinance shall take effect thirty 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 7th day of January , 2002 . ATTEST: City Clerk Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: City Adminisfrator City Attorney INIT ED PROVED: ire for o P1 ing ord/ol zoning ord/chp230/12;13,01 11 Ord. No. 3525 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 17th day of December,2001, and was again read to said City Council at a regular meeting thereof held on the 7th day of January,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, Bauer, Cook, Green, Boardman NOES: None ABSENT: Houchen 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 Independent on ,2002 In accordance x%ith the City Charter of said City City Clerk and ex-officio Clerk Connie Brockway, City Clerk of the City Council of the City Deputy City Clerk of Huntington Beach, California �ti r r Q• ORDINANCE NO. 3526 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE BY AMENDING CHAPTER 231 THEREOF RELATING TO OFF-STREET PARKING AND LOADING PROVISIONS WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and the Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 01-04, which amends various Sections of the Huntington Beach Zoning and Subdivision Ordinance including three sections of SP 5 (Downtown Specific Plan) relating to permit streamlining and development processing; and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1: That Section 231.04 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 231.04 Off-Street Parking and Loading Spaces Required A. Non-residential uses shall provide one loading space (minimum fourteen [14] feet in width, twenty [20] feet in length, and fourteen [14] feet in height) for each 20,000 square feet, or fraction thereof, of gross floor area; however, a maximum of three (3) such spaces are required for buildings exceeding 60,000 square feet. No loading space is required for non-residential uses with less than 20,000 square feet of gross floor area. B. Off-street parking spaces shall be provided in accord with the following schedule. References to spaces per square foot are to be computed on the basis of gross floor area, unless otherwise specified. Where the use is undetermined, the approving body shall determine the probable use and the number of parking and loading spaces required. In order to make this determination, the Director may require the submission of survey data prepared by a state-registered traffic engineer for the applicant or collected at the applicant's expense. Parking spaces over and above the minimum number specified in this section may be required by the body responsible for reviewing the use itself based on the intensity of the use. C. The Director may allow a parking reduction for a change of use if the increase in the required parking is not more than five (5) spaces. The change of use request must be on a site with two or more uses, have a minimum of 50 existing parking spaces and provide an upgrade of existing landscaping. This same reduction may be considered for uses complying with State Handicap Regulations as mandated by State Law and applicable to parking requirements. ord 0lzonins ord;'chp231 11/14 01 1 Ord.No.3526 OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A Use Classification Spaces Residential Single-family Dwellings New construction 0-4 bedrooms 2 enclosed and 2 open 5 or more bedrooms 3 enclosed per unit and 3 open per unit Existing Dwellings 0-4 bedrooms 2 enclosed and 2 open' 5 or more bedrooms 2 enclosed per unit and 3 open per unit' In the RMH-A district 2 enclosed spaces per unit with up to three bedrooms, and 1 space for each additional bedroom; 1 additional space per dwelling where no on-street parking is allowed Multi-family Dwellings Studio/one bedroom 1 enclosed space per unit 2 bedrooms 2 spaces (1 enclosed) per unit 3 or more bedrooms 2.5 spaces (1 enclosed) per unit Guests 0.5 space per unit 'Open spaces may be behind any required spaces and/or on a street adjacent to the property. On-street parking may not be reserved for residents and/or guests but must be available to the general public on a first-come, first-serve basis. Senior Studio/one bedroom 1 covered space per unit Two bedrooms 1.5 spaces per unit (1 covered) Manufactured Homes 2 spaces per unit; one covered, and one may be behind the first Guest 1 per 3 manufactured homes Rooming House 1 space per guest room plus 1 space per owner/manager plus 1 space per each 10 guest rooms Residential Care, Limited 1 per 3 beds Public and Semi-public ord/Olzoning ord/chp231i1 P3%01 2 Ord.No.3526 OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (continued) Use Classification Off-Street Parking Spaces Clubs and Lodges 1 per 35 sq. ft. used for assembly purposes of 1 per 3 fixed seats (18 inches=one seat), whichever is greater Cultural Facilities 1 per 300 sq. ft. gross floor area Day Care, General 1 per staff member plus one per classroom Government Offices 1 per 250 sq. ft. gross floor area Heliports As specified by use permit Hospitals 1 per 1.5 beds Maintenance and Service Facilities 1 per 500 sq. ft. Park and Recreation Facilities As specified by conditional use permit for private facilities Public Safety Facilities As specified by the conditional use permit Religious Assembly 1 per 35 sq. ft. of public assembly area, or 1 per 3 fixed seats (IS inches= 1 seat), whichever is greater Residential Care, General 1 per 3 beds; plus additional spaces, as specified by conditional use permit Schools, Public or Private Preschools, nursery day care 1 per staff member, plus one per classroom Elementary,junior high 1.5 per classroom High school/college 7 per classroom Schools, Public or Private-cont. Trade schools, music 1 per 35 sq. ft. of instruction area conservatories Utilities, Major As specified by conditional use permit Commercial Ambulance Services 1 per 500 sq. ft.; plus 2 storage spaces Animal Sales and Services Animal boarding 1 per 200 sq. ft. Animal grooming 1 per 200 sq. ft. Animal hospitals 1 per 200 sq. ft. Animal, retail sales 1 per 200 sq. ft. Artists' Studios 1 per 1,000 sq. ft. ordi01 zoning ord•'chp231 11::3i01 3 Ord.No.3526 OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (continued) Use Classification Off-Street Parking Spaces Banks and Savings & Loans 1 per 200 sq. ft. Drive-Up Service Queue space for 5 cars per teller Building Materials and Services 1 per 1,000 sq. ft. of lot area; minimum 10 plus 1/300 sq. ft. office area Catering Services 1 per 400 sq. ft. Commercial Recreation and Entertainment Bowling Alleys 3 per lane, plus 1 per 250 sq. ft. of public assembly and retail areas Electronic Game Centers 1 per 200 sq. ft. Health Clubs 1 per 200 sq. ft. Stables 1 per 3 corrals plus 1 horse trailer space for each 10 corrals plus 2 for caretaker's unit Tennis/Racquetball 3 per court Theaters 1 per 3 fixed seats, or 1 per 35 sq. ft. seating area if there are no fixed seats Other Commercial As specified by the Zoning Administrator or Recreation and Entertainment Planning Commission Communications Facilities 1 per 500 sq. ft. Eating and Drinking Establishments with less than 12 seats 1 per 200 sq. ft. with more than 12 seats 1 per 60 sq. ft. or 1 per 100 sq. ft. when on a site with 3 or more uses Eating and Drinking Establishments- cont with dancing Plus 1 per 50 sq. ft. of dancing area with drive through service Plus queue space for 5 cars per service window Food and Beverage Sales 1 per 200 sq. ft. Furniture and Appliance Stores 1 per 500 sq. ft. excluding areas used for storage or loading, but not Iess than 5 Funeral and Interment Services 1 per 35 sq. ft. of seating space Hardware Stores 1 per 200 sq. ft. excluding areas used for storage or loading, but not less than 5 ✓ Horticulture, Limited 1 per 2 acres Laboratories 1 per 500 sq. ft. ord;0lzonins ord."chp23111113101 4 Ord.No.3526 OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (continued) Use Classification Off-Street Parking Spaces Maintenance and Repair Services 1 per 500 sq. ft. Marine Sales and Services 1 per 500 sq. ft. Nurseries 1 per 1,000 sq. ft. of indoor/outdoor sales and/or display lot area accessible for public viewing,but no less than 10; plus 1 per 300 sq. ft. office area Offices, Business and Professional 1 per 250 sq. ft. for less than 250,000 sq. ft.; 1 per 300 sq. ft. for 250,000 sq. ft. or more Offices, Medical and Dental 1 per 175 sq. ft. (includes out-patient medical/surgery centers) Pawn Shops 1 per 200 sq. ft. Personal Enrichment Services I per 35 sq. ft. of instruction area Personal Services 1 per 200 sq. ft. Research and Development Services 1 per 500 sq. ft. Retail Sales Not Listed Under Another 1 per 200 sq. ft. Use Classification Sex Oriented Business (3378-Z!98) Cabaret with less than 12 seats, 1 per 200 sq. ft.; with 12 seats or more, 1 per 60 sq. ft. or 1 per 100 sq. ft. if on a site with three or more uses (3378-2/98) Sex Oriented Business (cont.) Encounter center 1 per 35 sq. ft. of instruction area (3378-2/98) Escort bureau 1 per 250 sq. ft. (3378-2/98) Hotel/Motel 1.1 per guest room; plus 1 per passenger transport vehicle (minimum of 2 stalls) and 2 spaces for any manager's unit and parking for other uses as required by this schedule (3378-2/98) Mini-motion picture theater, 1 per 3 fixed seats, or 1 per 35 sq. ft. seating area motion picture theater or if there are no fixed seats (3378-2/98) motion picture arcade Retail sales 1 per 200 sq. ft. (3378- Z98) Swap Meets, Indoor/Flea Markets 1/100 sq. ft. except as may be modified by the Planning Commission through the conditional use permit process, after submittal, review and approval of a traffic engineering study ord.01 zon in s ord/chp?31/11/3/01 5 Ord.No.3526 OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A(continued) Use Classification Off-Street Parking Spaces Vehicle/Equipment Sales and Services Automobile Rentals 1 per 1,000 sq. ft. of indoor/outdoor sales and/or display lot area accessible for public viewing, but no less than 10; plus 1/300 sq. ft. office area; 1/200 sq. ft. auto service area Automobile Washing(Car Wash) Full-service(attended) 10 With fuel sales 12 Self-service (unattended) 1.5 per wash stall Service Stations full-serve/repair garage 1 per 500 sq. ft. but no less than 5 self-serve 2 with convenience markets 1 per 200 sq. ft. of retail space but no less than 8 with self-serve car wash 4 with self-serve car wash 10 and convenience market Vehicle/Equipment Repair 1 per 200 sq. ft. but no less than 5 Vehicle/Equipment Sales 1 per 1,000 sq. ft. of indoor/outdoor sales and/or and Rentals display lot area accessible for public viewing, but no less than 10: plus 1 per 300 sq. ft. office area; 1 per 200 sq. ft. auto service area Vehicle Storage 1 per 5,000 sq. ft. lot area; no less than 5 Visitor Accommodations: Bed and Breakfast 1 per guest room plus 1 guest and 1 manager/owner space Visitor Accommodations (cont.) Hotels, Motels 1.1 per guest room; plus 1 per passenger transport vehicle (minimum of 2 stalls) and 2 spaces for any manager's unit and parking for other uses as required by this schedule Single Room Occupancy, 1.0 per unit, 10% shall be designated as visitor Residential Hotels parking; 1 per passenger transport vehicle (minimum of 1 stall) one loading space, and 2 spaces for any manager's unit, plus 0.5 per all remaining personnel (3494-5/01) 1.7 Warehouse and Sales Outlets 1 per 200 sq. ft. Industrial Speculative buildings 1 per 500 sq. ft. (maximum 10% office area) ord/Olzonins ord/chp231/11/3,01 6 Ord.No.3526 OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A(continued) Use Classification Off-Street Parking Spaces Manufacturing, research assembly, 1 per 500 sq. ft. packaging Wholesaling, warehousing and 1 per 1,000 sq. ft. distributing space Offices 1 per 250 sq. ft. if office area exceeds 10 percent of gross floor area Outside uses: Storage, wrecking/ 1 per 5,000 square feet of lot area, but no less salvage and lumber yards than 5 Mini-storage facilities Single-story 1 per 5,000 square feet Each additional story 1 per 2,000 square feet plus 2 spaces for any caretaker's unit SECTION 2: That Section 231.08 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 231.08 Reduced Parking for Certain Uses A. The Planning Commission may approve a conditional use permit to reduce the number of parking spaces to less than the number required per Schedule "A" in Section 231.04, provided that the following findings are made: 1. Parking demand will be less than the requirement in Schedule A; and 2. The proposed use of the building or structure, will not generate additional parking demand; and 3. A Transportation Demand Management plan which exceeds the minimum required by Section 230.36 has been approved by the Director. B. The Planning Commission may consider survey data prepared by a state-registered traffic engineer and submitted by an applicant or collected at the applicant's request and expense as a basis for approval of a reduction in required parking. SECTION 3: That Section 231.18 the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 231.18 Design Standards A. Public Works Requirements. Drive entrances on arterial highways shall be located in a manner to coordinate with future median openings and in accord with Department of Public Works standards. The paved surface of driveways and drive entrances shall comply with Department of Public Works specifications. Parking facilities shall be ord-01zonine ord chDZ31/1113/01 7 Ord.No.3526 prepared, graded, and paved to ensure that all surface waters will drain into a public street, alley, storm drain, or other drainage system approved by the Department of Public Works. Aisle ways without adjacent parking shall be a minimum 24 feet in width. B. Circulation Design. All off-street parking spaces shall have access to a public street or alley, and shall have internal circulation, safe entrances and exits, drives, and aisles in conformance with City standards. Every required parking space shall have unobstructed access from an aisle without moving another vehicle. All parking spaces, except residential garages and carports for single-family dwellings and duplexes, shall have forward travel to and from parking facilities when access is to a dedicated street. Traffic circulation shall be designed so that no vehicle need enter a public street in order to progress from one aisle to any other aisle within the same development. Commercial centers which have 200 parking spaces or more shall have at least one main entrance designed as depicted in Diagram B.) COMMERCIAL CENTER MAIN ENTRANCE FOR PARKING LOTS WITH OVER 200 SPACES DIAGRAM B A minimum 3-foot-by-3-foot-wide maneuvering area shall be provided at the end of dead-end parking aisles less than 150 feet in length. A vehicle turnaround space shall be provided at the end of all dead-end parking aisles which exceed 150 feet in length (measured from the closest intersecting aisle with complete circulation). The maneuvering area and turnaround space shall be designed as depicted in Diagram C. Other turnaround arrangements providing the same maneuverability are subject to approval by the Director. Wheel Maneuvenng 1� 9 f I� stop I l area 9 F. i 26 ft. 1 � I ft.. 12" Stcp off arca c rncr.Rxa.> i-z.r,a a TURN-AROUND SPACE AND MANEUVERING AREA DIAGRAM C C. Illumination. All parking area lighting shall be energy-efficient and designed so as not to produce glare on adjacent residential properties. Security lighting shall be provided in areas accessible to the public during nighttime hours, and such lighting shall be on a time-clock or photo-sensor system. ord 0lzoning ord/chpDUI P-•01 8 Ord.No.3526 D. Residential parkin. 1. Garages and Carports. All required garages and carports, permitted as accessory structures, shall be constructed at the same time as the main building and shall be used only by persons residing on the premises for storage of personal vehicles and other personal property. 2. Assignment of Spaces. Each studio and one bedroom dwelling unit shall have a minimum of one assigned parking space and each two or more bedroom units shall have a minimum of two assigned parking spaces. Each dwelling unit shall have an enclosed, assigned space which shall be within 200 feet walking distance of that unit and designated as such. The assigned spaces shall be provided with the rental of a dwelling unit without any additional cost. All unassigned spaces provided on site-shall be open and only used for the parking of vehicles by persons residing on the property or their guests. 3. Turning Radius. The minimum turning radius for any garage, carport or open parking space, entered directly from an alley or driveway, shall be 25 feet. (See Diagram D) STREET GA AGE ------ - ---- --- -AtL-EY- L F- DRIV WAY STREET STREET GAD I V9 D RAW 1231-T U R N.B M P TURNING RADIUS DIAGRAM D 4. Driveway-Width. Length of Drive Minimum Driveway Width 150 feet or less 10 ft. for single family dwellings ord%01 zoning ord chp231,1 P3 01 9 Ord.No.3526 20 ft. for multi-family dwellings Greater than 150 feet 20 feet clear width Exception: when designated as fire lane, all Fire Department requirements shall apply. 5. Guest Parkin. All guest parking shall be fully accessible. 6. Coastal Zone. Each dwelling unit located in the Coastal Zone shall have a minimum of 2 on-site parking spaces. If the total coastal parking requirements exceed the total minimum parking as required by this chapter, the additional required parking spaces may be in tandem with enclosed spaces, provided the tandem space is assigned to an enclosed space and complies with the required turning radius.) 7. Planned Residential Developments. In a planned residential development where a garage is constructed a minimum of 20 feet from the curb, the driveway in front of the garage may be used to provide one of the required uncovered spaces. 8. Privacy gates may be installed without a conditional use permit provided there is compliance with the following criteria prior to the issuance of building permits: 1) Fire Department approval for location and emergency entry. 2) Postmaster approval of location for mail boxes or entry for postal carrier. 3) Shall provide a driveway within a minimum of twenty(20) feet for vehicle stacking. 9. Driveway Air Space. The air space above all driveways which exceed 150 feet in length shall remain open to the sky, except that eaves or roof overhangs with a maximum 4-foot projection may be permitted above a height of 14 feet. 10. Storage Space. 100 cubic feet of enclosed storage space for each unit shall be provided in a secured parking area where there is no private garage. 11. Accessory Dwelling. One additional off-street parking space shall be required for an accessory dwelling, except that in the coastal zone there shall be a minimum of four(4)parking spaces on-site. E. Non-residential Parking and Loading. 1. Designated Parking. Parking spaces within an integrated, non-residential complex shall not be designated for exclusive use of any individual tenant except as authorized by a parking management plan approved by the Director. 2. Parking Controls. Parking controls, such as valet service, or booths, and/or collection of fees may be permitted when authorized by conditional use permit approval by the Planning Commission. Privacy gates may be installed without a conditional use permit provided there is compliance with the following criteria prior to the issuance of building permits: 4) Fire Department approval for location and emergency entry. 5) Postmaster approval of location for mail boxes or entry for postal carrier. 6) Shall provide a driveway with a minimum of twenty(20) feet for vehicle stacking, ord/Ol zoning ordichp231'1113 01 10 Ord.No.3526 3. Minimum Driveway Width. 25 feet when providing access to the rear of a structure.) 4. Reciprocal Access. Reciprocal ingress/egress access with adjacent properties shall be provided.for all commercial properties. 5. Loading Location. On a site adjoining an alley, a required loading space shall be accessible from the alley unless alternative access is approved by the Director. An occupied loading space shall not prevent access to a required parking space. Truck or rail loading, dock facilities, and doors for such facilities shall not face or be located within 45 feet of property zoned or general planned residential. 6. Loading Design. Any loading facility shall be designed and located so that vehicles need not extend onto the public sidewalks, streets or alleys during loading activities. 7. Landscape Buffer. Where the side or rear yard of a parcel is used for loading activities and abuts an R District, a landscaped buffer along the property line shall be provided. F. Seasonal and TemporM Parking Lots. Seasonal and temporary parking lots may be allowed upon approval of a conditional use permit by the Zoning Administrator. Seasonal lots may operate only from Memorial Day through the third weekend in September and shall be located within 1,000 yards of the mean high tide line of the Pacific Ocean. Temporary and seasonal commercial parking lots may be permitted for a maximum of five years. The design and layout of seasonal and temporary parking lots shall comply with this chapter, Fire Department requirements, and the following standards: 1. Paving shall be 2 inches of asphalt over compacted native soil, or as approved by the Department; except seasonal parking lots shall be surfaced to meet minimum specifications for support of vehicles and to provide dust control as required by the Zoning Administrator. 2. Boundaries of such lots shall be marked off and secured by chain or cable, with posts a minimum of 3 feet in height, solidly built. At a minimum,posts shall consist of 4" x 4" wood or equivalent metal posts a minimum of 1-1/2 inches in diameter securely set in the ground and placed 8 feet on center. The posts shall be connected with at least 1 strand of 1/2-inch cable or chain securely fastened to each post. An opening shall be provided to accommodate vehicle access during business hours. Seasonal lots shall be secured to prevent overnight parking between the closing hour on one business day and the opening hour the following business day. 3. Temporary parking lots shall have landscaped planters with an inside dimension of 3 feet along street-side property lines excluding driveways. Landscaping shall be protected from vehicle and pedestrian damage by wheel bumpers (asphalt, concrete, or wood), or asphalt or concrete curbs, or any other design that will provide adequate protection. 4. Seasonal parking lots are exempt from landscaping requirements of Chapter 232. ord 0l zonine ord%chp231 11/101 11 Ord.No.3526 5. Directional and informational signs shall be displayed on-site to identify the entrance(s), fees, and hours of operation. Such signs shall be located at the entrance of the parking lot and shall not exceed 12 square feet and shall be 6 feet high. Signs for seasonal parking lots shall be removed from the site each season no later than the third weekend in September. 6. Automatic entry devices or fee collection points shall be set back a minimum of 20 feet from the public right-of-way, or at a distance recommended by the Department of Public Works and approved by the Director. 7. An attendant shall be on duty at all times during business hours of seasonal parking lots. 8. An approved fire extinguisher shall be provided on the premises during business hours. 9. The site shall be maintained in a clean condition, free from trash and debris. Trash containers shall be placed on the site to accommodate and store all trash that accumulates on the lot. For seasonal parking lots, a certificate of insurance for combined single limit bodily injury and/or property damage including products liability in the amount of$1,000,000 per occurrence shall be filed with the Department of Administrative Services. A hold harmless agreement holding the City harmless shall also be filed with the Department of Administrative Services. Subsequent to approval of an application for any seasonal or temporary parking lot, the applicant shall meet all standards and requirements and install all improvements. The parking lot shall then be inspected and approved by the Director prior to issuance of a Certificate to Operate. G. Parking Structures. Parking structures above or below grade shall be subject to conditional use permit approval by the Planning Commission when no other entitlement is required. In addition, parking structures proposed within the coastal zone shall be subject to approval of a coastal development permit. All parking structures shall comply with the following requirements: 1. Transition ramps which are also used as back-up space for parking stalls shall have a maximum slope of 5 percent. The maximum slope for transition ramps with no adjacent parking spaces shall be 10 percent. A ramp used for ingress and egress to a public street shall have a transition section at least 16 feet long and a maximum slope of 5 percent. 2. Parking structures with over 300 spaces shall provide secondary circulation ramps and additional ingress and egress if deemed necessary by a traffic study prepared by a state-registered traffic engineer. 3. Parking structures shall be provided with a minimum 10-foot-wide perimeter landscape planter at ground level. Parked cars shall be screened on each level through landscape planters or trellises and/or decorative screening wall or railings. The Design Review Board shall approve the landscaping plan. 4. All parking structures shall be architecturally compatible with existing or proposed structures and shall be subject to review and approval by the Design ord/01 zoning ord/chp231 i I 1%3/01 12 Ord.No.3526 Review Board prior to hearing. The Design Review Board shall consider the following factors in reviewing a proposal: bulk, scale, proportion, building materials, colors, signage, architectural features, and landscaping. 5. All parking structures proposed for conversion to a fee parking arrangement shall be subject to conditional use permit approval by the Planning Commission. Public parking structures within the coastal zone proposed for conversion to a fee parking arrangement shall be subject to approval of a coastal development permit. SECTION 4: This ordinance shall take effect thirty 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 7th day of January , 2002. ATTEST: LjJ.1" 14 City Clerk 0-1a-02 Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: City A inistratorj ity Attorney 7 NITIA D APPROVED: Z Direc or of lanning ord%01zoning ord.%chp23l I Ii3,OI 1 Ord. No. 3526 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 17th day of December, 2001, and was again read to said City Council at a regular meeting thereof held on the 7th day of January,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, Bauer, Cook, Green, Boardman NOES: None ABSENT: Houchen 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 Independent on ,2002 In accordance�-,ith the City Charter of said City City Clerk and ex-officio Clerk Connie Brockway, City Clerk of the City Council of the City Deputy City Clerk of Huntington Beach, California If-17-q ORDINANCE NO. 3527 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE BY AMENDING CHAPTER 233 THEREOF RELATING TO SIGNS WHEREAS,pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and the Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 01-04,which amends various Sections of the Huntington Beach Zoning and Subdivision Ordinance including three sections of SP 5 (Downtown Specific Plan) relating to permit streamlining and development processing; and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; NOW,THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1: That Section 233.04 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 233.04 Permits Required Sign permits are required for all signs, unless expressly exempted under Section 233.08. A sign permit (building permit) for a new sign or change in sign panel/face shall be obtained from the Planning and Building and Safety Departments prior to installation. A. Sign Permit. A complete sign application shall include the following information: 1. Two sets of fully-dimensioned plans drawn to scale. The plans shall include the following: a. Site plan indicating the location of all proposed signs, as well as the _ size and location of existing signs on the site. Photographs should be submitted if available. b. Sign elevations, indicating overall square footage and letter/figure dimensions, letter style, color(indicate standard color number if applicable), materials, proposed copy and illumination method. C. Dimensioned building elevations with existing and proposed signs depicted. 2. Property owner approval in the form of a letter or signature on the plans, approving the proposed signs and authorizing submission of the sign application. ord/0I zoning ord/chp2:?/12i 13/01 1 Ord.No.3527 3. For wall signs,method of attachment; for freestanding signs, foundation plan, sign support and attachment plan. 4. Type and method of electrical insulation devices,where applicable. 5. Any design modification from the requirements of this chapter that have been approved shall be noted,.and compliance with the planned sign program, limited sign permit, or sign code exception shall be demonstrated. B. Planned Sign Program. Approval of a planned sign program pursuant to Section 233.20 shall be required prior to application for a sign permit for the following requests: 1. A site with five or more non-residential businesses or uses. 2. A site with two or more freestanding identification signs where there is a request for a new freestanding sign. 3. Commercial properties with 1,300 feet or more on one street frontage requesting more freestanding signs than allowed pursuant to Section 233.06. 4. Consolidated subdivision directional signs identifying multiple projects on multiple sign panels. 5. Service stations. 6. Wall signs for second floor businesses with exterior access. 7. Wall signs installed on a building wall not adjacent to the business suite. C. Sign Code Exception: The Director may grant approval for a sign code exception of not more than 10% in sign height or sign area. Ten(10) working days prior to submittal for a building permit, applicant shall notice adjacent property owners and tenants by first class mail. Notice of application shall include the following: 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 Director shall receive entire list including name and address of those receiving the mailing. The Design Review Board shall review and render a recommendation to the Director for sign code exception requests of more than 10% in sign height or sign area supergraphics, three-dimensional signs, and relief from the strict application of Section 233.06. .The following findings shall be made prior to approval of any sign code exception: 1. The sign is compatible with the character of the area and is needed due to special circumstances defined by the applicant and applicable to the property. ord/Olzoning ord/chp233/12/13/01 2 • Ord.No.3527 2. The sign will not adversely affect other signs in the area. 3. The sign will not be detrimental to properties located in the vicinity. 4. The sign will not obstruct vehicular or pedestrian traffic visibility and will not be a hazardous distraction. D. Limited Sign Permit: The owner of a sign which does not conform to the provisions of Section 233.06 may file an application for a limited sign permit to the Director for permission to change the face or copy of such sign. A limited sign permit cannot be processed for illegal signs or signs listed as prohibited in Section 233.10. The Director may approve the face change and extend a sign's use for a time period deemed appropriate,not to exceed two (2)years. A sign permit shall be obtained prior to installation of.the new sign panel/face. A cash bond in an amount determined by the Director to reflect the cost of removal based on information provided by a sign company shall be required to guarantee the sigh's removal upon expiration of the limited sign permit. Approval shall be subject to the following findings: 1. Due to unique circumstances, the sigh's immediate removal will result in a substantial hardship for the applicant. 2. The sign will not adversely affect other lawfully erected signs in the area. 3. The sign will not be detrimental to properties located in the vicinity. 4. The sign will be in keeping with the character of the surrounding area. 5. The sign will not obstruct vehicular or pedestrian traffic visibility and will not be a hazardous distraction. E. Design Review Board. When authorized by the provisions of this code, the Design Review Board(DRB) shall review and render a recommendation to the appropriate decision maker(Zoning Administrator, Director, Planning Commission, etc.) on the following items prior to application for a sign permit to the Building Department: 1. Electronic Readerboard Sims. _ 2. Signs on properties within the following areas: a. Redevelopment project areas; b. Areas subject to specific plans which do not include design guidelines for signs; C. Areas within 500 feet of PS (Public Semipublic) districts; d. OS-PR(Open Space-Parks and Recreation) and OS-S (Open Space- Shoreline districts); and e. Areas designated by the City Council. ord/O I zonin.-ord/chp233/12/13/01 3 Ord.No.3527 F. TempoM Sign Permits. The Director may issue a temporary sign permit valid for up to 30 days, if it is found that the temporary sign is necessary to establish or maintain identity until a permanent sign can be erected. Extensions of the 30 day permit may be granted at the discretion of the Director. The Director may also approve a temporary sign permit for the following temporary signs provided the signs conform with the standards defined in Section 233.06: 1. Signs necessary to avoid a dangerous condition, including directional signs during construction. 2. Signs pertaining to a use permitted by a temporary use permit. 3. Promotional activity non-exempt signs, a maximum of 90 days per calendar year pursuant to Section 233.18. SECTION 2: That Section 233.20 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 233.20 Planned Sign Program A planned sign program shall be submitted to the Director when required by Section 233.04 B. Such program shall be reviewed and approved by the Director prior to issuance of any permit for signs. The purpose of the planned sign program is to encourage coordinated and quality sign design as well as to permit more flexible sign standards for commercial and industrial centers. The standards of Section 233.06 shall be used as a guide in the design of a planned sign program. The property owner shall designate a person or firm as the primary liaison with the City for the purpose of submitting sign permit requests in conformance with the approved planned sign program. A. Planned sign program applications shall be submitted to the Planning Division and shall include the following: 1. A site plan, drawn to scale, depicting the precise locations of all buildings and signs; 2. Drawings and/or sketches indicating the exterior surface details of all buildings on the site on which wall signs, directory signs, or projecting signs are proposed; 3. Written text describing the specific sign criteria for the property. The program shall, at minimum, include provisions regulating sign height, area, sign type, colors, design and location. 4. A statement of the reasons for any requested modifications to the provisions or standards of this chapter; and 5. The name, address, and telephone number of the person or firm responsible for administering the planned sign program. B. A planned sign program may include more than one freestanding sign per parcel or other deviations from the standards of this chapter, provided that the total sign area does not exceed the area otherwise permitted by Section 233.06 by more than ord/O l zon ing ord/chp233/12/13 M 4 Ord.No.3527 10 percent, or by 30% for multiple automobile franchises occupying the same lot, and commercial businesses with 50,000 square feet or more of floor area. In approving a planned sign program, the Director shall find: 1. That the proposed signs are compatible with the style or character of existing improvements on the site and are well related to each other,reflecting a common theme and design style. C. The Director may require any reasonable conditions necessary to carry out the intent of the planned sign program. For developments with existing signs, a schedule or phasing plan for bringing such signs into conformance with the planned sign program shall be submitted and become part of the approval. A cash bond may be required to guarantee their modification or removal. SECTION 3: This ordinance shall take effect thirty 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 7th day of January , 200 2 . ATTEST: ,,,(', __ X" City Clerk a1-Ir M Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: City Ad istrator #4—City Attorney INIT TED AND APPROVED: Director of Planning ord/Ol zoning ord/chp233/12/1301 5 Ord. No. 3527 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 17th day of December,2001,and was again read to said City Council at a regular meeting thereof held on the 7th day of January,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, Bauer, Cook,Green,Boardman NOES: None ABSENT: Houchen ABSTAIN: None I,Connie Brockway CITY CLERK of the City of Mu,tington Beach and ex-officio Clerk of the City Co=cil,do hereby certify that a synopsis of this ordinance has been published in the Independent on ,2002 In zz:cordancewith the City Charter of said City City Clerk and ex-officio Clerk Connie Brockway, City Clerk of the City Council of the City Deputy city Clerk of Huntington Beach, California (2_17_0l ORDINANCE NO. 3528A AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 236 OF THE HUNTI'i 1GTON BEACH ZONING AND SUBDIVISION ORDINANCE RELATING TO NONCONFORMING USES AND STRUCTURES The City Council of the City of Huntington Beach does hereby ordain as follows: _ SECTION 1. Section 236.06 of the Huntington Beach Municipal Code is hereby amended to read as follows: 236.06 Alterations to a Nonconforming Structure or Use A. Interior alterations and/or repairs may be made which do not enlarge the square footage or increase the height of a nonconforming use. Reroofing for health and safety purposes may also be permitted. B. A structure for a nonconforming use shall not be enlarged or altered on the exterior in any manner unless: l. All aspects of the existing structure and the proposed addition are made to conform to applicable provisions of this Code, or 2. The Zoning Administrator permits such alteration subject to approval of a conditional use permit with the following findings: a. That the alteration is necessary to secure added safety or reduce the fire hazard or to improve the aesthetic appearance of the structure's architecture by bringing the design into greater conformance with the surrounding neighborhood. b. That the alteration or addition will not increase the number of stories. C. That the alterations will not cause the floor area to exceed more than ten (10%) percent of the floor area the structure contained at the time the use became nonconforming. C. Nonconforming structures may be altered or enlarged provided that the alteration or enlargement is in conformance with applicable provisions of Titles 21 and 22. D. Additions to nonconforming structures proposed to be constructed at the existing nonconforming yard setbacks shall be subject to approval of a conditional use permit by the Zoning Administrator. E. The area of enlargement to a nonconforming structure in any five year period shall not exceed 50% of the area of the structure as it exists on the effective date of this ordinance. ord/O1 zon/chp236 12.'6/Ol 1 Ord. No. 3528A SECTION 2 This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of January 72002 Mayor ATTE T: • �� u�- APPROVED AS TO FORM: City Clerk 01-j0-02 �� r City Attorney �- REVIEWED AND APPROVED: (I-pt t61 INITIA ED AND APPROVED: City A >nistrator Z Director of Planning ord OIzon%chp236 116/01 2 Ord. No. 3528A 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 17th day of December, 2001, and was again read to said City Council at a regular meeting thereof held on the 7th day of January,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,Bauer, Cook, Green, Boardman NOES: None ABSENT: Houchen 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 Independent on ,2002 In accordance NNith the City Charter of said City City Clerk and ex-officio Clerk Connie Brockway, City Clerk of the City Council of the City Deputy City Clerk of Huntington Beach, California '2-li-OI ORDINANCE NO. 3528E AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE BY AMENDING CHAPTER 241 THEREOF RELATING TO VARIOUS USE PERMITS AND WAIVER OF DEVELOPMENT STANDARDS WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and the Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 01-04, which amends various Sections of the Huntington Beach Zoning and Subdivision Ordinance including three sections of SP 5 (Downtown Specific Plan) relating to permit streamlining and development processing; and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1: That Section 241.04 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 241.04 Authority of Planning Commission and Zoning Administrator The Planning Commission or the Zoning Administrator, as the case may be, shall approve or conditionally approve applications for conditional use permits or variances upon finding that the proposed conditional use permit or variance is consistent with the General Plan, and all applicable requirements of the Municipal Code, consistent with the requirements of Section 241.10. The Planning Commission shall act on all variances except the Zoning Administrator may act on variances not exceeding twenty percent deviation from site coverage, separation between buildings, height, setback, parking, and landscape requirements. SECTION 2: That Section 241.20 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 241.20 Temporary Use Permits A temporary use permit authorizing certain temporary use classifications, as defined in Chapter 204 and as listed in the land-use controls for the base districts in which the use will be located, and use of manufactured homes for temporary construction offices, shall be subject to the following provisions: A. Application and Fee. A completed application form and the required fee shall be submitted to the Director. The Director may request any other plans and materials necessary to assess the potential impacts of the proposed temporary use. B. Director. The Director shall act on temporary uses held for three or fewer consecutive days that do not include live entertainment. The Director shall approve, ord;0lzoning ord/chp241/11/14%01 1 Ord. No. 3528B approve with conditions, or deny a complete application within a reasonable time. No notice or public hearing shall be required for uses which are held for 3 or fewer consecutive days. Such uses shall be approved with a temporary activity permit. C. Duties of the Zoning Administrator. The Zoning Administrator shall act on temporary uses held for more than three days or that include live entertainment. The Zoning Administrator shall approve, approve with conditions, or deny a complete application within a reasonable time. D. Required Findings. The application shall be approved as submitted, or in modified form, if the Director or Zoning Administrator finds: 1. That the proposed temporary use will be located, operated and maintained in a manner consistent with the policies of the General Plan, and if located within the coastal zone, consistent with the policies of the Local Coastal Program, and the provisions of this chapter; and 2. That approval of the application will not be detrimental to property or improvements in the surrounding area or to the public-health, safety or general welfare. E. Conditions of Ap rp oval. In approving a temporary use permit, the Director or the Zoning Administrator may impose reasonable conditions necessary to: 1. To be consistent with the General Plan and in the coastal zone to be consistent with the Local Coastal Program; 2. Protect the public health, safety, and general welfare; or 3. Ensure operation and maintenance of the temporary use in a manner compatible with existing uses on adjoining properties and in the surrounding area. F. Bond for Temporary Uses. A $500 cash bond shall be required to guarantee removal of any structure, clean up of site upon termination of the temporary use, and to guarantee maintenance of the property. A S1,000 cash bond shall be required for a subdivision sales office and each model home to guarantee compliance with all provisions of Titles 17 and 20 through 25. G. Effective Date; Duration; Appeals. An approved temporary(conditional) use permit shall be effective 10 days after the date of its approval, unless appealed in accord with Chapter 248. The permit shall be valid for a specified time period not to exceed 30 days unless a longer period is granted by the Zoning Administrator. A temporary use permit shall lapse if not used within the dates approved and may be revoked by the Zoning Administrator effective immediately upon verbal or written notice for violation of the terms of the permit. Verbal notice shall be confirmed by written notice mailed to the permit holder within 48 hours. The Zoning Administrator may approve changes in a temporary use permit. SECTION 3: That Section 241.22 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: ord:`01zonina ord.chP241<_11 8.01 2 Ord. No. 3528B 241.22 Waiver of Development Standards A. Standards Which Can be Waived. The Director may waive development standards for setbacks, open space, separation between buildings, height of buildings or fences, site coverage and landscaping without a conditional use permit or a variance, only if he finds that such a waiver improves project design and does not exceed 10 percent deviation. No other standards shall be subject to this waiver provision. B. Time Limit. A waiver shall become null and void six months after date of approval. C. Extensions. A waiver shall not be extended for more than one year unless the applicant demonstrates that no circumstances relevant to the approval of the waiver, including other development in the neighborhood, have changed from the time of approval. D. Limitations. A waiver may not be granted if the waiver would in any way degrade the environment or result in any changes to classification of land use or to height or density. Also, projects not otherwise subject to discretionary review (i.e., conditional use permit, variance, coastal development permit, or subdivision approval) may not apply for waiver. E. Decisions and Appeals. The Director's decision may be appealed in accord with Chapter 248. The Director's decision shall be distributed to the City Council, Planning Commission, and Zoning Administrator within 48 hours of such decision. SECTION 4: This ordinance shall take effect thirty 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 7th day of January , 2002 . ATTEST: 7 City Clerk 01-l0-02 Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: " `, %1 .0 City Admi s rator � City Attorne INITIANED AND APPROVED: z*z?;-��� r- 2 Director of Planning ord101 zonm2 ordichp241,1 1 '_'01 3 Ord. No. 3528B 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 17th day of December, 2001; and was again read to said City Council at a regular meeting thereof held on the 7th day of January, 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, Bauer, Cook, Green, Boardman NOES: None ABSENT: Houchen ABSTAIN: None I,Connie Brockway CITY CLERK of the City of Huntington Beach and ex-of£cio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Independent on ,2002 In accordance with the City Charter of said City City Clerk and ex-officio Clerk Connie Brockwa , CCily Clerk of the City Council of the City Deputy City Clerk of Huntington Beach, California ORDINANCE NO. 3529 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE BY AMENDING CHAPTER 244 THEREOF RELATING TO DESIGN REVIEW WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and the Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 01-04, which amends various Sections of the Huntington Beach Zoning and Subdivision Ordinance including three sections of SP 5 (Downtown Specific Plan) relating to permit streamlining and development processing; and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1: That Section 244.02 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 244.02 Applicability Design review is required for projects in redevelopment areas, areas subject to specific plans, areas designated by the City Council, projects abutting or adjoining PS districts and sign code exceptions pursuant to Section 233.04. SECTION 2: This ordinance shall take effect thirty 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 7th day of January 12002 . ATTEST: e�x/ �� b:�/ City Clerk 01- 10--oz Mayor REVIEWED AND APPROVED: APPROVED AS TO FORA: City Administrator ity Attorney INIT D APPROVED: r-A-L HZ Director of Panning ord OI zonins ord-chP244/1 1.2;01 l Ord. No. 3529 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 17th day of December,2001, and was again read to said City Council at a regular meeting thereof held on the 7th day of January,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, Bauer, Cook, Green,Boardman NOES: None ABSENT: Houchen 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 Independent on ,2002 In accordance with the City Charter of said City City Clerk and ex-officio Clerk Connie Brockway, City Clerk of the City Council of the City Deputy City Clerk of Huntington Beach, California 17 r7—al ORDINANCE NO. 3530 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE BY AMENDING CHAPTER 250 THEREOF RELATING TO GENERAL PROVISIONS WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and the Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 01-04, which amends various Sections of the Huntington Beach Zoning and Subdivision Ordinance including three sections of SP 5 (Downtown Specific Plan)relating to permit streamlining and development processing; and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1: That Section 250.14 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 250.14 Map Requirements A. Tentative and Final Map. A tentative and final map shall be required for all subdivisions creating five or more parcels, five or more condominiums as defined in Section 783 of the Civic Code, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units. Exceptions as stated in Section 66426 of the Subdivision Map Act shall comply with Subsection B. B. Tentative and Parcel Map. A tentative and parcel map shall be required for all divisions of land into four or fewer parcels and exceptions stated in Section 66426 of the Subdivision Map Act. However parcel maps shall not be required for: 1. Subdivisions of a portion of the operating right-of-way of a railroad corporation, which are created by short-term leases terminable by either party on not more than 30 days' notice in writing. 2. Land conveyed to or from a governmental agency, public entity or public utility, or for land conveyed to a subsidiary of a public utility for conveyance to such public utility for rights-of-way, unless a showing is made by the Department in individual cases, upon substantial evidence, that public policy necessitates a parcel map. If a parcel map is not required, the dedication or offer must be indicated by a separate instrument. 3. Lot line adjustments, provided: ord/Ol zoning ord/chp2_50/1 l i 14.01 1 Ord. No. 3530 a. No additional parcels or building sites are created; b. The resulting parcels conform to Titles 20-24 (Zoning) of this Code; C. The lot line adjustment shall not sever any existing structure on either of the two parcels. d. The lot line adjustment shall not allow a greater number of dwelling units than allowed prior to the adjustment. e. The lot line adjustment is approved by the Director or by the Planning Commission on appeal; and f. A plat map showing the lot line adjustment is prepared, approved, and filed in accord with the provisions of Section 253.24. 4. Parcel maps waived by the Zoning Administrator as provided by Section 251.20. C. Designation of Remainder Parcel. When a subdivision includes a remainder parcel as provided in Section 66424.6 of the Subdivision Map Act, the remainder parcel shall be in conformance with Titles 20-24 and shall require a Certificate of Compliance as provided by Section 258.06. SECTION 2: This ordinance shall take effect thirty 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 7th day of January 12002 . ATTE T: City Clerk 4 10-oZ Mayor REVIEWED AND APPROVED: APPROVED 4S TO FORM: � 15 1 lo v City Ad inistrator tii City Attorney INITLAIED AND APPROVED: Dire or of Planning ordi01 zoning ordichp2�011 1.2.01 2 Ord. No. 3530 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) 1, 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 17th day of December,2001, and was again read to said City Council at a regular meeting thereof held on the 7th day of January,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, Bauer, Cook, Green, Boardman NOES: None ABSENT: Houchen 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 Independent on ,2002 In accordance with the City Charter of said City City Clerk and ex-officio Clerk Connie Brockway,City Clerk of the City Council of the City Deputy City Clerk of Huntington Beach, California ORDINANCE NO. 5 t AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE BY AMENDING CHAPTER 257 THEREOF RELATING TO MERGERS WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and the Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 01-04, which amends various Sections of the Huntington Beach Zoning and Subdivision Ordinance including three sections of SP 5 (Downtown Specific Plan) relating to permit streamlining and development processing; and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1: That Section 257.04 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 257.04 Notice of Intention to Determine Status Prior to recording a Notice of Merger, the Director shall mail, by certified mail, a Notice of Intention to Determine Status to the current record owner of the property. The notice shall state that the affected parcels may be merged pursuant to this chapter and that, within 30 days from the date the Notice of Intention was recorded, the owner may request a hearing before the Director to present evidence that the property does not meet the criteria for merger. The Notice of Intention to Determine Status shall be filed for record with the County Recorder by the Director on the same day that the notice is mailed to the property owner. SECTION 2: That Section 257.06 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 257.06 Hearing on Determination of Status The owner of the affected property may file a written request for a hearing with the Director within 30 days after recording of the Notice of Intention to Determine Status. Upon receipt of the request, the Director shall set a time, date and place for a hearing before the Director and notify the owner by certified mail. The hearing shall be conducted within 60 days following the receipt of the owner's request, or may be postponed or continued by mutual consent of the Director and the propertv owner. At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the requirements for merger specified in this chapter. ord 01zonin.-ord:'chp257'1114/01 1 Ord. No. 3531 At the conclusion of the hearing, the Director shall determine whether the affected parcels are to be merged or are not to be merged and shall notify the owner of the determination. Such notification shall be mailed to the property owner by the Director within five days of the date of the hearing. SECTION 3: That Section 257.08 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 257.08 Determination of Merger If the Director makes a determination that the parcels are to be merged, a Notice of Merger shall be filed for record with the County Recorder by the Director within 30 days of the conclusion of the hearing, unless the decision has been appealed pursuant to Section 257.10. The Notice of Merger shall specify the name of the record owner and a description of the property. If the Director makes a determination that the parcels shall not be merged, a release of the Notice of Intention to Determine Status shall be filed for record with the County Recorder by the Planning Department within 30 days after the Director's determination and a clearance letter shall be mailed to the owner by the Director. SECTION 4: That Section 257.10 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 257.10 Appeals The determination of the Director may be appealed to the Planning Commission in accordance with Chapter 248, provided that the appeal shall be filed within 10 calendar days of the date of mailing of the Notice of Determination and the Planning Commission shall hear the appeal within 60 days from the date of appeal. If, after this hearing, the Planning Commission grants the appeal and determines that the affected property has not been merged pursuant to this chapter, the Director shall, within 30 days after the Planning Commission determination, file with the County Recorder a release of the Notice of Intention to Determine Status and mail a clearance letter to the owner. SECTION 5: That Section 257.12 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 257.12 Determination When No Hearing Is Requested If the owner does not file a request for a hearing within 30 days after the recording of the Notice of Intention to Determine Status, the Director may, at any time thereafter, make a determination that the parcels are or are not to be merged. If they are to be merged, a Notice of Merger shall be filed for record with the County Recorder by the Director within 90 days after the mailing of the Notice of Intention to Determine Status pursuant to Section 257.04. SECTION 6: That Section 257.16 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 257.16 Request for Determination by Owner Upon written application made by the owner to the Director, the Director shall make a determination that the affected parcels have merged or are to be merged. If the Director determines that the parcels have not merged, the owner shall be so notified by the Director. ord:"01zonins ord chp257i11 2.'01 2 Ord. No. 3531 If the Director determines that the parcels were merged but that they meet the conditions for unmerger in Section 257.18, a Notice of Status shall be issued to the owner and filed for record with the County Recorder by the Director. The Notice of Status shall identify each parcel and declare that they are unmerged pursuant to this chapter. If the Director determines that the parcels were merged but do not meet the conditions for unmerger in Section 257.18, a Notice of Merger specifying the record owner and description of the parcel shall be issued to the owner and filed for record with the County Recorder by the Director. The owner may appeal the decision of the Director to the Planning Commission in accordance with Chapter 248, provided that the appeal must be filed within 10 calendar days of the date of the mailing of the Notice of Merger. The Planning Commission shall hear the appeal within 60 days from the date of appeal. SECTION 7: This ordinance shall take effect thirty 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 7th day of January 32002 . ATTE T: City Clerk of—j a-d2 rMayor REVIEWED AND APPROVED: APPROVED AS TO FORM: to City A ministrator i��-City Attorney NIT TED ND APPROVED: �J v Z it for of Planning ord 01:zonine ord.'chp2�,7 1 1 2,'01 3 Ord. No. 3531 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 17th day of December, 2001, and was again read to said City Council at a regular meeting thereof held on the 7th day of January,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, Bauer, Cook, Green, Boardman NOES: None ABSENT: Houchen ABSTAIN: None 1,Connie Brock nay 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 Independent on ,2002 In accordance«ith the City Charter of said City City Clerk and ex-officio Clerk Connie Brockway. City Clerk of the City Council of the City Deputy City Clerk of Huntington Beach, California I2—tl-a� ORDINANCE NO. 3532 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH SPECIFIC PLAN RELATING TO THE DOWNTOWN PARKING MASTER PLAN The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 4.4.01 of the Huntington Beach Specific Plan is hereby amended to read as follows: 4.4 DISTRICT#2: RESIDENTIAL Purpose. This District allows residential development exclusively. While allowing higher densities, the District employs graduated height limits and proportional setback requirements to keep the scale of new developments compatible with the existing residential neighborhood. Boundaries. District#2 includes the first block along PCH to Walnut Avenue between Goldenwest Street and 6th Streets except for the area included in District#1. 4.4.01 Permitted Uses. The following residential uses may be allowed in District No. 2: For example: (a) Single Family Detached Dwellings which comply with the development standards of District 2 may be allowed subject to approval by the Director. All standards within the Downtown Specific Plan, District 2 shall apply to the construction of single-unit dwellings, except as specifically identified below (Resolution No. 5760): (1) Parking requirements shall be as required for single-unit dwellings for the Oldtown/Townlot areas in Article 960. (2) Open space requirements shall be as required for the Oldtown/Townlot areas in Article 913. (3) Maximum building height shall be thirty(30) feet for main dwellings and fifteen (15) feet for detached accessory buildings. In addition, the maximum building height shall be twenty-two (22) feet within twenty-five (25) feet of the front property line. (4) Minimum parcel size shall be as stated in Article 913. (5) The requirements of Section 9130.13 shall apply, including single-unit dwelling design standards. (b) Multi-family housing, apartments, condominiums, single family detached dwellings that do not comply with Subsection (a) above, and stock-cooperatives subject to the approval of a Conditional Use Permit. jmp:planning-4-4-4 4-6 4-3 ard%10•26.;00 1 Ord. No. 3532 4.4.02 Minimum Parcel Size. The minimum parcel size for development shall be twenty-five (25) feet of frontage and 2,500 square foot net size area. 4.4.03 Maximum Density/Intensity. The maximum allowable number of residential dwelling units (du) shall increase as the parcel size increases according to the following: Lot Size(Frontage) Maximum Allowable Density less than 50' 1 du 50' 4 du 5 F up to full block ldu/1,452 sq. ft. of net lot area or 30 units per net acre SECTION 2. Section 4.6.01 of the Huntington Beach Specific Plan is hereby amended to read as follows: 4.6 DISTRICT #4: MIXED-USE; OFFICE RESIDENTIAL Purpose. This District flanks the Downtown core area, separating the area along Main Street from the outlying areas which are primarily residential. The purpose of this District is to provide a transition zone between the existing residential areas to the commercial Main Street corridor. Consequently, mixes of office and residential uses are permitted. Boundaries. District #4 includes the half-blocks on the northwest side of the Main Street core area from 6th Street to the alley between 6th and 5th Streets; and from the alley between 3rd and 2nd Streets to the alley between 2nd and First Streets, between Wainut and Orange Avenues. 4.6.01 Permitted Uses. (a) The following list of principal uses in District No. 4 may be allowed. Other office-residential related uses not specified herein may be allowed subject to the approval of the Director. Change of use shall be subject to the approval of the Director. For example: • Office Use -professional, general business and non-profit offices. • Outdoor dining pursuant to S.4.2.33 • Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach Municipal Code. • Commercial Use - Commercial uses which are integrated within and clearly incidental to an office use, shall be permitted provided that it cumulatively does not exceed ten (10) percent of total gross floor areas of the development. Note: Single Family Detached dwellings which comply with the development standards in District #4 shall be subject to the approval by the Director in lieu of a conditional use permit jmp planning 4-4-: -G 4-8 ordi1026-00 2 Ord. No. 3532 (b) The following list of uses and any new construction, or change of such use in District No. 4 may be allowed subject to approval of a Conditional Use Permit. For example: • Residential Use - multi-family housing, apartments, condominiums and stock cooperatives. • Mixed-Use - Mixed Residential/Office Use developments shall be permitted provided that residential uses: Be segregated to separate structure or restricted to the second story or above; Not occupy any portion of the same story with non-residential uses, unless they are provided with adequate physical and acoustical separation; Be on contiguous floors within a single structure; Be provided with separate pedestrian ingress and egress; SECTION 3. Section 4.8.01 of the Huntington Beach Specific Plan is hereby amended to read as follows: 4.8 DISTRICT #6: MIXED USE: COMMERCIAL/OFFICE/RESIDENTIAL Purpose. This District encompasses the area north of the Downtown core and includes the public library. It is intended to provide a location for neighborhood commercial enterprises to serve surrounding residents. as well as office space, public facilities and residential uses. This mixed use node will anchor the inland end of the Main/Pier corridor. Boundaries. District#6 consists of the blocks located between Sixth Street and Lake Street from Orange Avenue to Palm Avenue. 4.8.01 Permitted Uses. (a) The following list of uses which establishes new neighborhood commercial uses and which cater to year round residents in District No. 6 may be allowed. Other commercial/office/ residential related uses not specified herein may be allowed subject to the approval of the Director. Change of use shall be subject to the approval of the Director. For Example: Antique stores Art Gallery Bakeries Banks Barber, beauty, manicure shops Bicycle sales, rental and repair Bookstores Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach Municipal Code Clothing stores Delicatessens jmp/planninJ4-4-3 4-6 4-8 ord.%10:26%00 3 Ord. No. 3532 Drug stores Dry cleaning Florists Glass shops Groceries Hardware stores Ice House Laundromats, laundries Newspaper and magazine stores Newsstands Offices Outdoor dining pursuant to S.4.2.33 Photographic equipment sales Photographic processing Photographic studios Public facilities Shoe repair Shoe stores Sporting goods Tailor shops Travel agency Undertakers (b) The following list of uses and any new construction, or change of such use in District No. 6 may be allowed subject to approval of a Conditional Use Permit. For example: Dancing and/or live entertainment Health and sports clubs Liquor stores Permanent parking lots and parking structures Residential Uses Restaurants (c) Residential uses are allowed in conjunction with commercial uses and/or separate from commercial uses in this district subject to conditional use permit. Single family dwellings are subject to Director approval. (d) The frontage on 3rd and Lake Streets between Orange and Palm Avenues may be residential. 4.8.02 Minimum Parcel Size. The minimum parcel size for development shall be two thousand five hundred (2,500) square feet and twenty-five (25) feet of frontage. Existing parcels greater than twenty-five (25) feet in width shall not be subdivided to create 2,500 square foot lots. 4.8.03 Maximum Densitv/Inten sit y. The maximum intensity of development shall be calculated by floor area ratio (FAR) for this District. The floor area ratio shall apply to the entire project area. Floor area ratios shall be calculated on net acreage. (a) The maximum allowable number of residential dwelling units shall be 1 du/1,742 square feet net lot area or twenty-five (25) units per net acre. j mp planning_44-4 4-6 4-3 ord/10/226M 4 Ord. No. 3532 (b) Lot Size Maximum FAR Less than half-block 1.5 Half-block or greater 2.0 4.8.04 Maximum Building Height. The maximum building height shall be as follows: Lot Size (Frontage) Height less than 100' 2 stories/30 feet 100' up to but less than 3 stories/35 feet a full block full block 4 stories/45 feet 4.8.05 Maximum Site Coverage. No maximum site coverage shall be required in this District. 4.8.06 Setback (Front Yard). The minimum front yard setback for all structures exceeding forty-two (42) inches in height shall be fifteen (15) feet; Exception: Parcels fronting on Fifth and Third Streets may be reduced to five (5) feet and parcels fronting on Main Street must build to within (5) feet of the property line. SECTION 4. This ordinance shall become effective immediately upon certification by the California Coastal Commission. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the Tth day of January , 200t? ATTE T: City Clerk al—lo—A Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: Cit dministrator City Attorney NIT TED AND APPROVED: Z Planning Director jmp'planning—;4-4-4 4-6 4-8 ord.; 0/26,00 5 Ord. No. 3532 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 17th day of December,2001, and was again read to said City Council at a regular meeting thereof held on the 7th day of January,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,Bauer, Cook, Green, Boardman NOES: None ABSENT: Houchen 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 Independent on ,2002 In accordance with the City Charter of said City City Clerk and ex-officio Clerk Connie Brockway, City Clerk of the City Council of the City Deputy City Clerk of Huntington Beach, California Director. The Cemmunity Develepment DepaAme 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 I 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 Impact Report (EIR). A report complying with the requirements of the California Environmental Quality Act (CEQA) and its implementing guidelines. Environmentally Sensitive (habitat)Area. A wetland or any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments. Exemption, Categorical. An exception from the requirements of the California Environmental Quality Act (CEQA) for a class of projects, which have been determined to not have a significant effect on the environment. Family. A single individual or two or more persons living together as a single housekeeping unit in a dwelling unit. legisdr8/zoning code/203LD/11/3/01 6 D. Industry, Research and Development. Establishments primarily engaged in the research, development, and controlled production of high-technology electronic, industrial or scientific products or commodities for sale,but prohibits uses that may be objectionable in the opinion of the Director,by reason of production of offensive odor, dust, noise, vibration, or in the. opinion of the Fire Chief by reason of storage of hazardous materials. Uses include aerospace and biotechnology firms, and non-toxic computer component manufacturers. (3334-6/97) This classification also includes assembly, testing and repair of components, devices, equipment, systems,parts and components such as but not limited to the following: coils,tubes, semi-conductors; communication, navigation, guidance and control equipment; data processing equipment; filing and labeling machinery; glass edging and silvering equipment; graphics and art equipment; metering equipment; optical devices and equipment; photographic equipment; radar, infrared and ultraviolet equipment; radio and television equipment. (333416/97) This classification also includes the manufacture of components, devices, equipment,parts and systems which includes assembly, fabricating,plating and processing, testing and repair, such as but not limited to the following: machine and metal fabricating shops, model and spray painting shops, environmental test, including vibration analysis, cryogenics, and related functions,plating and processing shops, nuclear and radioisotope. (3334-6/97) This classification also includes research and development laboratories including biochemical and chemical development facilities for national welfare on land, sea, or air; and facilities for film and photography, metallurgy;pharmaceutical, and medical and x-ray research. (3334-6/97) E. Wholesaling, Distribution and Storage. Storage and distribution facilities without sales to the public on-site or direct public access except for recycling facilities and public storage in a small individual space exclusively and directly accessible to a specific tenant. This classification includes mini-warehouses. (3334-6/97) 204.14 Accessory Use Classifications (3334-6/97) Accessory Uses and Structures. Uses and structures that are incidental to the principal permitted or conditionally permitted use or structure on a site and are customarily found on the same site. This classification includes detached or attached garages, home occupations, caretakers'units, and dormitory type housing for industrial commercial workers employed on the site, and accessory dwelling units. (3334-6/97) 204.16 Temporary Use Classifications (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/11/8/01 10 3�2J 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. Temporary Event. Those temporary activities located within the coastal zone that do not qualify for an exemption pursuant to Section 245.08. (3334- 6/97) K. Tent Event. Allows for the overflow of religious assembly for a period not to exceed 72 consecutive hours and not more than once every 3 months. legisdrftlzoning code/204LM 1/8 01 I 1 Ordinance No. �sa� LEGISLATIVE DRAFT Chapter 211 C Commercial Districts 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/211 LD'12%13101 1 3322 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 L-2L11 L-2L11 - 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 L-2P L-2P - (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 PC ZAT - Schools, Public or Private PC PC - Utilities, Major PC PC PC Utilities, Minor P P P (L) (rest of page not used) legis drfUzoning/21 I LD/12.'13 01 2 352Z 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 (7)(Q)(R) (3341-10/96) Ambulance Services - ZA - Animal Sales & Services Animal Boarding - PG ZA - Animal Grooming - P - Animal Hospitals - gG 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 ZAP ZAP ZAP 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 P P Eating and Drinking Estab. L-4P "P L-4P (N)L-4(Y) W/Alcohol ZA ZA ZA (N)(Y) W/Fast Food of Take Out Sef: ,iee- ZA ZA Z-A W/Drive Through - "ZA L-4ZA W/Live Entertainment RGZA P-GZA RGZA (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 - legis drft/zonin-211 LD'12/13/01 3 3SZZ Marine Sales and Services - P P Nurseries - ZA - Offices, Business &Professional P P P (3334-6197) Pawn Shops - ZA - Personal Enrichment Services L4L-10 LPL-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 lesis drft/zoning/21ILD.'121`13 01 4 �s2Z 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 (I) (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 ZATU ZATU Z-4TU Retail Sales, Outdoor - PTU PTU (M) Seasonal Sales PTU PTU PTU (M) Tent Event TU Trade Fairs - TU - Nonconforming Uses (G)(J)(V) (3334-6/97) legis drf,'zoning/211LD 12/14 01 5 �52Z I 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 with an maximum o +;., . , ity of,2; allowed with ., „a;t;,-.na use a,mit f m the Zoning Aamiiiist,.atar-if se a4ing eapaeity expeeds I I 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 allewed permitted with a eendifienal use fmit fromr the Zoning A a,t,;„istf t,,,-an maximum 7 persons may lie 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. legis dMizoning(21 1 LD/12/13'01 6 ,3'S22 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%. (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 cafriedon in conjunction with the sale of gasoline or other motor vehicle fuel. legis drfVzoning 211 LD.-12%13 01 7 3522 (2) Restaurants, Bars-and Liquor stores that are 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 buildin 's floor area; or additions to buildings on sites located within 3-00 feet of a residential zone or use initial ^wiz 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 ap licant. b. Location oPpI lanned development or use, including address. c. Nature of the proposed development shall be fully disclosed in the notice. legis drft/zoninc'211 LD12 1301 8 3S Z2. d. Planning Department phone number and address of City Ha❑ 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 rocedures. f. lanning Department shall receive entire list including name and address of those receiving the mailing. 211.08 Review of Plans All applications for new construction, initial establishment of use, exterior alterations and additions shall be submitted to the Planning Deve',,pmen* 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 drfdzoningi211 LD 12/1301 9 Ordinance No. . -, LEGISLATIVE DRAFT Chapter 212 I Industrial Districts Sections: 212.02 Industrial Districts Established 212.04 IG and IL Districts: Land Use Controls 212.06 IG and IL Districts: Development Standards 212.08 Review of Plans 212.02 Industrial Districts Established (3254-10/94) Two (2) industrial zoning districts are established by this chapter as follows: (3254-10/94) A. The IG General Industrial District provides sites for the full range of manufacturing, industrial processing, resource and energy production, general service, and distribution. (3254-10/94) B. The IL Limited Industrial District provides sites for moderate- to low-intensity industrial uses, commercial services and light manufacturing. (3254-10/94) 212.04 IG and IL Districts: 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) legisdrfVzoning code.-212LD/12/13/01 1 3S2? 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 M Public and Semipublic (A)(M) Community and Human Service Facilities PC PC (L) Day Care, General PGZA P-GZA 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 FGZA Animal Hospitals ZA P-GZA 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 P Eating & Drinking Establishments L-3 L-3 w/Live Entertainment ZA ZA (S)(U) Food &Beverage Sales PGZA P-GZA 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'12/13'01 2 3��3 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-1 I L-11 (3378-2/98) (regulated by HBMC Chapter 5.70) (3378-2/98) Sex Oriented Businesses PC PC (R) (3378-2/98) (regulated by HBMC Chapters 5.24 & 5.60) (3378-2/98) Swap Meets, Indoor/Flea Markets PC PC (Q) Vehicle/Equipment Sales & Services Service Stations L-4 L-4 Vehicle/Equipment Repair P P Vehicle/Equip. Sales/Rentals L-5 L-5 Vehicle Storage P ZA (I) Visitor Accommodations 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 PTU PTU Trade Fairs TU TU (E) Nonconforming Uses (F) legisdrft%zonin,code/212LD/11113 01 3 3 sZ3 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 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 Planning Commission 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 Allowed by .,di al , ;* „„,., yal by the Zoning ^dm stmtor Permitted if the 11 space is 2,500 square feet or less; allowed by conditional use permit approval by the Planning Comte Zoning Administrator if the space is over 2,500 square feet. (3254-10/94) legisdrft'zoning code1212LD 12 13iO1 4 3�23 IG AND IL Districts: Additional Provisions(continued) L-10 Allowed by conditional use permit approval by the Zoning Administrator ; allowed by,.endi.;,,na , o o,,,,;+ Vr-eval by the Planning rommissie as a pnm,, „so 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 legisdrft/zoning code/212LD/12113101 5 3S23 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) legisdrft;zoning code/212LD/12/131.01 6 3S23 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) (A) Limited to facilities on sites of 2 acres or less. (3254-10/94) (B) A conditional use permit from the Zoning Administrator is required for any new use or enlargement of an existing use, or exterior alterations and additions for an existing use located within 150 feet of an R district. The Director may waive this requirement if there is no substantial change in the character of the use which would affect adjacent residential property in an R District. (3254-10/94) (C) Accessory office uses incidental to a primary industrial use are limited to 10 percent of the floor area of the primary industrial use. (3254-10/94) (Rest of page not used) le.-isdrft zoning code,-2121-D12/13/01 7 332.3 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/12113/01 g 3sz7 IG AND IL Districts: Additional Provisions(continued) (M) Development of vacant land and/or a ditions 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 apppproval of a conditional use permit from the Zoning Administrator. The Manning 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-I I(A) relating to locational restrictions. (3254-10/94,3378-2/98) (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. legisdrft'zoning code/212LD'12/13 01 9 3�-23 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) 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 I i legisdrft/zoning code%212LD/1211/1301 10 3�z3 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 (J) 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/2121-D.12.13 01 11 3�23 IG AND IL Districts: Additional Development Standards (continued) Exception. The Zoning Administrator or Planning Commission may approve a conditional use permit to allow a 15-foot interior side yards opposite a zero-side yard on one lot, if an abutting side yard at least 15 feet wide is provided and access easements are recorded ensuring a minimum 30-foot separation between buildings. This 30-foot accessway must be maintained free of obstructions and open to the sky, and no opening for truck loading or unloading shall be permitted in the building face fronting on the accessway unless a 45-foot long striped areas is provided solely for loading and unloading entirely within the building. (3254-10/94) (G) See Section 230.70: Measurement of Height. Within 45 feet of an R district, no building or structure shall exceed a height of 18 feet. (3254-10/94) (H) 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: (3254-10194) 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.-12/13' I 12 352-3 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) legisdrftizoning code/212LD 12113 01 13 3S 2'1 Ordinance No. 2a' LEGISLATIVE DRAFT Chapter 214 PS Public-Semipublic District 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. leQisdrftizoning code/214M."I L3i01 1 372-'l 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-I Hospitals PC Maintenance & Service Facilities L-1 Park & Recreation Facilities PC Public Safety Facilities PC Religious Assembly PGZA Residential Care, General PC Schools, Public or Private PC Utilities, Major PC Utilities, Minor P Commercial Uses Eating and Drinking Establishments L-2 Vehicle/Equipment Sales and Services L-1 Commercial Parking Facility L-3 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%11 3101 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. (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) legisdrftizoning code'214LD%11 13101 3 352y 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)(I) Off-Street Parking/Loading (J) Outdoor Facilities See Section 230.74 (K) Screening of Mechanical Equipment See Section 230.76 (K) Refuse Storage Areas See Section 230.78 Underground Utilities See Chapter 17.64 Performance Standards See Section 230.82 Nonconforming Structures See Chapter 236 Signs See Chapter 233 PS District: Additional Development Standards (A) See Section 230.62: Building Site Required. (B) See Section 230.68: Building Projections into Yards and Required Open Space. Double- frontage lots shall provide front yards on each frontage. (C) A minimum 50-foot setback is required along Beach Boulevard, Edinger Avenue, and Pacific Coast Highway or 25 foot setback with the setback area entirely landscaped. (D) Along a side or rear property line abutting an R district, a 10-foot setback is required, and structures within 45 feet of the district boundary shall not exceed 18 feet in height. (E) See Section 230.70: Measurement of Height and Section 230.72: Exceptions to Height Limits. (F) Planting Areas: leeisdrfvzonin2 codz'2141-1)-11 31,01 4 3�z� (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 strictures 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%1113101 5 1 Ordinance No. , Z_r LEGISLATIVE DRAFT Chapter 230 Site Standards Sections: 230.02 Applicability Residential Districts 230.04 Front and Corner Side Yards in Developed Areas 230.06 Religious Assembly Yard Requirements 230.08 Accessory Structures 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 legisdrft/zoning code/230LD/12/6/01 1 37S 230.70 Measurement of Height 230.72 Exceptions to Height Limits 230.74 Outdoor Facilities 230.76 Screening of Mechanical Equipment 230.78 Refuse Storage Areas 230.80 Antennae 230.82 Performance Standards for All Uses 230.84 Dedication and Improvements 230.86 Seasonal Sales 230.88 Fencing and Yards 230.90 Contractor Storage Yards/Mulching Operations 230.92 Landfill Disposal Sites 230.94 Carts and Kiosks 230.02 Applicability This chapter contains supplemental land use and development standards, other than parking and loading, landscaping and sign provisions, that are applicable to sites in all or several districts. These standards shall be applied as specified in Title 21: Base Districts, Title 22: Overlay Districts, and as presented in this chapter. Residential Districts 230.04 Front and Street Side Yards in Developed Areas Where lots comprising 60 percent of the frontage on a blockface in an R district are improved with buildings that do not conform to the front yard requirements, the Planning Commission may adopt by resolution a formula or procedure to modify the front and street side yard setback requirements. The Planning Commission also may modify the required yard depths where lot dimensions and topography justify deviations. Blocks with such special setback requirements shall be delineated on the zoning map. Within the coastal zone any such setback modifications adopted by the Planning Commission shall be consistent with the Local Coastal Program. (3334) 230.06 Religious Assembly Yard Requirements Yards, height and bulk, and buffering requirements shall be as specified by a conditional use permit, provided that the minimum interior side yard and rear yard shall each be 20 feet. Yards adjoining street property lines shall not be less than required for a permitted use. 230.08 Accessory Structures A. Timin . Accessory structures shall not be established or constructed prior to the start of construction of a principal structure on a site, except that construction trailers may be placed on a site at the time site clearance and grading begins and may remain on the site only for the duration of construction. 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 Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-2 5/00 lesisdrft,`zoning code%230LD 12 6 01 2 �LJ principal structure on a site. An accessory structure shall be setback 5 feet from the rear property line except no setback is required for accessory structures, excluding garages and carports, which abut an alley. No accessory structures shall be permitted off-site. C. Maximum Height. 15 feet, except a detached garage for a single family dwelling may exceed the maximum height when it is designed to be architecturally compatible with the main dwelling and does not include habitable floor area. D. Maximum Size in RL District. In an RL district, the total gross floor area of accessory structures more than 4 feet in height that are not attached to a dwelling shall not exceed 600 square feet or 10 percent of lot area, whichever is more. E. Patio Covers. A patio cover open on at least 2 sides and complying with all other provisions of this subsection may be attached to a principal structure provided a 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: I. 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. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-3 5100 legisdrfvzoning code:230LD:12 6 01 3 _?�Z3_ 4. Height and Building Coverage. The basic requirements of Chapter 210 shall apply unless modified by an overlay district. 5. Parkiniz. All parking spaces shall comply with Section 231.18D. (3334) 6. Design. The accessory unit shall be attached to the main dwelling unit in such a manner as to create an architecturally unified whole, not resulting in any change to the visible character of the street. The entrance to the accessory unit shall not be visible from the street in front of the main dwelling unit. Building materials, colors and exterior finishes should be substantially the same as those on the existing dwelling. C. Ownership. The second unit shall not be sold separately from the main dwelling unit. D. Conditions Recorded. The conditional use permit and conditions of approval shall be filed for record with the County Recorder within 30 days of approval. Evidence of such filing shall be submitted to the Director within 30 days of approval. E. Parkland Dedication 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: 1. A home occupation shall be conducted entirely within one room in a dwelling. No outdoor storage shall be permitted. Garages shall not be used in connection with such business except to park business vehicles. 2. No one other than a resident of the dwelling shall be employed on-site or report to work at the site in the conduct of a home occupation. This prohibition also applies to independent contractors. 3. There shall be no display of merchandise, projects, operations, signs or name plates of any kind visible from outside the dwelling. The appearance of the dwelling shall not be altered, or shall the business be conducted in a manner to indicate that the dwelling or its premises is used for a non-residential purpose, whether by colors, materials, construction, lighting, windows, signs, sounds or any other means whatsoever. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-4 5/00 legisdrfvzoning code:'230LD 12`6.01 4 3SZS� 4. A home occupation shall not increase pedestrian or vehicle traffic in the neighborhood. 5. No commercial vehicle or equipment used in conjunction with the home occupation shall be parked overnight on an adjacent street or in any yard visible from the street. 6. No motor vehicle repair for commercial purposes shall be permitted. 7. A home occupation shall not include an office or salesroom open to visitors, and there shall be no advertising of the address of the home occupation. 8. A conditional use permit shall be issued by the Zoning Administrator when a home occupation involves instruction and/or service, e.g. music lessons, beauty shop, swimming lessons. Where a home occupation involves swimming instruction in an outdoor swimming pool, each swimming class shall be limited to 4 students, and no more than 2 vehicles shall be used to transport students to such classes. 9. Any authorized City employee may inspect the premises of a home occupation upon 48 hours notice to ascertain compliance with these conditions and any requirements of this code. The permit for a home occupation that is not operated in compliance with these provisions shall be revoked by the Director after-3 0 days written notice unless the home occupation is altered to comply. 230.14 Affordable Housing Incentives/Density Bonus A. When a developer of a residential property which is zoned and general planned to allow five (5) or more dwelling units proposes to provide affordable housing, he or she may request a density bonus and/or other incentive through a conditional use permit subject to the provisions contained in this section. A density bonus request pursuant to the provisions contained within this section shall not be denied unless the project is denied in its entirety. B. The City may grant incentives to the developer. An incentive includes, but is not limited to, the following: 1. A density bonus. 2. A reduction in site development standards or architectural design requirements which exceed the minimum building standards contained within the Uniform Building Code as adopted by the City including, but not limited to, a reduction in setback, lot coverage, floor area ratio,parking and open space requirements. 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. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-5 5/00 legisdrft zoning code 230LD.12 6.01 5 3t z,�, 7. Other incentives mutually agreeable to the City and developers consistent with all City, State and Federal laws, rules, standards, regulations and policies. C. Target rents/mortgage payments. 1. For the purpose of this section, units designated for moderate income household shall be affordable at a rent or mortgage payment that does not exceed twenty-five percent (25%) of the gross family income. 2. For the purpose of this section, units designated for lower income households shall be affordable at a rent or mortgage payment that does not exceed thirty percent (30%) of sixty percent (60%) of the Orange County median income as defined by the State of California Department of Housing and Community Development. 3. For the purpose of this section, those units designated for very low income households shall be affordable at a rent or mortgage payment that does not exceed thirty percent (30%) of fifty percent (50%) of the Orange County median income as defined by the State of California Department of Housing and Community Development. D. Affordability requirements. 1. Percentage of affordable units required. To qualify for a density bonus and/or other incentives, the developer of a residential project must agree to one of the following: a. Provide at least twenty percent (20%) of the total units of the housing development for lower income households; or b. Provide at least ten percent (10%) of the total units of the housing development for very low income households; or c. Provide at least fifty percent (50%) of the total units of the housing development for qualifying senior residents. The density bonus shall not be included when determining the number of housing units required to be affordable. Remaining units may be rented, sold, or leased at "market" rates. If a developer is granted a density bonus in excess of twenty-five percent (25%), those additional units above the twenty-five percent (25%) may be required to be maintained affordable for "moderate income" households. 2. Duration of affordability. Units required to be affordable as a result of the granting of a density bonus and other incentives shall remain affordable for thirty(30) years. If the City does not grant at least one concession or incentive pursuant to this chapter in addition to the density bonus, or provides other incentives in lieu of the density bonus, those units required to be affordable shall remain so for ten (10) years. 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 Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-6 5100 legisdrft•zoning code%2.OLD%116 01 6 33� 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 concession or incentive is not required in order for rents or mortgage payments to meet the target rates; or b. Provide other incentives of equal value to a density bonus as provided in Section 65915, et seq. of the California Government Code. The value of the other incentives shall be based on the land cost per dwelling unit. E. Procedure. 1. In addition to submitting all documentation required to apply for a conditional use permit, a developer requesting a density bonus or other incentive pursuant to this section shall include the following in the written narrative supporting the application: 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. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-7 5/00 legisdrft`zoning code.230LD 12 6i01 7 -313z�- 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 findingspproval. 1. Density bonus. In granting a conditional use permit for a density bonus, the Planning Commission/City Council shall make all of the following findings: a. The proposed project, which includes a density bonus, can be adequately serviced by the City and County water, sewer, and storm drain systems without significantly impacting the overall service or system. b. The proposed project, which includes a density bonus, will not have a significant adverse impact on traffic volumes and road capacities, school enrollments, or recreational resources. 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. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-8 5/00 legisdrft zoning code 230LD.12.6/01 8 In granting any other incentives as defined in this section, the Planning Commission/City Council shall be required to make all of the following findings: a. The granting of the proposed other incentive(s) will not have an adverse impact on the physical character of the surrounding area. b. The granting of the proposed other incentive(s) is consistent with the overall intent of the General Plan. c. The granting of the proposed other incentive(s) will not be detrimental to the general health, welfare, and safety of persons working or residing in the vicinity. d. The granting of the proposed other incentive(s) will not be injurious to property or improvements in the vicinity. e. The granting of the proposed other incentive(s) will not impose an undue financial hardship on the City. f. If the other incentive is a modification of development standards, the granting of the other incentive is necessary to achieve the target affordable rents/mortgage payments for the affordable units. g. The granting of the proposed other incentive will not result in the filling or dredging of wetlands. (3334) 230.16 Manufactured Homes A. General Requirements. Manufactured homes may be used for residential purposes if such manufactured home conforms to the requirements of this section and is located in an R district. Manufactured homes also may be used for temporary uses, subject to the requirements of a temporary use permit issued under Chapter 241. B. Location and Design Requirements. Manufactured homes may be located in any R district where a single family detached dwelling is permitted, subject to the same restrictions on density and to the same property development standards, provided that such manufactured home meets the design and locational criteria of this subsection. These criteria are intended to protect neighborhood integrity, provide for harmonious relationship between manufactured homes and 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; Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-9 5/00 legisdrft/zoning code-230LD'12:'6 01 9 T_Z�3� 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 fever 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 mray be is permitted and eemplianee 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 S1,000 for each model home to guarantee compliance with the provisions of this code. B. The developer or contractor shall furnish a site plan showing the placement of the sales office and all model signs, parking signs, directional signs, temporary structures, parking and landscaping. C. No sales office shall be converted or expanded into a general business office for the contractor or developer. 230.20 Payment of Parkland Dedication 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 Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-10 5/00 leQisdrfvzonins code'230LD.`12 6 01 10 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. 1. 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. (3301-11195) 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) 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 Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-11 5/00 lesisdrfvzoning codei230LD 12i6.01 11 IT-3 Beach, Department of Community Development by first class mail. The notice of application shall include the following: (3301-11i9 ) 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. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-12 5/00 le.-isdrft'zonin.code.230LD;'12/6%01 12 3�z� 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. Projects less than 20 units: Min. 600 sq. ft. private and/or common per unit. Private open space excludes side and front yard setback areas. Common open space requires min. 10 ft. dimension. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-13 5/00 leaisdrtt'Zonine code..230LD;12 G 01 13 Required Parking Small lot developments shall provide parking consistent with single family residential developments specified in Chapter 231. In addition, minimum 1 on-street space per unit for guest/visitor parking shall be provided. A parking plan depicting the location of all parking spaces shall be submitted with the conditional use permit application. Street Sections Streets The city shall review proposed street sections upon submittal of the tentative map and conditional use permit applications. Min. 36 ft. curb to curb may be permitted provided all units in the development are equipped with automatic sprinkler systems—On-street parking shall be provided on both sides of the street. Sidewalks/Parkways Sidewalks shall be provided on both sides of the street. Min. 6 ft. landscape parkways may be provided on both sides of the street. Sidewalk widths shall be designed to Public Works Standards. Walls and Fences Block walls required; may allow wrought iron element where appropriate Landscaping Tree wells adjacent to landscape parkways on the street side of curb is encouraged, however shall not encroach into the min. 24 foot wide drive aisle. Also see Chapter 232 Landscaping 230.26 (Reserved) 230.28 (Reserved) 230.30 (Reserved) Non-Residential Districts 230.32 Service Stations The following supplemental development standards shall apply to the Service Station use classification. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-14 5/00 legisdrtt'zoning code.230LD 12;`6.01 14 A. Minimum parcel size. 22,500 square feet. B. Minimum frontage. 150 feet and located at the intersection of arterial highways. C. Site Layout. Conditions of approval of a conditional use permit may impose restrictions on outdoor storage and display and location of pump islands, canopies and service bay openings and require buffering, screening, lighting, or planting areas necessary to avoid adverse impacts on properties in the surrounding area. D. Design standards. 1. In reviewing proposals, emphasis shall be placed on quality design of building materials and landscape features. Service stations shall be designed so that form and scale are harmonious and consistent with the character of the specific site, the adjacent uses and structures, and the general neighborhood. 2. The location, number, and design of driveways as well as on and off-site traffic circulation impacts shall be analyzed. 3. Service bay openings shall be designed to minimize the visual intrusion on surrounding streets and properties. A maximum of 3 service bays shall be permitted per site, none of which shall face a public right-of-way. 4. Lighting shall be of low profile design, indirect or diffused, and shall create no negative impact on surrounding uses. 5. A minimum 10 percent of the site shall be landscaped. Landscaping plans shall conform to all applicable provisions of Chapter 232 as well as conform to the following requirements: a. A 3 foot-wide planter(inside dimension) along interior property lines shall be provided, except at vehicular circulation openings. Additional landscaping may be required to screen service bays from surrounding properties. b. A 600 square-foot planter with a minimum dimension of 20 feet shall be provided at the corner of intersecting streets. c. A total of 70 square feet of planting area shall be located adjacent to and on the street side of the main building. 6. Buildings shall conform to the setback regulations stated for the district in which the site is located. Pump islands and canopy structures shall maintain the following minimum setbacks from street side property lines: Pump island: 20 feet Canopy: 10 feet with ground clearance of 12 feet 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, legisdrft;zoning code..230LD'12 6%01 15 except as provided for truck and utility trailer rentals. The location of display racks and vending machines shall be specified by the conditional use permit. F. Accessory Uses. The accessory uses listed below shall be permitted as included on the approved site plan. Such uses shall be subordinate to the main operation and shall not impede safe vehicular and pedestrian circulation or be detrimental to surrounding properties or potential customers. Such uses shall be included as part of the original conditional use permit request or shall be subject to a new conditional use permit if proposed subsequent to the original conditional use permit. 1. Convenience markets are permitted provided no automotive repair or truck or trailer rental is permitted on the same site. 2. Automatic washing, cleaning and waxing of vehicles. Such activity shall be of an integral design with the main structure. 3. Truck and utility truck rental is permitted provided the trucks do not exceed 25 feet in length and are stored a minimum of 50 feet from the street property lines. 230.34 Housing of Goods All goods, wares, merchandise, produce, and other commodities which are stored or offered for sale or exchange in the commercial and industrial districts shall be housed in permanent buildings except as otherwise provided by this code. 230.36 Transportation Demand Management A. Purpose and intent. It is the purpose and intent to implement the requirements of Government Code Section 65089.3(a)(2), to mitigate the impacts that development projects may have on transportation mobility, congestion and air quality, and to promote transportation demand management strategies. B. Definitions. For purposes of this Section, the following definitions for the following terms shall apply: l. Alternative transportation mode: Any mode of travel that serves as an alternative to the single occupant vehicle. This can include all forms of ridesharing, public transit, bicycling or walking. 2. Carpool: Two (2) to six (6)persons traveling together in a single vehicle. 3. 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. Employ: 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. legisdrft'zoning code..230LD%12 6;01 16 6. Mixed-Use Development: Means new development projects that integrate anyone of these land uses with another: residential, office, commercial, industrial and business park. 7. Tenant: Means the lessee of facility space at a development project who may also serve as an employer. 8. Transportation Demand Management (TDM): Means the implementation of programs, plans or policies designed to encourage changes in individual travel behavior. TDM can include an emphasis on alternative travel modes to the single occupant vehicle (SOV) such as carpools, vanpools and transit; and reduction of VMT and the number of vehicle trips. 9. Vanpool: Means a vehicle occupied by seven (7) or more persons traveling together. 10. Worksite: Means a building or group of buildings which are under common ownership and the place of employment, base of operation, or predominate location of an employee or group of employees. C. Applicability: 1. These provisions apply to commercial, industrial, institutional, or other uses which are determined to employ 100 or more persons, as determined by the employee generation factors specified under subsection 4. This includes any permit for existing facilities that already have 100 or more employees or will have 100 or more employees. 2. These provisions apply to all districts, planned communities and specific plan areas including those covered by development agreements. These provisions shall supersede other ordinances with which there is a conflict. 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; legisdrft:'zoning code.'230LD.12:6 01 17 3TL1151 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 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 I 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. leeisdrft-zonin=code.230LD 12 6.01 18 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 7' 2" vertical clearance. c. Vanpool parking spaces shall be located near identified employee entrance(s) or other preferential locations. 7. Bus Stops Unless determined unnecessary by the decision-maker, per Title 24, bus shelter, pullouts, and pads shall be provided as necessary in consultation with affected transit service providers. 230.38 Game Centers The following supplemental requirements shall apply to the operation of game centers, including mechanical or electronic games or any other similar machine or device, in order to control the location and hours of operation of game centers so as not to allow school children to play the games during school hours or to encourage minors to congregate in areas close to commercial establishments that sell alcoholic beverages. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-19 5/00 legisdrft.zoning code'230LD.'12 6.01 19 S'i ' A. Conditional Use Permit Required. Applicants desiring a permit for the purpose of operating a game center as a business in a C district must obtain a conditional use permit from the Zoning Administrator. The permit is valid only for the number of games specified; the installation or use of additional games requires a new or amended permit. B. Adult Manager. At least one adult manager shall be on the premises during the time a game center is open to the public. C. Hours of Operation for Minors under 18 Years of Age. No game center owners, manager or employees shall allow a minor under 18 years of age to play a mechanical or electronic game machine during the hours the public schools of the district in which the center is located are in session, or after 9 p.m. on nights preceding school days, or after 10 p.m. on any night. It is the 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. The Commission may impose conditions of approval on the conditional use permit to prevent adverse impacts on surrounding properties. If such impacts can not be mitigated to an acceptable level, the conditional use permit application shall be denied. B. Locational Criteria. 1. Minimum Separation. Minimum separation between heliports, helipads, and helistops shall be 1.5 miles, except for facilities specifically intended for emergency use, such as medical evacuation or police functions, and temporary landing sites. 2. Protected Areas. No heliport, helipad, or helistop shall be located within 1,000 feet of an R district or the site of a public or private school, except for heliports or helistops specifically intended only for emergency or police use. Temporary landing sites within 1,000 feet of a public or private school may be allowed with a temporary use permit subject to approval of the California Department of Transportation. legisdrfizoning code 230LD.12:6 01 20 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 flight operations, and single-event maximum sound levels associated with the types of helicopters expected to use the facility. 230.42 Bed and Breakfast Inns A. Permit Required. The Planning 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 Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-21 5/00 legisdrttJoning code/230LD;1216.01 21 -3115 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. Sins. 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 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) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-22 5/01 legisdrft zoning code 230LDi 12/6'01 22 3---)tS 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 party verification criteria. The SRO project owner shall be responsible for filing an annual report to the Planning and Economic Development Departments which includes the range of monthly rents, the monthly income of residents, occupancy rates, and the number of vehicles owned by residents. (3494-5/01) 8. The Planning Commission or City Council may revoke the conditional use permit if any violation of conditions or any of the adopted Huntington Beach Codes occurs. (3494-5/01) B. Unit Requirements. 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) 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. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-23 5/01 legisdrft;'zoning codei2330LD'12;6101 23 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 often (10) cubic feet per unit. 10. All common indoor space areas shall have posted in a conspicuous location a notice from the City's Planning Department regarding contact procedures to investigate housing code violations. (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. (3494-5101) 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 for a maximum period of five years subject to annual review. One year extensions of time may be granted after public hearing by the Planning Commission. On requests to allow a facility on a permanent basis, the Planning Commission shall determine required improvements based on the existing and proposed land uses and the existing off-site improvements within the area. legisdrft. oning codei230LD 12•6.101 24 3171� B. Design and Development Standards. 1. Minimum Parcel Size/Frontage. The minimum lot size and lot frontage shall be: Area Frontage Temporary facilities: 2 acres 100 feet Permanent facilities: 5 acres 100 feet 2. Density/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. (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. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-25 5/00 legisdrft.zoning code 2_OLD;'12'6'01 25 6. Wash rack. One wash rack per thirty-five (35) horses or fraction thereof shall be provided subject to the following requirements. Wash racks designed for more than one horse shall provide a minimum area per thirty-five (35) horses as indicated below: (a) Individual wash racks shall be 6 feet by 8 feet. (b) Each wash rack shall have an approved watering system and be connected to a sewer facility with a back-siphon device at the water source. (c) A concrete slab floor shall be provided. C. Insect and Rodent Control. 1. Feed mangers or boxes shall not be placed near water sources. 2. Nonleak valves shall be provided for all troughs, bowls, cups and other water sources. 3. Automatic valves or sanitary drains shall be provided for large troughs or cups. 4. Grading in paddocks and corrals shall be properly integrated into a master drainage plan to prevent ponding of water. Shelters shall be sloped away from the center of the corrals, or rain gutters shall be installed to the exterior of the corral. 5. Method of disposal of solid wastes shall be approved by Planning Commission. Trash disposal areas and dumpsters shall be designated and conveniently located with an all-weather road access provided. 6. All dry grains shall be stored in rodent-proof metal containers and hay storage shall be covered. Bulk or commercial amounts of grain or hay shall be located a minimum of fifty (50) feet away from any horse enclosure. D. Miscellaneous Operating Requirements. 1. The ground surface of horse enclosures shall be graded above their surroundings. A grading plan shall be submitted prior to issuance of a conditional use permit. 2. Storage and tack areas shall be designated on the site plan. 3. Continuous dust control of the entire premises shall be maintained subject to the regulations contained in Huntington Beach Municipal Code Chapter 8.24. The method for water sprinkling arenas and exercise pens shall be indicated on the site plan. 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. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-26 5/00 legisdrft/zoning code/230LD;,12'6 01 26 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, as set out in Chapter 232, shall be provided except that the minimum landscaped area required shall be a ten (10) foot wide (inside dimension)planter along all property lines. 230.50 Indoor Swap Meets/Flea Markets Indoor swap meets/flea markets shall comply with the following requirements: A. Conditional Use Permit Required. Indoor swap meets/flea market uses may be permitted as temporary uses only upon approval of conditional use permit by the Planning Commission for a period of time not to exceed ten (10) years. One year extension of time maybe 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. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-27 5/00 legisdrft/zoning code"230LD/12 6 01 27 E. Miscellaneous Requirements. 1. Ancillary Uses. Ancillary uses may be permitted as included on the approved site plan. Such uses shall be included as part of the initial conditional use permit requirements or shall be subject to new entitlement if proposed after the initial application has been filed. 2. Signs. Individual vendors shall not be permitted any outdoor signs, including temporary. Signs shall comply with the standards outlined in Chapter 233. 3. Parking. Parking shall comply with the standards outlined in Chapter 231. 230.52 (Reserved) 230.54 (Reserved) 230.56 (Reserved) 230.58 (Reserved) 230.60 (Reserved) 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. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-28 5/00 legisdrft'zonine code 2_OLD%12,`6'Ol 28 -SN-5-3 230.66 Development on Lots Divided by District Boundaries The standards applicable to each district shall be applied to the area within that district. No use shall be located in a district in which it is not a permitted or conditional use. Pedestrian or vehicular access from a street to a use shall not traverse a portion of the site in a district in which the use is not a permitted or conditional use. 230.68 Building Projections Into Yards and Courts Projections into required yards and courts shall be permitted as follows: ALLOWABLE PROJECTIONS IN FEETa Front Side Street Side Rear Yard Yard Yard Yard Fireplace or chimney 2.5 2.5b 2.5 2.5 Cornice, eaves and ornamental features 3 2.5b 3 3 Mechanical equipment 2 2b 2b 2 Uncovered porches, terraces, platforms, 6 3 4 5 subterranean garages, decks, and patios not more than 3 feet in height serving only the first floor Stairs, canopies, awnings and uncovered porches 4 2b 4 4b more than 3 feet in height Bay windows 2.5 2.5b 2.5 2.5 Balconies 3 2b 3 3 Covered patios 0 0 5c 5 Notes: allo individual projection shall exceed 1/3 of the building length, and the total of all projections shall not exceed 2/3 of the building length on which they are located. bA 30-inch clearance from the property line shall be maintained. CNo projection shall extend more than 1/2 the width of the street side yard. 230.70 Measurement of Height This section establishes standards for determining compliance with the maximum building height limits prescribed for each zoning district or as modified by an overlay district. 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. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-29 5/00 IegisdrfGroning code MOLD 12.6r01 29 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; radio and television antennas (except satellite dish antennae); and similar structures and necessary mechanical appurtenances (except wind-driven generators) may exceed the maximum permitted height in the district in which the site is located by no more than 10 feet. The Zoning Administrator may approve greater height with a conditional use permit. Within the coastal zone exceptions to height limits may be granted only when public visual resources are preserved and enhanced where feasible. (3334) 230.74 Outdoor Facilities A. Permit Required. Outdoor storage and display of merchandise, materials, or equipment, including display of merchandise, materials, and equipment for customer 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 andor 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. leeisdrft'zonine code.230LDi12'6 01 30 352- 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 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 does not exceed 6 feet in height. No antenna shall be located in a required front yard. When roof-mounted, the antenna shall be located on the rear one-half of the roof. 3. Maximum Height: The maximum height of a satellite antenna shall not exceed 10 feet if installed on the ground or the maximum building height for the district in which the antenna is located, if roof-mounted. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-31 5/00 legisdrfdzoning code:230LD•'12/6 01 31 -SICT Zs 4. Maximum Dimension: The maximum diameter 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 satellite antenna, including all bracing and appurtenances,but excluding the dish itself, shall be screened from public view and adjoining properties by walls, fences, buildings, landscape, or combinations thereof not less than 7 feet high so that the base and support structure are not visible from beyond the boundaries of the site at a height-of-eye 6 feet or below. 6. Undergrounding: All wires and/or cables necessary for operation of the antenna or reception of the signal shall be placed underground, except for wires or cables attached flush with the surface of a building or the structure of the antenna. 7. Surface Materials and Finishes: No advertising or text or highly reflective surfaces shall be permitted. 8. Exception: Requests for installation of satellite antennae on sites that are incapable of receiving signals when installed pursuant to the locational criteria may be permitted subject to conditional use permit approval by the Zoning Administrator. The applicant shall submit documentation that installation at a height greater than permitted, or in another yard area, is necessary for the reception of usable satellite signals. Applications shall be approved upon finding that the aesthetic value and scenic quality of the City is preserved, pedestrian or vehicular traffic vision is not obstructed, and upon the findings contained in Chapter 241. I 230.82 Performance Standards For All Uses i 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 Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-32 5/00 legisdrft,'zoning code:230LD,'12,'6'Ol 32 3;zS, be improved, or an agreement entered into for such improvements including access rights and abutters' rights, drainage, public utility easements, and other easements. B. Exceptions. Dedication shall not be required prior to issuance of a building permit for: 1. Interior building alterations which do not exceed a third of the value of a building, as defined in the Uniform Building Code, and which effect no change of occupancy. 2. Exterior building alterations or additions for a residential use which do not exceed a third of the value of the building, as defined in the Uniform Building Code, and add no additional residential units. 3. Fences and walls. 4. Temporary uses, as specified in this code. 5. Horticultural Uses. The dedication herein required may be reviewed at the time of entitlement. Upon request by the applicant, a temporary postponement, not to exceed one (1) year, may be granted upon consideration of the following criteria: a. Type of horticultural use proposed. b. Duration (temporary or permanent). c. Vehicular access and effect of the proposed use on traffic in the vicinity of the site. d. Relationship between the proposed requirements and an anticipated expanded use. e. Dedication shall not be required for any purpose not reasonably related to such horticultural use. C. Dedication Determinants. Right-of-way dedication width shall be determined by either of the following: 1. Department of Public Works standard plans; or 2. A precise plan of street, highway or alley alignment. 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: Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-33 5/00 legisdrfUzoning code.'_01_D 12;6 01 33 Y-3715- a. Where the grade of the abutting right-of-way has not been established prior to the time when on-site structures qualify for final release for occupancy. b. Where a drainage system would be delayed by the installation of improvements. c. Where an agreement is entered into with the City to install improvements by a date certain, said agreement shall be secured by a bond or deposit equal to 150 percent of the City's estimate (including inflation estimates) of the required improvements. Such bond or cash shall be deposited with the City Treasurer. d. Where the developer has agreed with the City in writing that the deposit required by subsection (3) of this section may be used by the City after an agreed upon time to complete the required improvements, the remainder of such deposit, if any, shall be returned to the developer upon completion of such improvements by the City. e. The Director of Public Works is authorized to receive applications from persons desiring waivers of street improvement requirements and to enter into the necessary written agreements with such applicants. A non-refundable fee set by resolution of the City Council shall accompany such application. 4. Where construction is limited to one lot and the erection of a detached single family dwelling thereon, street improvements shall include curb, gutter, sidewalk, street trees, street lights, sewer and water main extensions, and ten (10) feet of street paving to meet Department of Public Works standards. Where necessary, temporary paving shall be installed to join existing street improvements. 230.86 Seasonal Sales A temporary sales facility for the sale of seasonal products including Christmas trees, Halloween pumpkins, or a single, season agricultural product not grown on site are permitted adjacent to any arterial highway in any district and on all church or school sites as a temporary use approved by the Director and in compliance with the following: 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 beset 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. legisdr tizoning coder230LD:12`6/01 34 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 Citv 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. v 230.88 Fencing and Yards No portion of a required yard area provided for a structure on a lot shall be considered as part of the yard area for any other structure on the same or an adjacent lot. In all districts, minimum setback lines shall be measured from the ultimate right-of-way line. Diagrams A, B and C are hereby adopted to illustrate the provisions of this chapter. Where any discrepancy occurs between the diagrams and the printed text, the text shall prevail. Yards and fencing shall comply with the following criteria in all districts or as specified. A. Permitted Fences and Walls. l. 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. legisdrfvzoning code 230LD;12i6:01 35 (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. 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. lesisdrft.zoning code 230LD12 6101 36 3;_Z31 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) I Required Tree./Palm Landscaping I I Front Building* nrnnerty line ^ li I Mav dT' Patio I I Max.18" j 1 Retainino WAlk Sidem.alk-Tarkv,ay Max.19" L''� *See Maximum building height in Chapter 210 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. legisdrft•zonine code.230LD..12.6 01 37 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. l. When office, commercial or industrial uses abut property zoned or used for residential, a six (6) foot high solid six (6) inch concrete block or masonry wall shall be required. If a wall meeting these standards already exists on the abutting residential property, protection from vehicle damage shall be provided by a method approved by the Director. The maximum fence height shall be eight (8) feet at the common property line, subject to the same design standards and setback requirements as specified for six (6) foot high fences. 2. Industrial screening walls abutting arterial highways shall be architecturally compatible with surrounding properties, constructed of a minimum six (6) inch wide decorative masonry block, and designed with landscape pockets at thirty-five (35) foot intervals along the street side sufficient in size to accommodate at least one (1) 15-gallon tree. Approval of a conditional use permit by the Zoning Administrator shall be required prior to construction of such walls. C. Visibility. 1. On reverse corner lots and corner lots abutting an alley, no fence, wall or hedge greater than forty-two (42) inches in height may be located within the triangular area formed by measuring ten (10) feet from the intersection of the rear and street side property lines. 2. On corner lots, no fence, wall, landscaping, berming, sign, or other visual obstruction between forty-two (42) inches and seven (7) feet in height as measured from the adjacent curb elevation may be located within the triangular area formed by measuring twenty-five (25) feet from the intersection of the front and street side property lines or their prolongation. Trees trimmed free of branches and foliage so as to maintain visual clearance below seven (7) feet shall be permitted. 3. Visibility of a driveway crossing a street or alley property line or of intersecting driveways shall not be blocked between a height of forty-two (42) inches and seven (7) feet within a triangular area formed by measuring ten (10) feet from intersecting driveways or street/alley and driveway. PROP�Rry4'Nf 1p,yl,��_10 �2. GURB N��C'NZ 230-CORD DIAGRAM A Iegisdrft;zoning code;'230LD.12:'6;01 38 . t t — - - — - - — - - — - - - t t t 0' _ 10• 10 - - - - - 10' 10' 10' 10' 10' 10' 230-setb STREET/ALLEY DIAGRAM B REVERSE CORNER LOT CORNER LOT INTERIOR LOT CORNER LOT ABUTTING ALLEY 4' i i I i i I ' i I 10 10 Diu 4— THROUGH THROUGH LOT CORNER LOT HEIGHT MEASUREMENT OF FENCE OR WALL s • - A 42 inch high fence may be constructed on any portion of the lot. TA -r ® Indicates that portion of the lot on which a 6 foot high fence may be constructed. "A" Indicates minimum front yard setback. t, Diagram C es° 6.11M G-D1.DFA'N200 S912 PAP 1 legisdrft:'zoning code.230LD;12'G:'01 �ZS 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: 1. Excavation. Any activity and/or movement of material which exposes waste to the atmosphere. 2. Land disposal site. Any site where land disposal of Group I, II or III waste, as defined by the California Administrative Code, has been deposited either legally or illegally on or into the land, including but not limited to landfill, surface impoundment, waste piles, land spreading, dumps, and coburial with municipal refuse. B. Operations Plan. 1. No person shall conduct any excavation activity at any land disposal site in the City of Huntington Beach without first submitting to the City an operations plan approved by the Director. Such plan shall include complete information regarding the identity, quantity and characteristics of the material being excavated, including a chemical analysis performed by a laboratory acceptable to the City, together with the mitigation measures that will be used to insure that health hazards, safety hazards, or nuisances do not result from such activity. 2. Mitigation measures contained in the operations plan may include gas collection and disposal of waste, encapsulation, covering waste, chemical neutralization, or any other measures deemed necessary by the City. 3. Ambient air quality monitoring, as well as other monitoring or testing deemed reasonably necessary, shall be included in the operations plan. C. Approval of Operations Plan. 1. The City shall not approve an operations plan unless such plan includes provisions for the immediate cessation of excavation activity when the operator, or any agent thereof, of a land disposal site has been notified by the City that a nuisance, health, or safety hazard has or is about to occur as a result of such activity therein. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-40 5/00 legisdrft;zoning code;230LD12:`601 40 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: l. A plan establishing Iines of authority and responsibility between public agencies and the operator/applicant, or his agents, during excavation. The plan shall contain specific procedures to be followed by all responsible parties involved with the excavation. 2. A plan containing specific measures to monitor air quality to be implemented during excavation to prevent the exposure of on-site workers or area residents to unhealthful vapors from the site. If deemed necessary by the State Department of Health Services, the plan shall also include specific measures for evacuation of residents in the vicinity of the site. 3. A plan showing specific routes for vehicles transporting hazardous wastes from the site. 4. A plan containing specific steps for restoration of the site to a safe condition if excavation is terminated prematurely. F. Exemptions. The following activities shall be exempt from the requirements of this section unless otherwise determined by the Director: l. The drilling of holes up to twenty-four(24) inches in diameter for telephone or power transmission poles or their footings. 2. The drilling of oil wells, gas wells or landfill gas collection wells or the maintenance of gas or leachate collection systems. 3. Any excavation activity which has been determined by the Director to pose an insignificant risk, or any activity which has been covered sufficiently in a plan prepared for any other agency having jurisdiction over the site. G. Excavation Activity Prohibited. 1. No person shall excavate at any land disposal site in the City of Huntington Beach unless he or she first certifies that all applicable regulations of other public agencies with jurisdiction over hazardous waste sites have been met. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-41 5/00 legisdrftzoning code;230LD 12.6 01 41 3�57!7 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 ppurposes, subject to eenditional use pefmit approval by the Zoning Administr-ate 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: (3249-695) 1. No portion of a cart or kiosk shall overhang the property line. (3249-695) 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(l:l)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 by the Zoning . (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. B. Factors to Consider. The Zoning ^aminist,-.tef shall eenside 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; (3249-695) 2. Appropriateness and location of signing and graphics; (3249-6/95) 3. The width of the sidewalk or pedestrian accessway; (3249-695) 4. The proximity and location of building entrances; (3249-695) 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. (3249-695) C. Operating Requirements, Provisions and Conditions. 1. During hours of operation, the cart or kiosk must remain in the location specified on the approved site plan. (3249-6195) Huntington Beach Zoning and Subdivision Ordinance legisdrft;`Zoning code/230LD.112/131; 1 42 313� Chapter 230 230-42 12100 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. (3249-6195) 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 Zoning Administr-ato Planning Director for disposal of business related wastes. (3249-6/95) D. Parkin . Additional parkin may be required for cart or kiosk uses by the Ze�g Planning irector. (3249-6/95) E. Review; Revocation. The Community Development 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 pursuant to Seel e.n 241.16 and249.06. (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. legisdrit zoning code/230LD.12'14/'01 43 Ord , A)o , 3.5,;2h L666S4,477 Y4E� Ji4F streets, access shall be subject to the approval of the Director of Public Works. (3334-6/97) 4. Non-residential Parking in R Districts. Non-residential parking serving adjacent commercial or industrial uses shall not be located in any R zoned property. (3334-6/97) F. Computation of Spaces Required. If, in the application of the requirements of this chapter, a fractional number is obtained, one additional parking space or loading space shall be required. (3334-6/97) G. Other Requirements. (3334-6/97) 1. Any off-street parking or loading facility which is permitted but not required shall comply with all provisions of this chapter governing location, design, improvement and operation. (3334-6/97) 2. Any motor vehicle incapable of movement by its own power and/or not licensed to operate on California streets shall be stored either in an enclosed building or entirely screened from view. (3334-6/97) 231.04 Off-Street Parking and Loading Spaces Required (3334-6/97) A. Non-residential uses shall provide one loading space (minimum fourteen [14] feet in width, twenty[20] feet in length, and fourteen [14] feet in height) for each 20,000 square feet, or fraction thereof, of gross floor area; however, a maximum of three (3) such spaces are required for buildings exceeding 60,000 square feet. No loading space is required for non-residential uses with less than 20,000 square feet of gross floor area. (3334-6/97) B. Off-street parking spaces shall be provided in accord with the following schedule. References to spaces per square foot are to be computed on the basis of gross floor area, unless otherwise specified. (3334-6/97) Where the use is undetermined, the approving body shall determine the probable use and the number of parking and loading spaces required. In order to make this determination,the Director may require the submission of survey data prepared by a state-registered traffic engineer for the applicant or collected at the applicant's expense. Parking spaces over and above the minimum number specified in this section may be required by the body responsible for reviewing the use itself based on the intensity of the use. (3334-6/97) C. The Director may allow a parking reduction for a change of use if the increase in the required parking is not more than five (5) spaces. The change of use request must be on a site with two or more uses, have a minimum of 50 existingg arking spaces and provide an upgrade of existing,landscaping. T1Pis same reduction may be considered for uses complying with State Handicap Regulations as mandated by State Law and applicable to parking requirements. legisdrft/zoning code/231 LD/11/3/01 3 3�Zb LA-77 Vle� PAA-F�'T 231.06 Joint Use Parking (3334-6/97) In the event that two (2) or more uses occupy the same building, lot or parcel of land, the total requirement for off-street parking shall be the sum of each individual use computed separately except as provided in this section. (3334-6/97) The Planning Commission or Zoning Administrator may grant a reduction in the total number of required spaces as part of the entitlement for the use or uses, or by conditional use permit when no other entitlement is required,when the applicant can demonstrate that the various uses have divergent needs in terms of daytime versus nighttime hours or weekday versus weekend hours. Such joint use approvals shall be subject to the following: (3334-6/97) 1. The maximum distance between the building or use and the nearest point of the parking spaces or parking facility shall be 250 feet; and (3334-6/97) 2. There shall be no conflict in the operating hours based on parking space requirements for the different uses on the parcel; and (3334-6/97) 3. Evidence of an agreement for such joint use shall be provided by proper legal instrument, approved as to form by the City Attorney. The instrument shall be recorded in the Office of the County Recorder and shall be filed with the City prior to issuance of building permit and/or certificate of occupancy, whichever occurs first. (3334-6/97) 231.08 Reduced Parking for Certain Uses (3334-6/97) A. The Planning Commission may approve a conditional use permit redtleing to reduce the number of parking spaces to less than the number spee f;e,� in*''� required per sSchedule "A"' in Section 231.04, provided that the following findings are made: (3334- 6/97) 1. Tl}e-pParking demand will be less than the requirement in Schedule A; and (3334- 6/97) 2. The probable long tei=m eeetipaney proposed use of the building or structure, based on its design, will not generate additional parking demand; and (3334-6/97) 3. A Transportation Demand Management plan which exceeds the minimum required by Section 230.36 has been approved by the Director. (3334-6/97) B. hi reaching a deeisien *The Planning Commission sl+aN may consider survey data prepared by a state-registered traffic engineer and tha4 is submitted by an applicant or collected at the applicant's request and expense as a basis for approval of a reduction in required parking. (3334-6/97) 231.10 Parking In-Lieu Payments Within Downtown Specific Plan Area (3334-6/97) Parking requirements for private property uses within the Downtown Specific Plan Area may be met by payment of an "in-lieu" fee for providing parking in a parking facility subject to conditional use permit approval by the Planning Commission. Said fee may be paid in multiple installments. The first installment in an amount established by City Council Resolution for each parking space shall be paid prior to the issuance of building permits or of a certificate of occupancy,whichever comes first. Any successive installments shall be paid and secured by a mechanism established in the conditions of approval. (3334-6/97) legisdrfo'zoning code.231 LDl11 3101 9 STREET GA AGE -- - - - - - - -- - -- - -Attu(- L F 251 DRIV WAY STREET STREET G ADIV9 D RAM231-TUR N.BMP TURNING RADIUS DIAGRAM D 4. Driveway Width. (3334-6/97) Length of Drive Minimum Driveway Width 150 feet or less 10 ft. for single family dwellings 20 ft. for multi-family dwellings Greater than 150 feet 20 feet clear width Exception: when designated as fire lane, all Fire Department requirements shall apply. 5. Guest Parking. All guest parking shall be fully accessible. (3334-6/97) 6. Coastal Zone. Each dwelling unit located in the Coastal Zone shall have a minimum of 2 on-site parking spaces. If the total coastal parking requirements exceed the total minimum parking as required by this chapter, the additional required parking spaces may be in tandem with enclosed spaces, provided the tandem space is assigned to an enclosed space and complies with the required turning radius. (3334-6/97) 7. Planned Residential Developments. In a planned residential development where a garage is constructed a minimum of 20 feet from the curb, the driveway in front of the garage may be used to provide one of the required uncovered spaces. (3334-6/97) 8. Privacy gates may be installed without a conditional use permit provided there is compliance with the following criteria prior to the issuance of building permits: leeisdrft/zonin-code'231LD'11.3 01 14 3t, Z� 1 Fire Department approval for location and emergency entry. 2 Postmaster approval of location for mail boxes or entry for postal carrier. 3) Shall provide a driveway within a minimum of twenty (20) feet for vehicle stacking. 99. Driveway Air Space. The air space above all driveways which exceed 150 feet in length shall remain open to the sky, except that eaves or roof overhangs with a maximum 4-foot projection may be permitted above a height of 14 feet. (3334-6/97) 910. Storage Space. 100 cubic feet of enclosed storage space for each unit shall be provided in a secured parking area where there is no private garage. (3334-6/97) 4-011. Accessory Dwelling. One additional off-street parking space shall be required for an accessory dwelling, except that in the coastal zone there shall be a minimum of four(4)parking spaces on-site.(3334-6/97) E. Non-residential Parking and Loading. (3334-6/97) 1. Designated Parking. Parking spaces within an integrated, non-residential complex shall not be designated for exclusive use of any individual tenant except as authorized by a parking management plan approved by the Director. (3334-6/97) 2. Parking Controls. Parking controls, such as valet service, gates or booths, and/or collection of fees may be permitted when authorized by conditional use permit approval by the Planning Commission. Privacy gates may be installed without a conditional use permit provided there is compliance with the following criteria prior to the issuance of building permits: (3334-6/97) 4 Fire Department approval for location and emergency entry. 53 Postmaster approval of location for mail boxes or entry for postal carrier. 6) Shall provide a driveway with a minimum of twenty (20) feet for vehicle stacking. 3. Minimum Driveway Width. 25 feet when providing access to the rear of a structure. (3334-6197) 4. Reciprocal Access. Reciprocal ingress/egress access with adjacent properties shall be provided for all commercial properties. (3334-6/97) 5. Loading Location. On a site adjoining an alley, a required loading space shall be accessible from the alley unless alternative access is approved by the Director. An occupied loading space shall not prevent access to a required parking space. Truck or rail loading, dock facilities, and doors for such facilities shall not face or be located within 45 feet of property zoned or general planned residential. (3334- 6/97) 6. Loading Desire. Any loading facility shall be designed and located so that vehicles need not extend onto the public sidewalks, streets or alleys during loading activities. (3334-6/97) I legisdrfdzoning code.''231 M!'1113/01 15 Ordinance No. LEGISLATIVE DRAFT Chapter 233 Signs Sections: 233.02 Reserved 233.04 Permits Required 233.06 Permitted Signs 233.08 Exempt Signs 233.10 Prohibited Signs 233.12 Electronic Readerboards 233.14 Readerboard Signs-Multiple Users 233.16 Subdivisional Directional Signs 233.18 Promotional Activity Signs 233.20 Planned Sign Program 233.22 Miscellaneous Signs and Provisions 233.24 Nonconforming Signs 233.26 Code Compliance 233.28 Definitions 233.02 Reserved (3360-12/97) 233.04 Permits Required (3334-6/97) Sign permits are required for all signs, unless expressly exempted under Section 233.08. A sign permit (building permit) for a new sign or change in sign panel/face shall be obtained from the Planning and Building and Safety Departments prior to installation. (3360-12/97) A. Sign Permit. A complete sign application shall include the following information: (3334-6/97) 1. Two sets of fully-dimensioned plans drawn to scale. The plans shall include the following: (3334-6/97,3360-12/97) a. Site plan indicating the location of all proposed signs, as well as the size and location of existing signs on the site. Photographs should be submitted if available. (3334-6/97,3360-12/97) b. Sign elevations, indicating overall square footage and letter/figure dimensions, letter style, color(indicate standard color number if applicable), materials, proposed copy and illumination method. (3334- 6/97) C. Dimensioned building elevations with existing and proposed signs depicted. (3334-6/97,3360-12/97) 011egisdrft/2331d/12/6/01 2. Property owner approval in the form of a letter or signature on the plans, approving the proposed signs and authorizing submission of the sign application. (3334-6/97,3360-12/97) 3. For wall signs, method of attachment; for freestanding signs, foundation plan, sign support and attachment plan. (3334-6/97) 4. Type and method of electrical insulation devices, where applicable. (3334-6/97) 5. Any design modification from the requirements of this chapter that have been approved shall be noted, and compliance with the planned sign program, limited sign permit, or sign code exception shall be demonstrated. (3334-6/97, 3360-12/97) B. Planned Sign Program. Approval of a planned sign program pursuant to Section 233.20 shall be required prior to application for a sign permit for the following requests: (3334-6/97) 1. A site with five or more non-residential businesses or uses. (3334-6/97,3360-12/97) 2. A site with two or more freestanding identification signs where there is a request for a new freestanding sign. (3334-6/97,3360-12/97) 3. Commercial properties with 1,300 feet or more on one street frontage requesting more freestanding signs than allowed pursuant to Section 233.06. (3360-12/97) 4. Consolidated subdivision directional signs identifying multiple projects on multiple sign panels. (3360-12/97) 5. Service stations. (3334-6/97) 6. Wall signs for second floor businesses with exterior access. (3360-12/97) 7. Wall signs installed on a building wall not adjacent to the business suite. (3360-12/97) C. Sign Code Exception: The Director may grant approval for a sign code exception of not more than 10% in si n height or sign area. Ten (10) working days prior to submittal for a building permit, applicant shall notice ad'acent property owners and tenants by first class mail. Notice o 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 Director shall receive entire list including name and address of those receiving the mailing. Ol legisdrft/2331d/12/13/01 2 The Design Review Board shall review and render a recommendation to the Director for may grant sign code ID exception€er requests of more than 10% in sign height or sign area for supergraphics, three-dimensional signs, and relief from the strict application of Section 233.06. The following findings shall be made prior to approval of any sign code exception: (3334-6/97,3360-12/97) 1. The sign is compatible with the character of the area and is needed due to special circumstances defined by the applicant and applicable to the propertv. (3334-6/97,3360-12/97) 2. The sign will not adversely affect other signs in the area. (3334-6/97) 3. The sign will not be detrimental to properties located in the vicinity. (3334-6/97) 4. The sign will not obstruct vehicular or pedestrian traffic visibility and will not be a hazardous distraction. (3334-6/97) D. Limited Sign Permit: The owner of a sign which does not conform to the provisions of Section 233.06 may file an application for a limited sign permit to the Director for permission to change the face or copy of such sign. A limited sign permit cannot be processed for illegal signs or signs listed as prohibited in Section 233.10. The Director may approve the face change and extend a sign's use for a time period deemed appropriate, not to exceed two (2) years. A sign permit shall be obtained prior to installation of the new sign panel/face. (3334-6/97,3360-12/97) A cash bond in an amount determined by the Director to reflect the cost of removal based on information provided by a sign company shall be required to guarantee the sign's removal upon expiration of the limited sign permit. Approval shall be subject to the following findings: (3334-6/97) 1. Due to unique circumstances, the sign's immediate removal will result in a substantial hardship for the applicant. (3334-6/97) 2. The sign will not adversely affect other lawfully erected signs in the area. (3334-6/97) 3. The sign will not be detrimental to properties located in the vicinity. (3334-6/97) 4. The sign will be in keeping with the character of the surrounding area. (3334-6/97) 5. The sign will not obstruct vehicular or pedestrian traffic visibility and will not be a hazardous distraction. (3334-6/97) E. Design Review Board. When authorized by the provisions of theuZSO, this code, the Design Review Board (DRB) shall r-eview and aet en the fel ,. in" i------ -�- prror*E) appheation fef pen:nit. Othe^tiise the DRm shall review and render a recommendation to the appropriate decision maker(Zoning Administrator, Director, Planning Commission, etc.)on the following items prior to application for a sign permit to the Building Department: (3360-12/97) 4-. Planned Sign y,- g,ams (3360-12/97) 12. Electronic Readerboard Signs. (3360-12/97) 01]eeisdrftr2331d 12r6i01 3 2-. Signs on properties within the following areas: (3360-12/97) a. Redevelopment project areas; (3360-12/97) b. Areas subject to specific plans which do not include design guidelines for signs; (3360-12/97) C. Areas within 500 feet of PS (Public Semipublic) districts; (3360-12/97) d. OS-PR (Open Space-Parks and Recreation) and OS-S (Open Space- Shoreline districts); and (3360-12/97) e. Areas designated by the City Council. (3360-12/97) F. Temporary Sign Permits. The Director may issue a temporary sign permit valid for up to 30 days, if it is found that the temporary sign is necessary to establish or maintain identity until a permanent sign can be erected. Extensions of the 30 day permit may be granted at the discretion of the Director. The Director may also approve a temporary sign permit for the following temporary signs provided the signs conform with the standards defined in Section 233.06: (3334-6/97,3360-12/97) 1. Signs necessary to avoid a dangerous condition, including directional signs during construction. (3360-12/97) 2. Signs pertaining to a use permitted by a temporary use permit. (3360-12/97) 3. Promotional activity non-exempt signs, a maximum of 90 days per calendar year pursuant to Section 233.18. (3360-12/97) 233.06 Permitted Signs (3334-6/97) All signs shall be governed by the following schedule, except if addressed elsewhere in this chapter. The schedule lists maximum standards for number, area, and height of allowed signs which does not necessarily ensure architectural compatibility. Therefore, in addition to the enumerated standards, consideration shall be given to building setbacks, visibility of attached signing on the site, and the proposed sign's relationship to the overall appearance of the property, to the surrounding neighborhood, and to community goals. Compatible design, simplicity, sign effectiveness and adherence to the objectives and policies in the Urban Design Element of the General Plan shall be used as guidelines for sign approval. Nothing in this chapter shall preclude public access slgnage. (3334-6/97,3360-12/97) The Planning Commission may, in addition, from time to time adopt policies regarding sign standards. Such policies may include separate standards or provisions for specific areas of the commulllty. (3334-6/97) 0IIegisdrttl2331d 12%6r01 4 A. COMMERCIAL DISTRICTS 1. FREESTANDING SIGNS ON ADAMS AVE., BEACH BLVD.,BROOKHURST ST., EDINGER AVE., GOLDENWEST ST. AND WARNER AVE. MAXIMUM NUMBER OF MAXIMUM MAXIMUM LOT FRONTAGE SIGNS SIGN HEIGHT SIGN AREA a. Interior lots with less than One loft. 50 sq.ft. 200 feet of street frontage +5 ft.for Bonus -25 sq.ft.for Bonus b. Interior lots with min.200 feet One 15 ft. 70 sq.ft. but less than 400 feet +5 ft.for Bonus -30 sq.ft. for Bonus C. Corner lots with the greatest One per 7 ft. 30 sq.ft. street frontage less than 400 feet street frontage +3 ft.for Bonus -15 sq.ft.for Bonus d. Interior lots with min.400 feet of One primary(P) 20 ft. (P) 100 sq.ft.(P) frontage AND Corner lots with and two secondary(S) +5 ft.for(P)Bonus +25 sq. ft.(P)Bonus min.400 feet on one street frontage signs per street 7 ft.(S) 30 sq. ft.(S) e. Regional Mall Identification Sign One per street frontage 25 ft. 100 sq.ft. One freeway sign 25 ft. above freeway 200 sq.ft. 2. FREESTANDING SIGNS ON ALL OTHER ARTERIALS NOT LISTED ABOVE MAXIMUM NUMBER OF MAXIMUM MAXIMUM LOT FRONTAGE SIGNS SIGN HEIGHT SIGN AREA a. Interior lots with less than One 7 ft. 50 sq. ft. 400 feet of street frontage +1 ft. for Bonus —10 sq. ft.for Bonus b. Corner lots with the greatest One per street 7 ft. 30 sq. ft. street frontage less than 400 feet +1 ft. for Bonus +10 sq. ft.for Bonus C. Interior lots with min.400 feet of One primary(P) 15 ft. (P) 70 sq.ft.(P) frontage AND Corner lots with and two secondary(S) +0.5 ft.for Bonus + 10 ft.for Bonus min.400 feet on one street frontage signs per street 7 ft.(S) 30 sq. ft.(S) 1. Bonus signs(B)shall have an opaque background, internal illumination for items of information only. 2. Multi-tenant panels are permitted provided the panels are minimum 10 inches in height,with a minimum 6 inch letter height. They shall be restricted to one uniform background color and two colors for the sign copy,with the exception that the Center Identification may have a separate background color. Sign copies shall be limited to the company name or one generic item of information. Major tenant identification shall be encouraged by being placed on the largest panel. 3. Secondary signs(S)are in addition to the Primary(P)sign. Secondary sign copy shall be limited to business identification only. 4. Street addresses shall be included on all freestanding signs with minimum six(6)inch numerals. OTHER LOCATIONAL CRITERIA FOR FREESTANDING COMMERCIAL SIGNS 1. No business shall have more than one freestanding sign facing each frontage. 2. Freestanding signs on the same site shall be located a minimum of 150 feet apart unless approved by a planned sign program. 3. A freestanding sign shall not be permitted in an area between the building and right-of-way when that portion of the building is located at the minimum setback. 4. Signs shall be located in a landscape planter a minimum of 2 feet wider than the sign itself. Square poles or other architectural treatment shall be required, except if the sign is 8 feet or less in height, it shall be of monument type, with a minimum 2 foot base. Placement shall conform with Diagram A. 5. No freestanding sign shall be located along a local street. 011egisdrfV2331d%1?-6 01 5 Z-7 A. COMMERCIAL DISTRICTS (CONTINUED) 3. WALL SIGNS MAXIMUM MAXIMUM SITE CRITERIA TYPE NUMBER SIGN AREA OTHER STANDARDS Individual Business wall One per street or 1.5 sq.ft per linear 1. Channel letter signs required on all sites Identification parking lot ft.of business consisting of 5 or more uses. frontage for each frontage. separate business 2. Signs over 50 sq. ft. shall have an opaque on the ground Business<50.000 background and internal illumination for floor sq.ft. Max.total— items of information only or shall be of 200 sq.ft.* channel letter design. Signs for second floor businesses Business 50.000— 3. Multi-business consolidated wall signs with exterior sq. ft.No Max.* shall be permitted provided the signs do access may be not exceed the allowable sign area. permitted by *No sign shall Planned Sign exceed 200 sq. ft. 4. Placement shall conform to Diagram B. Program or 1.5 sq.ft.per linear ft.of the wall 5. One nameplate may be placed at each upon which it is door, loading dock,or other entrance placed. facing a public street;max.6 sq. ft. Channel letter signs: 6. Signs on projecting canopies%awnings 15%bonus after shall be considered wall signs. above calculation. 7. Raceways shall only be permitted when unable to place electrical components within wall/parapet. under One per business 8 sq. ft. 1. Canopy signs shall be attached canopy perpendicular to the building face, centered above the store entrance or lease length. 2. Minimum 8 ft.ground clearance. 3. Signs shall not be illuminated. 4. CHANGEABLE COPY SIGNS MAXIMUM MAXIMUM MAXIMUM SITE CRITERIA TYPE NUMBER SIGN AREA HEIGHT OTHER STANDARDS Hotel with f's One per site 30%of See A.1. To be combined with Convention allowable f%s Freestanding permitted sign. Facility area Signs(a-d)above Live Entertainment fs One per site 30%of See A.1. To be combined with allowable Ps Freestanding permitted sign. area Signs(a-d)above Tenant Directory f."s One per site 30 sq.ft. 7 ft. Low intensity illumination, oriented toward pedestrians and motorists on site. Min.30 ft. from exterior property lines,and 25 ft.from other freestanding signs. Menu Board fs or One per drive- 10 sq.ft. 7 ft. May be in addition to wail thru lane I permitted sign. Electronic Readerboards (See Sections 233.12 and 233.14 for specifications) 01 1e2isdrft`2331di"12.6.01 6 3"�T_7 B. INDUSTRIAL DISTRICTS 1. FREESTANDING SIGNS MAXIMUM MAXIMUM MAXIMUM SIGN SITE CRITERIA NUMBER SIGN AREA HEIGHT OTHER STANDARDS Industrial/Mixed One business Under I acre: 7 ft. 1. Sign copy shall be limited to center or Uses identification 32 sq. ft. single business identification only. No sign per site multi-tenant panels shall be permitted. Industrial centers over 1 acre: 2. Freestanding signs shall conform to 50 sq. ft. Diagram A,and shall be located in a landscaped planter a minimum of 2 feet wider than the sign itself. 3.All freestanding signs shall have the street address included on the sign. 4. Signs shall be monument type. 5. Internally illuminated signs shall be designed as bonus signs. Mixed Use One per street Under 1 acre: 10 ft. 1. Multi-tenant panels are permitted Businesses with frontage 32 sq. ft. provided the panels are minimum Frontages on Gothard 10 inches in height with minimum 6 inch Street Industrial centers high letters. They shall be restricted to over I acre: one uniform background color and two 50 sq. ft. colors for the sign copy,with the exception that the Center Identification may have a separate background color. Sign copies shall be limited to the company name or one generic item of information. 2. ;Major tenant identification shall be encouraged by being placed on the largest panel. 3. Signs eight(8)feet or less shall be monument type. 4. Internally illuminated signs shall be designed as bonus signs. 011eeisdrfd2331d,12.6 01 7 _P ' 1 B. INDUSTRIAL DISTRICTS (CONTINUED) 2. WALL SIGNS MAXIMUM MAXIMUM MAXIMUM SIGN SITE CRITERIA NUMBER SIGN AREA HEIGHT OTHER STANDARDS All Industrial/ One per street 1 sq.ft. per linear ft. Below roofline 1.One nameplate may be placed at each Mixed Uses or parking lot of building frontage. door,loading dock,or other entrance frontage for facing a public street;max. 6 sq.ft. each separate Channel letter signs business receive a 10%bonus 2. Internally illuminated signs shall be after the above designed as bonus signs. calculation. 3.Raceways shall only be permitted Max. 100 sq. ft.per when unable to place electrical business for all wall components within wall parapet. signs. C. RESIDENTIAL MAXIMUM SITE i✓1UM11 MAXIMUM SIGN CRITERIA TYPE NUBER SIGN AREA HEIGHT OTHER STANDARDS Neighborhood f./s I per street 1 sq.ft.per 6 ft. 1.Signs shall be affixed to perimeter Identification entrance unit,max. 50 wall or placed within a sq.ft. landscaped planter. OR 2. Sign copy shall be limited to 18 inches in height.name of development only. wall One on each 0.5 sq.ft. per 3. Freestanding signs shall be set side of each unit,max.25 back 20 feet from any interior street entrance sq. ft. property line. Placement shall conform to Diagram A. Vacancv Signs wall One per street 6 sq.ft. Below roofline I.Copy limited to"vacancy,"type for Multi-family frontage of unit available,and source of Developments information. 011egisdrf..2331d 12 6.01 3�z-7 D. CHURCHES, AND SCHOOLS, AND COMMERCIAL RECREATIONAL USES WITHIN PUBLIC PARKS MAXIMUM SITE MAXIMUM MAXIMUM SIGN CRITERIA TYPE NUMBER SIGN AREA HEIGHT OTHER STANDARDS Identification f-s One per site 32 sq. ft. 7 ft. 1. Freestanding signs shall be completely located within a AND landscaped planter. %Nall One per site 1 sq.ft.per Below roofline 2. Signs shall be monument type. linear ft.of bldg.frontage 3. Freestanding signs shall be set Max.32 sq. ft. back 5 ft.from any interior property line. 4.All freestanding signs shall have the address included on the sign. 5. Raceways shall only be permitted when unable to place electrical components within wall/parapet. Changeable f's One per site 30%of 7 ft. To be combined with permitted sign. Copt/ allowable Fs area wall One per site May be in addition to permitted 10 sq.ft. sign. I 011e-isdrtU2331d.12/6'01 9 E. SERVICE STATIONS MAXIMUM SITE MAXIMUM MAXIMUM SIGN CRITERIA TYPE NUMBER SIGN AREA HEIGHT OTHER STANDARDS Business P's One per site Alternative A: 7 ft. 1. Service stations with convenience Identification 20 sq.ft. if sign markets shall use Alternative A. contains only identification 2. Freestanding signs shall be located and no in a landscaped planter a minimum changeable of 2 feet wider than the sign itself copy panels for V pricing. 3. Signs shall be monument type. OR 4.All freestanding signs shall have the address included on the sign. Alternative B: v 50 sq.ft. if price information is incorporated on sign. Sign shall contain panels for fuel price only. No detached price signs shall be located elsewhere on the site. wall One per street 1 sq. ft.per Below roofline 1. Internal illumination or channel frontage linear foot of letters only. andior building frontage 2. If canopy fascia signs are used for canopy One per street business ID,no wall signs shall be frontage permitted on bldg. 10 sq. ft. 3. Max. letter height for fascia signs shall be 75%of fascia width. 4. If canopy fascia signs are not provided;a logo may be permitted on each side of canopy column connector(spandrel)in addition to wall signs. Fuel Price and Us One per street 12 sq. ft. 6 ft. 1.Price signs shall advertise fuel Credit frontage in prices only and no other product Information conjunction available. with Alternative A 2.Freestanding signs shall be sign completely located within a landscaped planter. Price signs shall be located a minimum 15 ft. from other freestanding signs. 011egisdrf1.2331d:12i6:01 10 E. SERVICE STATIONS (CONTINUED) MAXIMUM SITE MAXIMUM MAXIMUM SIGN CRITERIA TYPE NUMBER SIGN AREA HEIGHT OTHER STANDARDS Pum attached One per 2 sq.ft. ]Oft. I.No other signs shall be permitted Instructions or to pump canopy column on the canopy or column except Identification island as specified. column 2. Point of purchase signs shall be prohibited. 3. State or Federal government required signs encompassed within a fuel pump shall not be regulated by this ordinance. F. PERMITTED IN ALL DISTRICTS MAXIMUM SITE MAXIMUM MAXIMUM SIGN CRITERIA TYPE NUMBER SIGN AREA HEIGHT OTHER STANDARDS Building wall One per 3 sq. ft. per Shall be placed 1. Such sign shall be in addition to Identification for building foot of bldg. within top 25 ft. that which is permitted elsewhere Buildings Over frontage height of bldg. in this article. 100 Ft. in Height 2. Raceways shall only be permitted when unable to place electrical components within wall parapet. Promotional Activitv Signs (See Section 233.18 for specifications) Real Estate l. Real estate signs shall be removed immediately after sale or lease, -Residential One per site 8 sq.ft. 6 ft. which shall be defined as the Districts close of escrow. f`s -Commercial One per site 20 sq. ft. 10 ft. 2. Sians shall not be attached to the Office OR perimeter walls of residential Districts communities or create any hazards wall for traffic or pedestrians. -Commercial/ One per site 30 sq.ft. 12 ft. Industrial Districts -Miscellaneous! One per site 20 sq. ft. 10 ft. All Other Districts 01 legisdrlt.2331d.'12.6'01 11 3gz7 F. PERMITTED IN ALL DISTRICTS (CONTINUED) MAXIMUM SITE MAXIMUM MAXIMUM SIGN CRITERIA TYPE NUMBER SIGN AREA HEIGHT OTHER STANDARDS Open House f's One Sign 6 sq. ft. 4 ft. 1.Open house signs and flags may Sins and Real be displayed only during daylight Estate Flags Three flags per 2.5 sq.ft. 6 ft. hours and when the property is site available for inspection. 2.Open house signs may only be placed at the immediate points of access to a residential subdivision from an arterial. Placement shall be in the parkway only and not in street medians or dividers. 233.08 Exempt Signs (3334-6/97) Signs exempt from the sign permit requirements of this chapter include: (3334-6/97) A. Corner stones, including names of buildings, dates of erection, and citations that are made an integral part of the structure. (3334-6/97) B. Credit card, trading stamp, or trade association signs not exceeding 0.5 square feet each. (3334-6/97) C. Governmental flags of any governmental agency not used for commercial promotional purposes. (3334-6/97) D. Neighborhood Watch signs. (3334-6/97) E. Notices posted by a utility or other quasi-public agent in the performance of a public duty or by any person giving due legal notice. (3334-6/97) F. Official notices of any court, public body or officer. (3334-6/97) G. Oil operations signs consistent with Title 15 of the Municipal Code. (3334-6/97) H. One construction sign per street frontage with a maximum sign area of 32 square feet located on a construction site during the course of constriction. Removal is required prior to issuance of a certificate of occupancy or final inspection, whichever comes first. (3334-6/97) I. One name plate, not over six (6) square feet in area, displaying the name and/or profession of the occupant of the building and/or the address, may be placed at each door, loading dock, or other entrance facing a public street. (3334-6/97) J. On-premise parking and other directional signs, not exceeding one double-faced sign per entrance, not exceeding two (2) square feet in area and four(4) feet in height. Such signs shall not include business identification, product, or logo. (3334- 6/97) 01 legisdrfv2331d`12 6'01 12 315 7_� K. Open house signs, not to exceed six (6) square feet and four(4) feet in height, may be displayed adjacent to the entrance of a property for sale or rent during daylight hours when the property is open for inspection. (3334-6/97) L. Pennants corresponding to a City sponsored event or theme. The pennants shall be on light standards located on private property, a maximum of 30 square feet per pennant, with a minimum eight (8) foot clearance from the ground. Written text shall be restricted to the name and dates of the event. Pennants shall be removed within five(5) working days upon the completion of the event. (3360-12/97) M. Political campaign signs which do not pose a traffic or safety hazard, are not erected more than 75 days prior to or remain more than 15 days after an election, and have been granted permission of the property owner for display. Political signs shall be prohibited in street medians and dividers. (3334-6/97,3360-12/97) N. Promotional Activity Signs for Vehicle Sales Dealerships provided they comply with the provisions set forth in Section 233.18 G. (3360-12/97) O. Public transit seating signs and public information, directional, and warning signs erected by a public agency. (3334-6/97) P. Real estate signs provided they comply with the provisions set forth in Section 233.06 F. (3360-12/97) Q. Signs manufactured as a standard, integral part of a mass-produced product accessory to a commercial or public or semi-public use, including telephone booths, vending machines, automated teller machines, and gasoline pumps. (3334-6/97) R. Signs within a building not visible from a public street and window signs not exceeding 20 percent of the visible area of a window (50% during December). No window sign shall be displayed above the second story. (3334-6/97, 3360-12/97) S. Signs required by the Americans with Disabilities Act (ADA). (3360-12/97) T. Street address numerals. (3334-6/97) U. No-trespassing signs posted a minimum of 100 feet apart. (3334-6/97) 233.10 Prohibited Signs (3334-6/97) A. Canvas signs, banners, pennants, streamers, balloons or other temporary signs except as provided in Sections 233.08 (Exempt Signs), 233.16 (Subdivision Directional Signs) or 233.18 (Promotional Activity Signs). (3334-6/97,3360-12/97) B. Mobile, A-frame, and portable signs and those of a similar nature which are not permanently attached to the ground or building except as provided in Sections 233.18 or 233.20. (3334-6/97) C. Roof signs. (3334-6/97) D. Signs which resemble any official marker erected by the city, state, or any governmental agency, or which, by reason of position, shape, color or illumination would conflict with the proper functioning of any traffic sign or signal or would be a hazard to vehicular or pedestrian traffic. (3334-6/97) 01 leeisdrfv2331di12:6:`01 13 E. Signs which produce odor, sound, smoke, fire or other such emissions. (3334-6/97) F. Flashing, moving, pulsating, or intermittently lighted signs, mechanical movement signs, including searchlights, except electronic readerboards and public service signs such as those for time and temperature. (3334-6/97) G. Animals or human beings, live or simulated, utilized as signs. (3334-6/97) H. Projecting signs, except canopy or awning signs and under-canopy signs, subject to subsections 233.06(A) and 233.06(E). (3334-6/97,3360-12/97) I. Signs which constitute a nuisance or hazard due to their intensity of light. (3334-6/97) J. Signs visible from and within 100 feet of an R district which are illuminated between the hours of 10:00 PM and 7:00 AM unless they identify an establishment open for business during those hours. (3360-12/97) K. Off-premises signs, including billboards or advertising structures installed for the purpose of advertising a project, subject or business unrelated to the premises upon which the sign is located, except subdivision directional signs and multiple user electronic readerboards. (3334-6/97) L. Abandoned signs and signs which no longer identify a bona fide business conducted on the premises. Such signs shall be removed by the property owner within 60 days of the business' closing date. The sign panel may be turned over (blank side out) if the sign complies with code. (3334-6/97,3360-12/97) M. Signs on any public property, including signs affixed to utility poles, or projecting onto the public right-of-way, except political signs and those required by law. This section shall not prohibit the placement of advertising panels on public service items including, but not limited to, trash receptacles, bicycle racks, bus benches, transit shelters, and telephone booths, within public rights-of-way or in publicly- operated beaches or parks provided such items are placed in accord with an agreement granted by the City Council. (3334-6/97, 3360-12/97) N. Vehicle signs, signs affixed to automobiles, trucks, trailers or other vehicles on public or private property for the basic purpose of advertising, identifying or providing direction to a use or activity not related to the lawful use of the vehicle for delivering merchandise or rendering service. Any such vehicle signs which have as their primary purpose to serve as a non-moving or moving display are prohibited. (3334-6/97) 233.12 Electronic Readerboards (3334-6/97) Electronic readerboards may be permitted subject to the review by the Design Review Board, and approval of a conditional use permit by the Planning Commission. (3334-6/97, 3360-12/97) A. Required Findings: Prior to approving a conditional use permit to allow an electronic readerboard sign, the Planning Commission shall make the following findings: (3334-6/97) 1. The proposed electronic readerboard sign conforms with the standards and criteria as set forth in this chapter; (3334-6/97) 2. The proposed electronic readerboard sign is compatible with other signs on the site and in the vicinity; (3334-6/97) 011egisdrft'2331d/12 6%01 14 3SZ-7 3. The proposed electronic readerboard sign will not adversely impact traffic circulation in adjacent rights-of-way or create a hazard to vehicular or pedestrian traffic; and (3334-6/97) 4. The proposed electronic readerboard sign shall not have adverse visual impacts on adjoining commercial and/or residential neighborhoods. (3334-6/97) B. Readerboard Sign Criteria: (3360-12/97) 1. Electronic readerboards may be freestanding or wall type signs. (3334-6/97) 2. The maximum number of electronic readerboards shall be one per site. (3334-6/97) 3. The maximum sign area shall be 115 square feet; 90 square feet for message center; and 25 feet for other information. (3334-6/97) 4. The maximum height of a freestanding electronic readerboard sign shall be 25 feet. (3334-6/97,3360-12/97) 5. The electronic readerboard shall have cylinders, a shade screen and a photocell for reducing the intensity of lighting at night. (3334-6/97) 6. The maximum measurable light output of the electronic readerboard shall not exceed 50 foot-candles at any property line. (3334-6/97) C. Location Requirements: (3334-6/97) 1. Electronic readerboards shall only be allowed on parcels abutting a freeway and on parcels abutting Beach Boulevard, excluding the portion along Beach Boulevard designated as a landscape corridor south of Adams to Pacific Coast Highway. (3334-6/97) 2. Minimum lot frontage: 200 feet. (3334-6/97) 3. Minimum distance between electronic readerboards: 150 feet. (3334-6/97) 4. Minimum distance to any residence: 150 feet. (3334-6/97) D. Other Standards: (3334-6/97) 1. Where a site has an electronic readerboard, temporary banners, balloons, flags, etc. shall be permitted a maximum of 15 days per calendar year. (3334-6/97) 2. Hours of operation: 6:30 AM to 10:30 PM. At least 10 percent of the message time, or any percentage deemed necessary by the City for emergency conditions, shall be used for public service announcements. (3334-6/97) 3. Messages in an electronic readerboard shall be no faster than one message every four seconds, and the minimum interval between messages shall be at least one second. Continuous motion of messages is not permitted. (3334-6/97) 4. Light intensity changes (other than between day and night uses) are not permitted. (3334-6/97) 0I legisdrf:2331d'12;'G'0I 15 3Z_7 5. In addition to the electronic readerboard sign, one monument sign, maximum of seven (7) feet in height and a maximum fifty(50) square feet in sign area, may be permitted and all other signage shall be brought into conformance with this chapter. (3334-6/97) 233.14 Readerboard Signs - Multiple Users (3334-6/97) Off-site electronic readerboard signs may be permitted subject to the conditional use permit approval by the Planning Commission. Approval of electronic readerboard signs shall be subject to the following: (3334-6/97) A. Required Findings: Prior to approving a conditional use permit to allow a multiple user electronic readerboard sign, the Planning Commission shall make the following findings: (3334-6/97) 1. The proposed electronic readerboard sign conforms with the standards and criteria as set forth in the Huntington Beach Zoning and Subdivision Ordinance; (3334-6/97,3360-12/97) 2. The proposed electronic readerboard sign will not adversely impact traffic circulation in adjacent right-of-way or create a hazard to vehicle or pedestrian traffic. (3334-6/97,3360-12/97) B. Multiple User Readerboard Sign Criteria: (3360-12/97) 1. Multiple user electronic readerboard signs may be located at a site which is not the location of any of the parties using the sign for advertising. (3334-6/97) 2. Multiple user electronic readerboard shall be freestanding. (3334-6/97) 3. The maximum sign area shall be twelve hundred (1200) square feet. (3334-6/97) 4. The maximum height of a multiple user readerboard sign shall be eighty-five (85) feet. (3334-6/97) 5. The multiple user readerboard shall have cylinders or directional incandescent lamps and have a shade screen or louver system, a shade screen and a photocell for reducing the intensity of lighting at night. (3334-6/97) C. Lighting Standards: (3334-6/97) 1. The maximum night time light intensity and illuminance shall conform to the following: (3334-6/97) MAXIMUM NIGHT TIME INTENSITY Height from Ground (in feet) 5 10 20 30 50 70 85 Maximum Intensity x 1000lumens 125 130 145 170 250 370 490 0l le.-i sdrfv2331d:`1?.'6:`01 16 3 ;Z7 MAXIMUM NIGHT TIME ILLUMINANCE Land Use at Receptor Site Residential Commercial Other Maximum Illuminance foot-candles 0.3 2.0 1.0 The maximum night time illuminance shall be measured at the receptor site, at ground level, by a direct reading, portable light meter. Measurements shall not be made within one hour after sunset or before sunrise. (3334-6/97) 2. Illuminance shall be determined by the difference between a reading taken with the sign on and another reading taken within three (3) minutes with the sign off. (3334-6/97) 3. An illuminance chart shall be prepared by a licensed engineer and submitted to the Director for approval prior to installation. Conformance with this ordinance shall be verified by actual measurements made, as specified herein, after installation. The method of measurement and results shalt be subject to approval of the Director. (3334-6/97) D. Location Requirements: (3334-6/97) 1. A multiple user readerboard shall be located no farther than two hundred (200) feet from a freeway. (3334-6/97) 2. The minimum distance between multiple user readerboards shall be one thousand (1,000) feet. (3334-6/97) 3. The sign shall be a minimum distance of 600 feet from residential properties. (3360-12/97) E. Other Standards: (3334-6/97) 1. No off-site electronic readerboard will be permitted except for multiple users. (3334-6/97) 2. At least twenty percent (20%) of the message time, or any percentage deemed necessary by the City for emergency conditions shall be used for public service announcements. (3334-6/97) 3. Messages in a multiple user sign shall be no faster than one message every four(4) seconds and the minimum interval between messages shall be at least one second. (3334-6/97) 4. Light intensity changes (other than between day and night uses) are not permitted. (3334-6/97) 233.16 Subdivision Directional Signs (3334-6/97) Subdivision directional signs shall contain only the name of a development, the developer, price information, and directional information for land development projects located within the city. 01legisdrft2331d 116:01 17 3�; 7 No land development project shall be permitted more than six off-site subdivision directional signs, and approval for such signs shall be subject to the following standards: (3334-6/97) A. Location requirements: (3334-6/97) 1. Signs shall not be located within any public right-of-way or on any property developed with residential uses other than that of the subdivision identified. (3334-6/97) 2. Signs located on the same side of the street shall be a minimum of 600 feet from any other subdivision directional sign except a sign may be permitted on each corner of the intersection of arterial highways. (3334-6/97) 3. Maximum area and height: (3334-6/97) a. 64 square feet in area and 15 feet high provided there is a minimum 50 foot distance from any adjacent developed property. (3334-6/97) b. 32 square feet in area and 8 feet high provided there is a minimum 25 foot distance from any adjacent developed property. (3334-6/97) B. Permit expiration: Permits issued for subdivision directional signs shall expire either one year from the date of issuance or on the date 90 percent of the project's units have all been sold, leased, or rented for the first time, whichever is sooner. Annual renewals may be granted for such time as units still exist for sale; however, no more than one directional sign is allowed after 90 percent of the units are sold, leased or rented. (3334-6/97) C. Street widening: When a sign conflicts with street widening or construction, it shall be removed upon written notice at no cost to any public agency. (3334-6/97) D. Required bond: Prior to the issuance of a building permit, the applicant shall file a cash bond in an amount set by resolution of the City Council. The full bond amount shall be refunded if the sign structure is removed and the site restored to its original condition within 15 days after the expiration of the permit. If the sign structure is not removed, the City shall remove the sign and its supporting structure with the cost deducted from the cash bond, and any remainder refunded. (3334-6/97) 233.18 Promotional Activity Signs (3334-6/97) A. Promotional activity signs may be placed on a site subject to the approval of the Director, provided that temporary signs comply with this section, and do not create safety hazards or block signs identifying adjoining establishments. (3334-6/97) B. A temporary sign permit for promotional activity banners, pennant or pennants, unless otherwise specified, shall be valid for a maximum of ninety(90) days in any calendar year and shall not be renewable. (3334-6/97,3360-12/97) C. A promotional activity banner or banners shall not exceed one square foot of banner area for each linear foot of building frontage and in no case shall the total banner area exceed 100 square feet. Pennants shall be limited to a maximum of one square foot for each pennant. (3334-6/97,3360-12/97) D. A temporary sign permit for grand opening promotional activities shall be allowed for ninety(90) days, and the permit is not renewable. A promotional activity 01legisdrf 2331d 12 6:101 18 3;-C7 banner, as permitted above, shall not be affected by the issuance of a grand opening sign permit during the same calendar year. The size of a grand opening banner shall not exceed the size specified in Section 233.18 C. (3334-6/97,3360-12/97) E. Promotional signs shall not be in a condition of disrepair. Disrepair shall include torn, faded or sagging signs. (3334-6/97) F. Sites with electronic readerboards shall be permitted to have promotional activity signs displayed a maximum of fifteen (15) days per calendar year. (3334-6/97) G. Vehicle sales businesses on Beach Boulevard shall be exempt from these limitations on promotional activity signs provided they comply with the following: (3334-6/97,3360-12/97) 1. Eighteen inch (18") non-metallic helium balloons and large non-metallic inflatables may be displayed on the weekends (Friday 9:00 AM through Sunday 12:00 Midnight), provided they do not project over the public right- of-way. (3334-6/97) 2. Automobile dealerships on Beach Boulevard shall be permitted to display flags, pennants, banners and car-top signs throughout the year. (3334-6/97) H. Vehicle sales businesses on Beach Boulevard shall obtain a temporary sign permit for the use of large displays and inflatables larger than eighteen inches (18") in diameter. The displays and inflatables shall be affixed directly to the ground or roof of a building; the displays and inflatables shall not be elevated up in the air. The displays and inflatables shall be limited to a maximum of twelve (12) weekends per calendar year. (3360-12/97) 233.20 Planned Sign Program (3334-6/97) A planned sign program shall be submitted to the Director when required by Section 233.04 B. Such program shall be reviewed by the Design Review B and approved by the Director prior to issuance of any permit for signs. The purpose of the planned sign program is to encourage coordinated and quality sign design as well as to permit more flexible sign standards for commercial and industrial centers. (3334-6/97,3360-12/97) The standards of Section 233.06 shall be used as a guide in the design of a planned sign program. The property owner shall designate a person or firm as the primary liaison with the City for the purpose of submitting sign permit requests in conformance with the approved planned sign program. (3334-6/97,3360-12/97) A. Planned sign program applications shall be submitted to the Planning Division and shall include the following: (3334-6/97) 1. A site plan, drawn to scale, depicting the precise locations of all buildings and signs; (3334-6/97, 3360-12/97) 2. Drawings and/or sketches indicating the exterior surface details of all buildings on the site on which wall signs, directory signs, or projecting signs are proposed; (3334-6/97) 3. Written text describing the specific sign criteria for the property. The program shall, at minimum, include provisions regulating sign height, area, sign type, colors, design and location. (3360-12/97) Ol lesisdi ft.2 -IIdi 12.6'O1 19 4. A statement of the reasons for any requested modifications to the provisions or standards of this chapter; and (3334-6/97) 5. The name, address, and telephone number of the person or firm responsible for administering the planned sign program. (3334-6/97) B. A planned sign program may include more than one freestanding sign per parcel or other deviations from the standards of this chapter, provided that the total sign area does not exceed the area otherwise permitted by Section 233.06 by more than 10 percent, or by 30% for multiple automobile franchises occupying the same lot, and commercial businesses with 50,000 square feet or more of floor area. In approving a planned sign program, the Director shall find: (3334-6/97,3360-12/97) 1. That the proposed signs are compatible with the style or character of existing improvements on the site and are well related to each other, reflecting a common theme and design style. (3334-6/97) C. The Director may require any reasonable conditions necessary to carry out the intent of the planned sign program. For developments with existing signs, a schedule or phasing plan for bringing such signs into conformance with the planned sign program shall be submitted and become part of the approval. A cash bond may be required to guarantee their modification or removal. (3334-6/97,3360-12/97) 233.22 Miscellaneous Signs and Provisions (3334-6/97) A. Signs within the Downtown Specific Plan or any other specific plan area shall comply with any additional requirements outlined within the plan itself and any applicable design guidelines. (3334-6/97) B. Non-commercial murals, non-commercial large graphic designs, and statuary shall be subject to review by the Director for the sole purpose of ensuring that such displays will not pose a hazard to public health, safety or welfare. (3334-6/97) C. No window or contiguous window panes shall be covered by paper or painting signs which exceed 20 percent of the total area of that window at any time. Exception: Windows may be covered up to 50% during the month of December. (3334-6/97,3360-12/97) 233.24 Nonconforming Signs (3334-6/97) A. Continuation of Use. Any nonconforming on-site sign may be maintained after the effective date of the ordinance codified in this title, provided that the nonconforming sign is not: (3334-6/97,3360-12/97) 1. Changed to another nonconforming sign; or (3334-6/97) 2. Structurally altered so as to extend its useful life; or (3334-6/97) 3. Expanded or altered as defined in Section 233.28, except that a change of sign panel/face may be permitted provided the items of information on the sign (i.e., business name) remain the same; or (3334-6/97,3360-12/97) 4. Reestablished after discontinuance for ninety(90) days or more; or (3334-6/97,3360-12/97) 011eaisdrf;2331d 12 6/01 20 5. Reestablished after damage or destruction of more than fifty percent (50%) of the sign value at the time of such damage or destruction. (3334-6/97,3360-12/97) B. Signs replaced or requested to be modified at the owner's initiative shall comply with all current provisions of this chapter unless granted a sign code exception, limited sign permit or planned sign program. (3334-6/97,3360-12/97) 233.26 Code Compliance (3334-6/97) Signs shall be subject to the provisions of this chapter, the Uniform Building Code and National Electric Code, as adopted by the City. (3334-6/97,3360-12/97) Penalty. No person, firm, corporation or other legal entity shall maintain, place, erect, or permit any sign to be displayed in violation of this chapter. Violations are a misdemeanor and are punishable as provided in Chapter 249 Enforcement of the Huntington Beach Zoning and Subdivision Ordinance. (3360-12/97) 233.28 Definitions (3334-6/97) The following definitions shall apply to the provisions in this Chapter. General definitions are contained in Chapter 203. (3334-6/97) A. Abandoned Sian: a sign which no longer directs, advertises or identifies a legal business establishment, product or activity on the premises where such sign is displayed. (3334-6/97) B. Alteration: any change of copy, sign face, color, size, shape, illumination, position, location, construction, or supporting structure of any sign. (3334-6/97) C. Animated Sign: any sign which is designed to give a message through a sequence of progressive changes of parts or lights or degree of lighting. (3334-6/97) D. Area of Sign: (3334-6/97) 1. The area included within the outer dimensions of a sign (excluding structural supports). (3334-6/97,3360-12/97) 2. For freestanding signs, sign area shall be calculated on one (1) face of the sign, provided a sign face on a double-sided sign is not separated from the opposite side of the sign by more than 12 inches at any point. (3334-6/97,3360-12/97) 3. For illuminated awning or canopy signs, sign area shall be calculated around the sign copy only. (3334-6/97,3360-12/97) 4. For signs without a border or frame (channel or skeleton letters), the area shall be within a rectangle or eight (8) continuous straight lines (with right angles) formed around the extreme outer limits of the sign message, including all figures and any background or color which is an integral part of the sign. (3334-6/97,3360-12/97) 01le,isdr t 2331d 12,6 01 21 SIGN AREA I LS GN REA E. Awnin : a shelter supported entirely from the exterior wall of a building and composed of non-rigid materials except for the supporting framework. (3334-6/97) F. Awning Sign: a sign painted on, printed on, or attached flat against the surface of an awning. (3334-6/97) G. Banner Sign: a temporary sign composed of fabric or flexible material with no enclosing frame. (3334-6/97) H. Bonus Sign: an internally illuminated freestanding sign designed with opaque sign faces/panels, and illumination for items of information only. (3360-12/97) I. Business Identification Sign: a sign which serves to identify only the name and address of the premises, business, building or portion of building upon which it is located and includes no other advertising such as product lists, phone numbers and hours of operation. Logos may also be permitted. (3334-6/97) J. Buildin>; Frontage: the linear extent of a building or business which has frontage on either a street or parking area. Only one side of the building facing the street or parking area shall be used to determine the maximum sign area. (3334-6/97,3360-12/97) K. Canopy: a permanent roof-like structure which extends along and projects beyond the wall of a building, or is freestanding as common in service stations, and is generally designed and constructed to provide protection from the weather. (3334-6/97,3360-12/97) L. Changeable Copy Sign: a sign or portion thereof with characters, letters or illustrations that can be changed manually or electrically without altering the face or surface of the sign. (3334-6/97) M. Channel letters: individual letters or figures, illuminated or non-illuminated, affixed to a building or freestanding sign structure. (3334-6/97) N. Construction Sian: a temporary sign identifying the persons, firms or businesses directly connected with a construction or development project and may include the name of the future site occupant. (3334-6/97) O. Directional Sign: an on-premise incidental sign designed to guide or direct pedestrian or vehicular traffic. (3334-6/97) P. Electronic Readerboard: a changeable message sign consisting of a matrix of lamps which are computer controlled. (3334-6/97) Q. Exposed Neon: neon tubing used for lighting in signs and other building identification such as raceways and accent lighting. (3360-12/97) R. Exposed Raceway: visible tube or box behind a wall sign used to house electrical wiring for the wall sign. (3360-12/97) 01 lesisdrfl 2331d:12r6r01 22 S� -7 S. Flashing Sign: an illuminated sign which contains an intermittent or sequential flashing light source or any other such means to attract attention. This definition is not intended to include "changeable copy signs" or "animated signs." (3334-6/97) T. Freestanding Sign: a sign permanently attached to the ground and which does not have a building as its primary structural support. This includes ground signs, pole signs and monument signs. (3334-6/97) U. Grand Opening: a promotional activity not exceeding ninety(90) calendar days used by newly established businesses to inform the public of their location and services. (3334-6/97) V. Ground Sign: see Freestanding Sign. (3334-6/97) W. Illegal Sign: a sign which was erected without the benefit of a permit, that does not meet the requirements of this ordinance, or has not received legal nonconforming status. (3334-6/97,3360-12/97) X. Incidental Sign: a small sign pertaining to goods, products, services or facilities which are available on the premises where the sign occurs and intended primarily for the convenience of the public. (3334-6/97) Y. Indirect Illumination: a light cast on the surface of a sign from an exterior source. (3334-6/97) Z. Industrial Center: any site containing three(3) or more industrial activities. (3360-12/97) AA. Integrated Development: a development or site comprised of one or more parcels served by common access ways, driveways, parking and landscaping. (3334-6/97) BB. Interior illumination: any sign face which is artificially lit from the inside. (3334-6/97) CC. Item of information: each word, design, symbol, or figure. (3334-6/97) DD. Limited Sign Permit: City approved entitlement allowing the initial modification and maintenance of a nonconforming sign for up to a two (2) year period. (3360- 12/97) EE. Logo: a trademark or company name symbol. (3334-6/97) FF. Marquee: see Canopy. (3334-6/97) GG. Mansard: a sloped roof or roof-like facade. (3334-6/97) HH. Monument Sign: a free standing sign with a solid base. (3334-6/97) II. Moving Sign: any sign or device which has any visible moving part, visible revolving part, or visible mechanical movement. (3334-6/97) JJ. Name Plate Sign: an attached sign which designates the names and/or address of a business, and/or the words "entrance" or "exit." (3334-6/97) KK. Nonconforming Sign: a sign which was erected legally but does not comply with current sign provisions. (3334-6/97,3360-12/97) 011egfsdrfv2331d.!12i6 01 23 313Z-7 LL. Off-Site Sian: any sign which advertises goods, products, services or facilities not sold, produced, manufactured or furnished on the premises on which the sign is located. These signs are also known as outdoor advertising, billboards, and poster panels. (3334-6/97) MM. On-Site Sign: a sign which pertains to the use(s) of the site on which it is located. (3334-6/97) NN. Open House Sign: a sign which identifies a building for sale or lease which is open and available for inspection, and sets forth no other advertisement. (3334-6/97) 00. Planned Sian Program: City approved entitlement which incorporates coordinated and quality sign design elements. (3360-12/97) PP. Point of Purchase Display: advertising of a retail item accompanying its display, e.g., an advertisement on a product dispenser. (3334-6/97) QQ. Pole Sign: see Freestanding Sign. (3334-6/97) RR. Political Sian: a sign identifying either a candidate for public office or an issue relating to a forthcoming election. (3334-6/97) SS. Portable Sian: any sign not permanently attached to the ground or a building. (3334-6/97) TT. Projecting Sian: a sign which is attached to and projects from the wall of the building more than 18 inches and which has its display surface perpendicular to such wall, to the structure to which it is attached. (3334-6/97) UU. Promotional Activity Sign: a temporary sign used to advertise a short term special activity or sale, i.e., grand opening, under new ownership, fall sale, etc. (3334-6/97) W. Public Access Signage: signage that directs the general public to the coast or sea and/or public amenities available for general public use. (3360-12/97) WW. Public Service Information Sign: any sign intended primarily to promote items of general interest to the community such as time, temperature, date, atmospheric conditions, news or traffic control, etc. (3334-6/97) XX. Real Estate Sign: any temporary sign indicating that the premises on which the sign is located is for sale, lease or rent. (3334-6/97) YY. Roof Sign: an attached sign constructed upon or over a roof, or placed so as to extend above the visible roofline; or a freestanding sign which is greater in height than the building it serves to identify. (3334-6/97) ZZ. Rotating Sign: any sign or portion thereof which physically revolves about an axis. (3334-6/97) AAA. Sian: any medium for visual communication, including its structure and component parts, which is used or intended to be used to attract attention. (3334-6/97) I BBB. Sign Height: measurement from the adjacent sidewalk or curb to the highest portion of the sign, including architectural elements. (3360-12/97) O1 Iegisdrftr2331d12'6.'01 24 CCC. Sign Code Exception: City approved entitlement granting a deviation to the specifications set forth in this chapter. (3360-12/97) DDD. Sign Copy: any words, letters, numbers, figures, designs or other symbolic representation incorporated into a sign for the purpose of attracting attention. (3334-6/97) EEE. Site: one or more parcels of land identified by the assessor's records where an integrated building development has been approved or proposed. The site shall include all parcels of land contained within or a part of the development application. (3334-6/97) FFF. Site Frontage: the length of a lot or parcel of land along or fronting a street. (3334-6/97,3360-12/97) GGG. Special Events Sign: a temporary sign advertising or pertaining to any civic, patriotic, or special event of a general public interest taking place within the city. (3334-6/97) HHH. Subdivision Directional Sign: a sign providing direction to a land development project pursuant to this chapter. (3334-6/97) III. Supergraphic: a painted design which covers an area greater than ten percent of a wall, building facade, or other structure. (3334-6/97) Mi. Temporaa Sign: a sign which is installed for a limited time and is not constructed or intended for long-term use. (3334-6/97) KKK. Temporary Window Sign: a sign painted or constructed of paper or other lightweight material and affixed to the interior or exterior side of a window or glass area on a building for a limited time. (3334-6/97) LLL. Wall Sign: any sign which is attached or erected on the exterior, posted, or painted or suspended from or otherwise affixed to a wall of a building including the parapet, with the display surface of the sign parallel to the building wall, and which does not project more than eighteen (18) inches from the building, or project above the height of the wall or parapet. (3334-6/97) MMM. Window Sign: a sign in which the name, address, phone number, or hours of operation are applied directly to the window of a business, or a sign visible through the window from the street. (3334-6/97) 01 lesisdrft`?331dr 12•`G.'01 25 3qZ� To remain clear 25' .............. ............... Q \ ' 25' Min. Driveway a \ 10' L. )-+- o wide a; landscape _ area t: 01 o a - Sign Type Setback Pole 40' DIAGRAM A xMonument Subject to Director review G:1DIV9DRAW1233-D"BMP x a i�x i! I I i I I SIGN AREA i b y a 70% Le Behold - Max.Width DIAGRAM B b 75% Fascia - Max. Height x Equal Dimensions y Equal Dimensions G:1 D I V9 D R AW 1233-D IA B.B M P 0llegisdrfv2331d 12r6:`Ol 26 ORDINANCE NO.3f2. LEGISLATIVE DRAFT Chapter 236 Nonconforming Uses and Structures Sections: 236.02 General Provisions. 236.04 Destruction of a Nonconforming Structure or Use. 236.06 Alterations to a Nonconforming Structure or Use. 236.08 Sex Oriented Businesses. 236.02 General Provisions (3254-10/94) A. A nonconforming structure or use shall not be enlarged, increased or intensified except as provided in this chapter. If any such use ceases, the subsequent use of such land, structure or building site shall be in conformance with the regulations specified by this code. (3254-10/94) B. A nonconforming use shall not be resumed, reestablished, or reopened after it has been abandoned, discontinued or changed to a conforming use. (3254-10/94) C. A nonconforming use shall be deemed to be discontinued or abandoned when such use has ceased to operate or to exist for a period of six (6) months. (3254-10/94) D. A nonconforming use which is not housed in any structure, but occupies a lot or portion of a lot, shall not be enlarged or extended to any other portion of the lot or any other lot not so occupied at the time the use became classified as nonconforming. (3254-10/94) E. A nonconforming use occupying either a conforming structure or nonconforming structure or portion thereof shall not be extended to any portion of the structure not so occupied at the time the use became nonconforming. (3254-10/94) 236.04 Destruction of a Nonconforming Structure or Use (3254-10/94) These provisions shall govern reconstruction of the nonconforming structures and/or uses listed below after such structure or use is destroyed by fire, explosion, act of nature or act of the public enemy by the percentage of value specified. (3254-10/94) A. Nonconforming structures and nonconforming uses destroyed 50% or less of the value prior to damage may be completely rebuilt. (3254-10/94) B. Nonconforming residential uses consisting of 10 or less units destroyed more than 50% of the value may be completely rebuilt. (3254-10/94) legisdrft/zoning code/236LD/12/6/01 1 3`3zSh C. Nonconforming residential uses consisting of more than 10 units destroyed more than 50% of the value may be completely rebuilt subject to conditional use permit approval by the Planning Commission provided current requirements for setback and parking are met. (3254-10/94) 236.06 Alterations to a Nonconforming Structure or Use (3254-10/94) A. Interior alterations and/or repairs may be made which do not enlarge the square footage or increase the height of a nonconforming use. Reroofing for health and safety purposes may also be permitted. (3254-10/94) B. A structure for a nonconforming use shall not be enlarged or altered on the exterior in any manner unless: (3254-10/94) 1. All aspects of the existing structure and the proposed addition are made to conform to applicable provisions of this Code, or (3254-10/94) 2. The Planning Gommissie Zoning Administrator permits such alteration subject to approval of a conditional use permit with the following findings: (3254-10/94) a. That the alteration is necessary to secure added safety or reduce the fire hazard or to improve the aesthetic appearance of the structure's architecture by bringing the design into greater conformance with the surrounding neighborhood. (3254-10/94) b. That the alteration or addition will not increase the number of stories. (3254-10/94) C. That the alterations will not cause the floor area to exceed more than ten (10%) percent of the floor area the structure contained at the time the use became nonconforming. (3254-10/94) C. Nonconforming structures may be altered or enlarged provided that the alteration or enlargement is in conformance with applicable provisions of Titles 21 and 22. (3254-10/94) D. Additions to nonconforming structures proposed to be constructed at the existing nonconforming yard setbacks shall be subject to approval of a conditional use permit by the Zoning Administrator. (3254-10/94) E. The area of enlargement to a nonconforming structure in any five year period shall not exceed 50% of the area of the structure as it exists on the effective date of this ordinance. (3254-10/94) 236.08 Sex Oriented Businesses (3378-2/98) A. Any sex oriented business lawfully operating on the effective date of the Ordinance No. 3378 that is in violation of Section 212.04 of this Code shall be deemed a nonconforming use. A nonconforming use will be permitted to continue for a period of three years with possible one year extensions (maximum extensions of five (5) years) to be granted by the Planning Commission only upon legisdrftlzoning code.236LDi116.01 2 a convincing showing by the applicant of extreme financial hardship which is defined as the recovery of the initial financial investment in the nonconforming use, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty(30) days or more. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two (2) or more sex oriented businesses are within 750 feet of one another and otherwise in a permissible location, the sex oriented business which was first established and continually operating at the particular location is the conforming use and the later established business(es) is nonconforming. (3378- 2/98) B. A sex oriented business lawfully operating as conforming use is not rendered a nonconforming use by the location, subsequent to the grant of a sex oriented business zoning permit, of a building used for religious assembly, school, park and recreational facility or any property zoned RL, RM, RMH, RH, RMP, and any properties with equivalent designations under any specific plan within five hundred feet (500') of the sex oriented business. (3378-2/98) C. Any application for a building permit to operate a sex oriented business in a location that is in violation of Section 212.04 that is filed prior to,but approved after the effective date of Ordinance No. 3378 shall be deemed a nonconforming use pursuant to Section A. Any such building permit shall be in effect subject to the applicable zoning regulations in effect prior to the effective date of Ordinance No. 3378. (3378-2/98) leeisdrft'zonine code/2361-D112 6/01 3 Ordinance No. ��� LEGISLATIVE DRAFT Chapter 241 Conditional Use Permits and Variances; Temporary Use Permits; Waiver of Development Standards Sections: 241.02 Procedures Established 241.04 Authority of Planning Commission and Zoning Administrator 241.06 Initiation 241.08 Notice and Public Hearing 241.10 Required Findings 241.12 Conditions of Approval 241.14 Effective Date; Appeals 241.16 Time Limit; Transferability; Discontinuance; Revocation 241.18 Changed Plans; New Application 241.20 Temporary Use Permits 241.22 Waiver of Development Standards 241.02 Procedures Established This chapter establishes procedures for approval, conditional approval, or disapproval of applications for conditional use permits, and variances, temporary use permits, and waivers of development standards. A. Conditional use permits are required for use classifications typically having unusual site development features or operating characteristics requiring special consideration so that they may be designed, located, and operated compatibly with uses on adjoining properties and in the surrounding area. B. Variances may be granted to resolve practical difficulties or unnecessary physical hardships that may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from geographic, topographic, or other physical conditions on the site or in the immediate vicinity; or from street locations or traffic conditions in the immediate vicinity of the site. Variances may be granted with respect to fences, walls, landscaping, screening, site area, site dimensions, yards, height of structures, distances between structures, open space, off-street parking and off-street loading, and performance standards. C. Temporary use permits may be granted for temporary use classifications and for other uses of a temporary nature. D. Waivers of certain development standards may be granted to improve project design, subject to limitations. 241.04 Authority of Planning Commission and Zoning Administrator The Planning Commission or the Zoning Administrator, as the case may be, shall approve or conditionally approve applications for conditional use permits or variances upon finding that the proposed conditional use permit or variance is consistent with the General Plan, and all legisdrftzoning code:'241 LD'11'2/01 1 -913 applicable requirements of the Municipal Code, consistent with the requirements of Section 241.10. The Planning Commission shall act on all variances except the Zoning Administrator may act on variances not exceeding ten twenty percent deviation from site coverage, separation between buildings, height, setback,parking, and landscape requirements. (3334-6/97,3410-3/99) 241.06 Initiation Applications for conditional use permits and variances shall be initiated by submitting an application and necessary accompanying data as prescribed by the Director and the required fee. 241.08 Notice and Public Hearing A. Public Hearing and Notice Required. The Planning Commission or Zoning Administrator shall hold a duly-noticed public hearing on an application for a conditional use permit or variance consistent with the requirements of Chapter 248. B. Multiple Applications. When applications for multiple conditional use permits or variances on a single site are filed at the same time, the Director may schedule a combined public hearing. 241.10 Required Findings An application for a conditional use permit or variance may be approved or conditionally approved if, on the basis of the application,plans, materials, and testimony submitted, the Planning Commission or Zoning Administrator finds that: A. For All Conditional Use Permits. 1. The establishment, maintenance and operation of the use will not be detrimental to the general welfare of persons working or residing in the vicinity nor detrimental to the value of the property and improvements in the neighborhood; 2. The granting of the conditional use permit will not adversely affect the General Plan; 3. The proposed use will comply with the provisions of the base district and other applicable provisions in Titles 20-25 and any specific condition required for the proposed use in the district in which it would be located. B. For Variances. 1. The granting of a variance will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. 2. Because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. legisdrft/zoning code,241 LD./I 1/2 01 2 3-SO 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification and is consistent with the General Plan. C. Mandatory Denial. Failure to make all the required findings under(A) or(B) shall require denial of the application. 241.12 Conditions of Approval In approving a conditional use permit or variance, conditions may be imposed as necessary to: A. To make it consistent with the General Plan; B. Protect the public health, safety, and general welfare; or C. Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area. 241.14 Effective Date; Appeals A conditional use permit or variance shall become effective ten days after action by the Planning Commission or Zoning Administrator, unless appealed in accord with Chapter 248. 241.16 Time Limit; Transferability, Discontinuance; Revocation A. Time Limit. A conditional use permit or variance shall become null and void one year after its date of approval or at an alternative time specified as a condition of approval after its date of approval unless: 1. Construction has commenced or a Certificate of Occupancy has been issued, whichever comes first; or 2. The use is established; or 3. The conditional use permit or variance is extended. B. Transferability. The validity of a conditional use permit shall not be affected by changes in ownership or proprietorship provided that the new owner or proprietor applies to the Director for a transfer. No notice or public hearing on a transfer shall be required. C. Discontinuance. A conditional use permit shall lapse if the exercise of rights granted by it is discontinued for 12 consecutive months. D. Revocation. A conditional use permit that is exercised in violation of a condition of approval or a provision of this ordinance may be revoked, as provided in Section 249.06. E. Extension of Time. A conditional use permit or variance may be extended by the Director for a one year period without notice or public hearing, if the findings required by Section 241.10 remain valid. legisdrfUzoning code,%241 LD%11!2/01 3 241.18 Changed Plans; New Application A. Changed Plans. A request for changes in conditions of approval of a conditional use permit or variance, or a change to development plans that would affect a condition of approval shall be treated as a new application. A request for changes to plans which will not affect a condition of approval may be approved by the Director if the change is not substantial, use of property remains the same, the revision results in an improved development, and the density remains the same. Notice of the Director's approval shall be posted and distributed to the Planning Commission and the City Council within 48 hours of such decision. B. New Application. If an application for a conditional use permit or variance is disapproved, no new application for the same, or substantially the same, conditional use permit or variance shall be filed within one year of the date of denial of the initial application, unless the denial is made without prejudice. 241.20 Temporary Use Permits A temporary use permit authorizing certain temporary use classifications, as defined in Chapter 204 and as listed in the land-use controls for the base districts in which the use will be located, and use of manufactured homes for temporary construction offices, shall be subject to the following provisions: A. Application and Fee. A completed application form and the required fee shall be submitted to the Director. The Director may request any other plans and materials necessary to assess the potential impacts of the proposed temporary use. B. Director. The Director shall act on temporary uses held for t ri7 ee or fewer consecutive days that do not include live entertainment. The Director shall approve, approve with conditions, or deny a complete application within a reasonable time. No notice or public hearing shall be required for uses which are held for 3 or fewer consecutive days. Such uses shall be approved with a temporary activity permit. 13C. Duties of the Zoning Administrator. The Zoning Administrator shall act on temporary uses held for more than three days or that include live entertainment. The Zoning Administrator shall approve, approve with conditions, or deny a complete application within a reasonable time. N „otiee , „blie hearing shall be required f e whieh are held f 3or-",er-eenseetttive days. GD. Required Findings. The application shall be approved as submitted, or in modified form, if the Director or Zoning Administrator finds: I. That the proposed temporary use will be located, operated and maintained in a manner consistent with the policies of the General Plan, and if located within the coastal zone, consistent with the policies of the Local Coastal Program, and the provisions of this chapter; and (3334) 2. That approval of the application will not be detrimental to property or improvements in the surrounding area or to the public health, safety or general welfare. legisdrft-zoning code:.241 LDi'1112.101 4 s DE. Conditions of Approval. In approving a temporary use permit, the Director Or the Zoning Administrator may impose reasonable conditions necessary to: 1. To be consistent with the General Plan and in the coastal zone to be consistent with the Local Coastal Program; (3334) 2. Protect the public health, safety, and general welfare; or 3. Ensure operation and maintenance of the temporary use in a manner compatible with existing uses on adjoining properties and in the surrounding area. BF. Bond for Temporary. A $500 cash bond shall be required to guarantee removal of any structure, clean up of site upon termination of the temporary use, and to guarantee maintenance of the property. A $1,000 cash bond shall be required for a subdivision sales office and each model home to guarantee compliance with all provisions of Titles 17 and 20 through 25. FG. Effective Date; Duration; Appeals. An approved temporary(conditional) use permit shall be effective 10 days after the date of its approval, unless appealed in accord with Chapter 248. The permit shall be valid for a specified time period not to exceed 30 days unless a longer period is granted by the Zoning Administrator. A temporary use permit shall lapse if not used within the dates approved and may be revoked by the Zoning Administrator effective immediately upon verbal or written notice for violation of the terms of the permit. Verbal notice shall be confirmed by written notice mailed to the permit holder within 48 hours. The Zoning Administrator may approve changes in a temporary use permit. 241.22 Waiver of Development Standards A. Standards Which Can be Waived. The Director may waive development standards for setbacks, open space, separation between buildings, height of buildings or fences, site coverage and landscaping without a conditional use permit Or a variance, only if he finds that such a waiver improves project design and does not exceed 10 percent deviation. No other standards shall be subject to this waiver provision. B. Time Limit. A waiver shall become null and void six months after date of approval. C. Extensions. A waiver shall not be extended for more than one year unless the applicant demonstrates that no circumstances relevant to the approval of the waiver, including other development in the neighborhood, have changed from the time of approval. D. Limitations. A waiver may not be granted if the waiver would in any way degrade the environment or result in any changes to classification of land use or to height or density. Also, projects not otherwise subject to discretionary review (i.e., conditional use permit, variance, coastal development permit, or subdivision approval) may not apply for waiver. E. Decisions and Appeals. The Director's decision may be appealed in accord with Chapter 248. The Director's decision shall be distributed to the City Council, Planning Commission, and Zoning Administrator within 48 hours of such decision. legisdrfvzoning code/241 LD-i 1 i8101 5 Ordinance No. 3S� LEGISLATIVE DRAFT Chapter 244 Design Review Sections: 244.02 Applicability 244.04 Duties of the Design Review Board 244.06 Scope of Review 244.08 Required Plans and Materials 244.02 Applicability Design review is required for projects in redevelopment areas, areas subject to specific plans, areas designated by the City Council, and fer projects abutting or adjoining PS districts and sign code exceptions pursuant to Section 233.04. 244.04 Duties of the Design Review Board The Design Review Board shall assist the Director, Planning Commission and Zoning Administrator in reviewing development plans and architectural drawings within designated geographic areas of the City and to undertake such other review and approval as provided by this code. A. Organization. The Board shall consist of five members appointed by and responsible to the City Council. The membership shall consist of the following: 1. Two (2) At-large members, consisting of current City residents chosen by the City Council. Alternate City residents may be designated by the City Council. 2. One (1) current Planning Commissioner chosen by the Planning Commission. An alternate Commissioner may be designated by the Planning Commission. 3. The Director of his/her designee. 4. The Public Works Director or his/her designee. B. Terms of Office. 1. At-large Members. The term of office for At-large members shall be our (4) years, except as hereinafter provided. One At-large member shall be appointed in 1994, and each fourth year thereafter. One At-large legisdrft/zoning code/244LD/11/2/01 1 250.14 Map Requirements A. Tentative and Final Map. A tentative and final map shall be required for all subdivisions creating five or more parcels, five or more condominiums as defined in Section 783 of the Civic Code, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units. Exceptions as stated in Section 66426 of the Subdivision Map Act shall comply with Subsection B. B. Tentative and Parcel Map. A tentative and parcel map shall be required for all divisions of land into four or fewer parcels and exceptions stated in Section 66426 of the Subdivision Map Act. However parcel maps shall not be required for: 1. Subdivisions of a portion of the operating right-of-way of a railroad corporation,which are created by short-term leases terminable by either party on not more than 30 days'notice in writing. 2. Land conveyed to or from a governmental agency,public entity or public utility, or for land conveyed to a subsidiary of a public utility for conveyance to such public utility for rights-of-way,unless a showing is made by the Department in individual cases, upon substantial evidence, that public policy necessitates a parcel map. If a parcel map is not required, the dedication or offer must be indicated by a separate instrument. 3. Lot line adjustments,provided: a. No additional parcels or building sites are created; b. The resulting parcels conform to Titles 20-24 (Zoning) of this Code; C. The lot line adjustment shall not sever any existing structure on either of the two parcels. d. The lot line adjustment shall not allow a greater number of dwelling units than allowed prior to the adjustment. e. The lot line adjustment is approved by the Director or by the Planning Commission on appeal; and f. A plat map showing the lot line adjustment is prepared, approved, and filed in accord with the provisions of Section 253.24. 4. Parcel maps waived by the Zoning Administrator as provided by Section 251.20. C. Designation of Remainder Parcel. When a subdivision includes a remainder parcel as provided in Section 66424.6 of the Subdivision Map Act,the remainder parcel shall be in conformance with Titles 20-24 and shall require a Certificate of Compliance as provided by Section 258.06. legisddVzoning code/250LD/11/2/01 6 Ordinance No.3,,.3/ LEGISLATIVE DRAFT C a !er 257 Me la`s Sections: 257.02 Mergers Required 257.04 Notice of Intention to Determine Status 257.06 Hearing on Determination of Status 257.08 Determination of Merger 257.10 Appeals 257.12 Determination when No Hearing Is Requested 257.14 Request to Merge by Property Owner 257.16 Request for Determination by Owner 257.18 Unmerged Lots 257.02 Mergers Required Two or more contiguous parcels held by the same owner shall be merged if one of the parcels does not conform to the minimum lot size required by Titles 20-24 (Zoning) of this Code, and if all the following requirements are satisfied: A. At least one of the affected parcels is undeveloped by any structure for which a building permit was issued, or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel. B. With respect to any affected parcel, one or more of the following conditions exists: 1. Comprises less than 5,000 square feet in area at the time of the determination of merger; 2. Was not created in compliance with applicable laws and ordinances in effect at the time of its creation; 3. Does not meet current standards for sewage disposal and domestic water supply; 4. Does not meet slope stability standards; 5. Has no legal access which is adequate for vehicular and safety equipment access and maneuverability; 6. Will create health or safety hazards if developed; or OlAegisdrf/zoning code/257LD/11/2/01 1 7. Is inconsistent with the General Plan and any applicable specific plan, other than minimum lot size or density standards. C. For purposes of determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date that the Notice of Intention to Determine Status is recorded pursuant to this chapter. D. Subsection(B) shall not apply if any of the conditions stated in Section 66451.11(b)(A), (B), (C), (D) or(E) of the Subdivision Map Act exist. 257.04 Notice of Intention to Determine Status Prior to recording a Notice of Merger, the Director shall mail, by certified mail, a Notice of Intention to Determine Status to the current record owner of the property. The notice shall state that the affected parcels may be merged pursuant to this chapter and that, within 30 days from the date the Notice of Intention was recorded, the owner may request a hearing before the Zoning Administrate Director to present evidence that the property does not meet the criteria for merger. The Notice of Intention to Determine Status shall be filed for record with the County Recorder by the Director on the same day that the notice is mailed to the property owner. 257.06 Hearing on Determination of Status The owner of the affected property may file a written request for a hearing with the Director within 30 days after recording of the Notice of Intention to Determine Status. Upon receipt of the request, the Director shall set a time, date and place for a hearing before the Director and notify the owner by certified mail. The hearing shall be conducted within 60 days following the receipt of the owner's request, or may be postponed or continued by mutual consent of the Zoning Administr Director and the property owner. At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the requirements for merger specified in this chapter. At the conclusion of the hearing, the Zoning Administrate Director shall determine whether the affected parcels are to be merged or are not to be merged and shall notify the owner of the determination. Such notification shall be mailed to the property owner by the Director within five days of the date of the hearing. 257.08 Determination of Merger If the Zoning Administrate Director makes a determination that the parcels are to be merged, a Notice of Merger shall be filed for record with the County Recorder by the Director within 30 days of the conclusion of the hearing, unless the decision has been appealed pursuant to Section 257.10. The Notice of Merger shall specify the name of the record owner and a description of the property. If the Zoning Administra4o Director makes a determination that the parcels shall not be merged, a release of the Notice of Intention to Determine Status shall be filed for record with the County Recorder b�the Diree-to Planning Department within 30 days after the ' Director s determination and a clearance letter shall be mailed to the owner by the Director. 257.10 Appeals The determination of the Zoning Administrate Director may be appealed to the Planning Commission in accordance with Chapter 248, provided that the appeal shall be filed within 10 calendar days of the date of mailing of the Notice of Determination and the Planning Commission Ol legisdrfUzoning code%257LD 11!2%O1 2 .s shall hear the appeal within 60 days from the date of appeal. If, after this hearing, the Planning Commission grants the appeal and determines that the affected property has not been merged pursuant to this chapter, the Director shall, within 30 days after the Planning Commission determination, file with the County Recorder a release of the Notice of Intention to Determine Status and mail a clearance letter to the owner. 257.12 Determination When No Hearing Is Requested If the owner does not file a request for a hearing within 30 days after the recording of the Notice of Intention to Determine Status, the Director may, at any time thereafter, make a determination that the parcels are or are not to be merged. If they are to be merged, a Notice of Merger shall be filed for record with the County Recorder by the Director within 90 days after the mailing of the Notice of Intention to Determine Status pursuant to Section 257.04. 257.14 Request to Merge by Property Owner If the merger of contiguous parcels is initiated by the property owner, the owner may waive the right to a hearing before the Zoning Administrator and to all notices required by this chapter. Upon signing the waiver, the Director shall simultaneously file for record with the County Recorder a Notice of Intention to Determine Status, a waiver of right of hearing and notice, and a Notice of Merger. The owner may apply for merger pursuant to Chapter 256. When two or more contiguous parcels are developed and used as one residential site, the property owner shall at the time of remodel or expansion initiate a merger request. The Director may approve the merger and cause to be recorded a Covenant to Hold as One Parcel provided no public improvements or dedications are required. 257.16 Request for Determination by Owner Upon written application made by the owner to the Director, the Director shall make a determination that the affected parcels have merged or are to be merged. If the Director determines that the parcels have not merged, the owner shall be so notified by the Director. If the Director determines that the parcels were merged but that they meet the conditions for unmerger in Section 257.18, a Notice of Status shall be issued to the owner and filed for record with the County Recorder by the Director. The Notice of Status shall identify each parcel and declare that they are unmerged pursuant to this chapter. If the Zoning Administrato Director determines that the parcels were merged but do not meet the conditions for unmerger in Section 257.18, a Notice of Merger specifying the record owner and description of the parcel shall be issued to the owner and filed for record with the County Recorder by the Director. The owner may appeal the decision of the Zoning Administfate Director to the Planning Commission in accordance with Chapter 248,provided that the appeal must be filed within 10 calendar days of the date of the mailing of the Notice of Merger. The Planning Commission shall hear the appeal within 60 days from the date of appeal. 257.18 Unmerged Lots Any parcels that were merged under the provisions of any law prior to January 1, 1984, but for which a Notice of Merger was not recorded on or before January 1, 1986, shall remain unmerged until such time as the parcels have been lawfully merged by subsequent proceedings initiated by the City that meet the requirements of this chapter. 01 leVsdrft'zoning code/257LD/11i2101 3 ORDINANCE NO. 3-5'3;2- LEGISLATIVE DRAFT 4.4 DISTRICT#2: RESIDENTIAL Purpose. This District allows residential development exclusively. While allowing higher densities, the District employs graduated height limits and proportional setback requirements to keep the scale of new developments compatible with the existing residential neighborhood. Boundaries. District#2 includes the first block along PCH to Walnut Avenue between Goldenwest Street and 6th Streets except for the area included in District#1. 4.4.01 Permitted Uses. The following residential uses may be allowed in District No. 2: For example: (a) Single Family Detached Dwellings which comply with the development standards of District 2 may be allowed subject to approval of the Design Revi w Beard by the Director. All standards within the Downtown Specific Plan, District 2 shall apply to the construction of single-unit dwellings, except as specifically identified below(Resolution No. 5760): (1) Parking requirements shall be as required for single-unit dwellings for the Oldtown/Townlot areas in Article 960. (2) Open space requirements shall be as required for the Oldtown/Townlot areas in Article 913. (3) Maximum building height shall be thirty(30) feet for main dwellings and fifteen(15) feet for detached accessory buildings. In addition, the maximum building height shall be twenty-two (22) feet within twenty-five (25) feet of the front property line. (4) Minimum parcel size shall be as stated in Article 913. (5) The requirements of Section 9130.13 shall apply, including single-unit dwelling design standards. (b) Multi-family housing, apartments, condominiums, single family detached dwellings that do not comply with Subsection (a) above, and stock-cooperatives subject to the approval of a Conditional Use Permit. 4.4.02 Minimum Parcel Size. The minimum parcel size for development shall be twenty-five (25) feet of frontage and 2,500 square foot net size area. 4.4.03 Maximum Density/Intensity. The maximum allowable number of residential dwelling units (du) shall increase as the parcel size increases according to the following: Lot Size (Frontage) Maximum Allowable Density less than 50' 1 du 50' 4 du 51'up to full block ldu/1,452 sq. ft. of net lot area or 30 units per net acre jmp/planning/legis drft 4-4/11/8/01 ORDINANCE NO. 3 J 2- LEGISLATIVE DRAFT 4.6 DISTRICT#4: MIXED-USE: OFFICE RESIDENTIAL Pu ose. This District flanks the Downtown core area, separating the area along Main Street from the outlying areas which are primarily residential. The purpose of this District is to provide a transition zone between the existing residential areas to the commercial Main Street corridor. Consequently,mixes of office and residential uses are permitted. Boundaries. District#4 includes the half-blocks on the northwest side of the Main Street core area from 6th Street to the alley between 6th and 5th Streets; and from the alley between 3rd and 2nd Streets to the alley between 2nd and First Streets,between Walnut and Orange Avenues. 4.6.01 Permitted Uses. (a) The following list of principal uses in District No. 4 may be allowed. Other office- residential related uses not specified herein may be allowed subject to the approval of the Director. Change of use shall be subject to the approval of the Director. For example: • Office Use - professional, general business and non-profit offices. • Outdoor dining pursuant to S.4.2.33 • Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach Municipal Code. • Commercial Use - Commercial uses which are integrated within and clearly incidental to an office use, shall be permitted provided that it cumulatively does not exceed ten (10)percent of total gross floor areas of the development. Note: Single Family Detached dwellings which comply with the development standards in District#4 shall be subject to the approval by the Director in lieu of a conditional use permit (b) The following list of uses and any new construction, or change of such use in District No. 4 may be allowed subject to approval of a Conditional Use Permit. For example: Residential Use -multi-family housing, apartments, condominiums and stock cooperatives. Mixed-Use - Mixed Residential/Office Use developments shall be permitted provided that residential uses: Be segregated to separate structure or restricted to the second story or above; Not occupy any portion of the same story with non-residential uses, unless they are provided with adequate physical and acoustical separation; Be on contiguous floors within a single structure; Be provided with separate pedestrian ingress and egress; jmp/planning!legis drft 4-6/1 L!8 01 ORDINANCE NO. LEGISLATIVE DRAFT 4.8 DISTRICT #6: MIXED USE; COMMERCIAL/OFFICE/RESIDENTIAL Purpose. This District encompasses the area north of the Downtown core and includes the public library. It is intended to provide a location for neighborhood commercial enterprises to serve surrounding residents, as well as office space, public facilities and residential uses. This mixed use node will anchor the inland end of the Main/Pier corridor. Boundaries. District#6 consists of the blocks located between Sixth Street and Lake Street from Orange Avenue to Palm Avenue. 4.8.01 Permitted Uses. (a) The following list of uses which establishes new neighborhood commercial uses and which cater to year round residents in District No. 6 may be allowed. Other commercial/office/residential related uses not specified herein may be allowed subject to the approval of the Director. Change of use shall be subject to the approval of the Director. For Example: Antique stores Art Gallery Bakeries Banks Barber, beauty, manicure shops Bicycle sales, rental and repair Bookstores Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach Municipal Code Clothing stores Delicatessens Drug stores Dry cleaning Florists Glass shops Groceries Hardware stores Ice House Laundromats, laundries Newspaper and magazine stores Newsstands Offices Outdoor dining pursuant to S.4.2.33 Photographic equipment sales Photographic processing Photographic studios Public facilities Shoe repair Shoe stores Sporting goods Tailor shops jmp/planning%legis drft 4-8'11 8%01 1 �32 Travel agency Undertakers (b) The following list of uses and any new construction, or change of such use in District No. 6 may be allowed subject to approval of a Conditional Use Permit. For example: Dancing and/or live entertainment Health and sports clubs Liquor stores Permanent parking lots and parking structures Residential Uses Restaurants (c) Residential uses are allowed in conjunction with commercial uses and/or separate from commercial uses in this district subject to conditional use permit. Single family dwellings are subject to the Deli .,, Review Board" s Director approval. (d) The frontage on 3rd and Lake Streets between Orange and Palm Avenues may be residential. 4.8.02 Minimum Parcel Size. The minimum parcel size for development shall be two thousand five hundred (2,500) square feet and twenty-five (25) feet of frontage. Existing parcels greater than twenty-five (25) feet in width shall not be subdivided to create 2,500 square foot lots. 4.8.03 Maximum Density/Intensity. The maximum intensity of development shall be calculated by floor area ratio (FAR) for this District. The floor area ratio shall apply to the entire project area. Floor area ratios shall be calculated on net acreage. (a) The maximum allowable number of residential dwelling units shall be 1 du/1,742 square feet net lot area or twenty-five (25) units per net acre. (b) Lot Size Maximum FAR Less than half-block 1.5 Half-block or greater 2.0 4.8.04 Maximum Building Height. The maximum building height shall be as follows: Lot Size (Frontage) Height less than 100' 2 stories/30 feet 100' up to but less than 3 stories/35 feet a full block full block 4 stories/45 feet 4.8.05 Maximum Site Coverage. No maximum site coverage shall be required in this District. 4.8.06 Setback (Front Yard). The minimum front yard setback for all structures exceeding forty- two (42) inches in height shall be fifteen (15) feet; Exception: Parcels fronting on Fifth and Third Streets may be reduced to five (5) feet and parcels fronting on Main Street must build to within (5) feet of the property line. jmp/planning/leeis drft 4-8/11/8/01 2 ATTACHMENT 2 STAFF RECOMMENDATION SUGGESTED FINDINGS ZONING TEXT AMENDMENT NO. 01/04 SUGGESTED FINDINGS FOR APPROVAL—ZONING TEXT AMENDMENT NO. 01-04: 1. Zoning Text Amendment No. 01-04 to amend certain sections of the Zoning and Subdivision Ordinance is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan because the amendments streamline entitlement processing for certain uses thereby furthering the City's development goals. 3. 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 revises processing of entitlements and clarifies permitted uses within the zoning classifications. 4. A business community need is demonstrated for the change. The need for reduced processing time is desired by the business community and supported by the Chamber of Commerce. 5. Its adoption will be in conformity with public convenience, general welfare and good zoning practice by codifying existing policies and creating a zoning and subdivision ordinance more reflective of City priorities. 6. The inclusion of more discretionary permits is of great benefit to the business community by expanding on the number of projects that could be reviewed at a reduced processing time. (01 sr44)- 10/9/01 Attachment No. 1.1 ATTACHMENT 3 0j CITY OF HUNTINGTON BEACH a IL Planning Department Communication TO: Planning Commission FROM: Howard Zelefsky, Planning Director SUBJECT: ZONING TEXT AMENDMENT NO. 01-04 (PERMIT STREAMLINING) DATE: November 20, 2001 On November 19, 2001, Zoning Text Amendment No. 01-04 was presented to the City Council. The City Council approved the ordinance in concept and included twelve additional items that were not reviewed by the Planning Commission. Attached is a comprehensive list of conditional use permits with their current and City Council approved level of review. Uses to be changed are shaded. Those items with an asterisk preceding the use were presented to the City Council and not reviewed by the Planning Commission. The City Council approved the zoning text amendment to include the Planning Commission's recommendation to provide notice to adjacent property owners in a manner similar to the City's Infill Ordinance. • Eating and Drinking Establishments (if no alcohol sales or drive-thru and less than 300 ft from residential) • Eating and Drinking Establishments with alcohol (beer &wine- including liquor) • Live Entertainment (non-amplified music only greater than 300 feet from residential) • Outdoor Dining (less than 400 sq. ft. permitted) • Personal Enrichment (less than 2,500 square feet or less permitted) • Sign Code Exceptions (less than 10% deviation permitted) The staff welcomes the Planning Commission's comments on this item and will include all suggestions or recommendations consistent with the City Council's direction. This item is tentatively scheduled for the December 17, 2001 City Council meeting. Attachment: City Council approved CUP Matrix c: City Council Ray Silver, City Administrator Scott Hess, Principal Planner Herb Fauland, Senior Planner (GAmede1NZS0lpcmemo) ICA ATTACHMENT 47] • Huntington Beach Planning Commission P.C. BOX 990 CALIFORNIA 32848 TO: Honorable Mayor and City Council /'',I/ FROM: Chairperson and Planning Commissiou-I SUBJECT: ZONING TEXT AMENDMENT NO. 01-04/STREAMLINING APPLICATIONS DATE: November 28, 2001 For many years the City Council has established a policy of open, participating government. Public Comments as the first item on the agenda is an example. Citizen's involvement in commissions, boards and committees is another example. When the Planning Staff submitted recommended changes in the approval process for applications, the Planning Commission supported the concept of streamlining the process. The Commission reviewed the entire Ordinance Code questioning whether each change supported the City Council's policy of open government and protected the property rights of the applicant, and the property rights of owners of property adjacent to the applicant's property. Based on extensive study, staff assistance and open public hearings, the Planning Commission took action and submitted a recommendation to the City Council. The Commission was shocked when at the November 19, 2001 City Council meeting, Planning staff submitted thirteen (13) additional items to the list the Commission had submitted. This action circumvented established City Council and Planning Commission policy. The Planning Commission conducted a study session and reviewed the additional items at their regularly scheduled meeting of November 27, 2001. The Commission is now able to submit recommendations on the thirteen (13) items coming for a final vote at the City Council's December 17, 2001 meeting. PLANNING COMMISSION ACTION The Planning Commission unanimously approved the 13 additional items suggested by the Planning Department to the City Council as part of Zoning Text Amendment No. 01-04 after including a limited public notification for the following items adopted by the City Council on November 19, 2001: • Carts and Kiosks(on private commercial property, not in Downtown), (L) Allow with ten day notification to adjoining property owners and tenants. • Day Care, Large Family (7-12 children maximum/commercial zones), (L ) Allow with ten day notification to adjoining property owners and tenants if> 300 ft. from R, PS zones; ZA if< 300 ft. from R, PS zones. The City Council may wish to reconsider its previous action to include these two changes. WPlanning CommissionlZTA 01-04 PERMIT STREAMLINING-CONDITIONAL USE PERMITS TYPE OF USE CURRENT REVIEW COUNCIL * PC-$3,430 ZA$1,105 APPROVED *Additions to nonconforming structures at PC ZA existing nonconforming yard setbacks(RL, Rm,RMH,RH zones) Ambulance Services (CG, IL zones) ZA Animal Boarding CG IG IL zones PC ZA Animal Hospitals CG,IG,IL zones PC ZA Automobile Washing(attended) (CG zone) ZA Automobile Washing(unattended) (CG zone) ZA * Banks and Savings&Loans with Drive-Up ZA P Service(CO, CG, CV zones Bed&Breakfast Inns (CO, CG, CV zones) PC *Carts and Kiosks(on private commercial ZA P property- not in Downtown Clubs&Lodges (not in RL or RMzones) ZA Commercial Filming(IG,IL zones) ZA P Commercial Parking Facilities (CG zone) PC Commercial Recreation and Entertainment PC (CG, CV zones) Community and Human Services (CO, CG PC zones) Condo Conversions (four to nine units-Res ZA zones) Condo Conversions (ten or more--Res zones) PC Convalescent Facilities CO, CG zones) PC Cultural Institutions (CO, CG, CV, PSzones) PC Day Care, Large Family (7-12 children max.- ZA Res zones) *Day Care,Large Family(7-12 children PC (>2,500 sq. ft.) P max. —commercial zones) ZA <2 500 sq, ft. Day Care, General (13 +children—Res. Zones) ZA PC(if in RL zone) *Day Care,General(13+children—IG,IL PC ZA zones Development of vacant land or initial ZA construction of buildings (CO, CG, CV, IG, IL zones) Drug Abuse Centers (CG zone) PC Eating& Drinking Establishments with live PC ZA(Amplified) entertainment CG,IG,IL zones L Non-Am liflied Eating & Drinking Establishments with live PC entertainment and dancing CG, IG, IL zones) Eating & Drinking Establishments with P(>300 ft.from R,PS zones) L(>300 ft.from R,PS Alcohol Sales including liquor (CO, CG, Cf ZA(<300 t1.from R,PS zones) zones) zones) ZA(<300 ft.from R,PS zones) *Eating&Drinking Establishments with P (>300 ft from R, PS, L(>300 ft.from R,PS Alcohol Sales excluding liquor(beer&wine zones) zones) only)(CG, CV zones) ZA(<300 ft.from R,PS ZA(<300 ft.from R, zones) PS zones) PC=Planning Commission ZA=Zoning Administrator L=Allowed with ten day notification to adjoining property owners and tenants P=Permitted 1 PERMIT STREAMLINING-CONDITIONAL USE PERMITS TYPE OF USE CURRENT REVIEW COUNCIL *PC-$3,430 ZA$ 1,105 APPROVED Eating&Drinking Establishments P(under 12 seats) L L<300 ft. from res.) Commercial zones ZA over 12 seats P >300 ft.from res. Eating&Drinking Establishments(IG, IL PC ZA zones Outdoor Dining in conjunction with Eating ZA ZA(>400 sq.ft.) &Drinking Establishments(CO, CG, CV P(<400 sq.ft.) zones Emergency Health Care (CO, CG zones) PC (>2,500 sq. ft.) ZA(<2,500 sq. ft. Emergency Kitchens/Shelters (CG zone) ZA(<2,500 sq. ft.) Equestrian Centers (CG zone) PC Food&Beverage Sales(IL zone) PC ZA Funeral & Internment Services (CG zone) ZA Group Residential (RL, CO, CG, CV and IG PC zones) Heliports(CO,CG, CV zones) PC Hospitals(CO, CG, CV zones) PC Hotels, Motels, Timeshares CG, CV zones) PC *Industrial Custom—small scale facilities ZA P (CG CV zones Lot Line Adjustments CG CVzone ZA P Major Utilities RL, CO, CG, CV, IG zones) PC Minor Utilities RL, CO, CG, CV, IG zones) PC Manufactured Home Parks (RL zone) ZA Marina(OS zone) PC *Model Homes(Residential zones with ZA P approved subdivision) Multifamily Residential (10 or more units) (RL, PC CV zones) Multifamily Residential (5-9 units) (RL, CV ZA(RL zone) zones) PC (CV zone) Non-City Government Offices (PS zone) PC Non-City Maintenance & Service Facilities (CV PC zone) Non-City Vehicle/Equipment Sales and Service ZA (CG zone) Nurseries CG zone ZA Park & Recreation Facilities (OS-PR, OS-S, PC OS-WR zones) Park & Recreation Commercial Facilities (CO, ZA CG, CV zones) Pawn Shops(CG zone) ZA Personal Enrichment Services(CO, CG, IG, PC (>2,500 sq. ft.) ZA(>2,500 SQ. FT.) IL zones) ZA <2,500 sq,ft. L(< 2,500 sq.ft.) Pet Cemetery (CG zone) PC PC=Planning Commission ZA=Zoning Administrator L=Allowed with ten day notification to adjoining property owners and tenants P=Permitted 2 PERMIT STREAMLINING-CONDITIONAL USE PERMITS TYPE OF USE CURRENT REVIEW COUNCIL *PC-$3,430 ZA$1,105 APPROVED *Primary Health Care(CO,CG zones) PC(>2,500 sq. ft.) ZA(>2,500 sq. ft.) ZA <2,500 sq.ft. P <2,500 sq.ft. Privacy Gates ZA P Public Safety Facilities (RL, CO, CG, CV PC zones) Religious Assembly(CO, CG zones) PC ZA * Religious Assembly(if the primary use m PC ZA an IG, IL zone Religious Assembly (if.secondary use in an IG. ZA IL zone) Research & Development Services exceeding ZA 2,500 sq. ft. in a CO zone (for any size in CG zone) Residential Alcohol Recovery, General PC (CG zone) Residential Care, General (RL, CO, CG zones) PC Residential Hotel (CG, CV zone.~) PC Schools(with higher educational curriculums) PC (IG, IL zones) Schools, Public or Private (RL, CO, CG zones) PC Service Stations (CG, CV, IG, IL zones) PC Single Room Occupancy (CG, CV zones) PC Swap Meets, indoor/Flea Markets (CG, IG, Il PC zones) Seasonal/Temporary Parking Lots ZA Tattoo Establishments CG zone) PC *Vehicle Repair Limited CG zone PC ZA Vehicle Equip. Sales&Rentals(CG zone) PC ZA * Vehicle Equip. Sale&Rentals(existing PC P facility proposing to expand up to 20% *Vehicle Equip. Sales&Rentals CO zone N/A ZA Vehicle Sales& Service(PS zone) PC Vehicle Storage IL zone) ZA Visitor Accommodations IG, IL zones) PC Warehouse and Sales Outlets(IG, IL zones) PC Wetlands Maintenance, dredging, nature studies PC (OS-PR zone) Wireless Communication Facilities ZA 3d Story Height Increase or Decks (RL zones) ZA PC=Planning Commission ZA=Zoning Administrator L=Allowed with ten day notification to adjoining property owners and tenants P=Permitted 3 PERMIT STREAMLINING DEVELOPMENT STANDARDS—PROPOSED AMENDMENTS USE/STANDARD CURRENT COUNCIL REVIEW APPROVED Fencing along arterials over six (6) feet high with ZA P(Permitted) approval of Building Permit Parking reduction from the total number of PC/ZA AP(Administrative required spaces Permit) For sites<50 parking spaces: up to 5 reduction. For sites exceeding 50 parking spaces: up to 10% reduction if substantial landscaping improvement. Planned Sign Programs DRB AP Sign Code Exceptions ZA(any deviation in L(< 10%) standards) DRB(if no design guidelines) Temporary Use Permits ZA ZA (>48 hours) (> 72 hours) Waiver of Development Standards AP AP (< 10%deviation for (adds< 10% deviation setbacks, open space and for height of buildings or landscaping) fences, site coverage and building separation) Lot Mergers ZA AP Downtown SP 5, Single Family Homes DRB AP P=Permitted AP=Administrative Permit L=Allowed with ten day notification to adjoining property owners and tenants ZA=Zoning Administrator 207 CONDITIONAL USE PERMITS (1999-2001) PC ZA Permitted Total Total Fees CUP'S CUP'S No Fee Collected Current Code 58 149 - 207 $ 293,890 Proposed 41 151 15 207 $ 247,430 Text Amendment 4 ATTACHMENT 5 Council/Agency Meeting Held: Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied "City Cler ' Signat"Pt- 000 Council Meeting Date' NoNo mTer 19, 2001 Department ID Number: PL01-04 CITY OF HUNTINGTON BEACH ova ✓�" � REQUEST FOR ACTIONy: SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator�� G PREPARED BY: HOWARD ZELEFSKY, Director of Planning C`� =� , SUBJECT: APPROVE ZONING TEXT AMENDMENT NO. 01-04 (ENTITLEMENT PERMIT STREAMLINING). Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Transmitted for City Council review is Zoning Text Amendment No. 01-04 an amendment by the City of Huntington Beach to streamline the entitlement process, decrease processing time, create cost-savings for applicants, and most importantly improve customer service by allowing the review of a project by the lower hearing body. The Zoning Administrator would review certain applications currently heard by the Planning Commission and the Director of Planning would be given more discretionary approval. The Planning Commission approved the project and is recommending approval (Recommended Action - A) but recommends notification for five permit items that staff proposed to be approved without hearings or notification because the Planning Commission considers these items potentially controversial. Staff believes that the streamlining process should go further to assist the business and residential communities by including more discretionary permits for streamlining and does not support the additional notification. Staff recommends the City Council approve the amendments in concept(Recommended Action - B) and direct staff to prepare a revised ordinance expanding the list of proposed amendments for City Council action. o c 0 Funding Source: Not applicable. C� W = O n D REQUEST FOR ACTION MEETING DATE: November 19, 2001 DEPARTMENT ID NUMBER: PL01-04 Recommended Action: A. PLANNING GGMMIMGN DAT-!0U. -MOUGA404 044i#94n dogs-foT-appr4vaI TTACkH ENTIN.O. .2},and-adopt-9rd' e ��.� -{ATTACHMENT NO:-1)." Planning Commission Action on October 9, 2001: THE MOTION MADE BY KERINS, SECONDED BY SHOMAKER, TO APPROVE ZONING TEXT AMENDMENT NO. 01-04, AND FORWARD TO CITY COUNCIL WITH FINDINGS FOR APPROVAL (ATTACHMENT NO. 2) CARRIED BY THE FOLLOWING VOTE: AYES: SHOMAKER, LIVENGOOD, MANDIC, HARDY, KERINS, KOKAL NOES: BORDEN ABSENT: NONE ABSTAIN: NONE MOTION PASSED B. STAFF RECOMMENDATION Motion to: "Approve Zoning Text Amendment No. 01-04 in concept with findings for approval (ATTACHMENT NO. 3) and direct staff to prepare revised ordinances and return to City Council for the first reading." RpRtj f� — 51e�- ✓ qF4) gc�jdJ $—q-0 S 10-12, Alternative Action(s): The City Council may make the following alternative motion(s): 1. "Deny Zoning Text Amendment No. 01-04 with findings." 2. "Continue Zoning Text Amendment No. 01-04 and direct staff accordingly." PL01-34 -2- 11/14/2001 9:54 AM I REQUEST FOR ACTION MEETING DATE: November 19, 2001 DEPARTMENT ID NUMBER: PL01-04 Analysis: A. PROJECT PROPOSAL: Applicant: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 Location: Citywide Zoning Text Amendment No. 01-04 is an amendment to the Huntington Beach Zoning and Subdivision Ordinance to streamline the entitlement process. The recommended items for streamlining are those that typically are approved without controversy and/or would not necessitate the preparation of a Planning Commission staff report, and could be adequately handled at the Zoning Administrator or Director level. The Zoning Text Amendment codifies existing polices and direction from the City Council in addition to clarifying certain sections of the HBZSO. The thirteen chapters and three sections of the Downtown Specific Plan that will be modified by this action are listed below; one additional chapter(underlined) is recommended by staff to expand the list as part of this streamlining proposal. ➢ Chapter 203 Definitions ➢ Chapter 204 Use Classifications ➢ Chapter 211 Commercial Districts ➢ Chapter 212 Industrial Districts ➢ Chapter 214 Public-Semipublic Districts ➢ Chapter 230 Site Standards ➢ Chapter 231 Off-Street Parking ➢ Chapter 233 Signs ➢ Chapter 236 Nonconforming Uses and Structures ➢ Chapter 241 Conditional Use Permits and Variances; Temporary Use Permits; Waiver of Development Standards ➢ Chapter 244 Design Review ➢ Chapter 250 General Provisions ➢ Chapter 257 Mergers ➢ SP 5 Downtown Specific Plan Districts 2,4 and 6 B. PLANNING COMMISSION MEETING AND RECOMMENDATION: On October 9, 2001, the Planning Commission held a public hearing to discuss Zoning Text Amendment No. 01-04. One person spoke in favor of the recommended changes as proposed. The Planning Commission discussed the legislative draft and voted to recommend approval of the ordinance as presented by Staff to the City Council for adoption with modifications. PL01-34 -3- 11/13/2001 3:00 PM REQUEST FOR ACTION MEETING DATE: November 19, 2001 DEPARTMENT ID NUMBER: PL01-04 The Planning Commission is recommending that five of the uses changing from conditional ? use permit approval to Director approval (permitted use) require a minimum 10 day noticing to adjoining property owners, similar to the City's infill ordinance notification requirements. The five items are: • Eating and Drinking Establishments (greater than 300' from residential) • Live Entertainment (non-amplified only) • Outdoor Dining (less than 400 sq. ft. in area) • Personal Enrichment • Sign Code Exceptions (less than 10% deviation) The ordinance attached reflects the Planning Commission's action. C. STAFF ANALYSIS AND RECOMMENDATION: Zoning Text Amendment No. 01-04 was initiated to improve customer service. The proposed changes accomplish this objective by streamlining entitlement processes and codifying existing policies. Streamlining reduces processing time and fees by allowing entitlement requests to be heard by a lower hearing body, e.g., Zoning Administrator instead of Planning Commission. Codification of existing policies facilitates processing by providing clear direction on processes and requirements. The analysis below reviews the proposed amendments in the context of improving customer service while continuing to insure that existing residents and businesses are considered and protected via adequate review and noticing. ,The entitlement streamlining items recommended by the Planning Commission and supported by staff are analyzed in the attached Planning Commission report (Attachment No. 4). In general, they include reducing the number of conditional use permits required to be heard by the Planning Commission and the Zoning Administrator (ZA), increasing the number of variances that may be acted on by the ZA, changing criteria that trigger the need for an entitlement, and reducing the number of items that require Design Review Board action. The majority of the changes affect conditional use permits. Since the Planning Commission meeting, staff has identified 10 other conditional use permit items that are recommended for permit streamlining: banks with drive-up windows, bonafide restaurants with beer and wine sales, carts and kiosks, day care general, industrial custom, model homes, and primary health care. Because of the number of additional items recommended for the zoning text amendment, staff is recommending that City Council approve the list of additional items in concept only. Staff will return to City Council with an updated legislative draft incorporating the additional items to Zoning Text Amendment No. 01-04. PL01-34 -4- 11/13/2001 3:00 PM REQUEST FOR ACTION MEETING DATE: November 19, 2001 DEPARTMENT ID NUMBER: PL01-04 1. Land !Uses Proposed for Reduced Processing Time In order to better illustrate the number of uses actually proposed for modification, staff generated a comprehensive list of most conditional use permit uses. The shaded and bolded items are those that are recommended by the Planning Commission for amendment. Items that are shaded, bolded and include an asterisk are the new items that staff recommends be added to the list of amendments. These additional changes are proposed because they are noncontroversial uses, criteria currently in the zoning code will regulate establishment of these items, and a lower hearing body can adequately review them. PERMIT STREAMLINING-CONDITIONAL USE PERMITS TYPE OF USE CURRENT REVIEW PROPOSED *PC-$3,430 ZA$1,105 REVIEW Additions to nonconforming structures PC ZA at existing nonconforming yard setbacks (RL, Rm,;RMH,_RH zones) Ambulance Services CG, IL zones ZA Animal Boarding(CG,.IG, IL zones) PC -ZA Animal Hospitals CG,IG, IL zones PC ZA Automobile Washing attended CG zone ZA Automobile Washing (unattended) (CG ZA zone * Banks and Savings..& Loans.with ZA P(Permitted) Drive-Up Service CO, CG, CVzones Bed & Breakfast Inns CO, CG, CV zones PC *Carts and Kiosks ZA P Clubs & Lodges not in RL or RM zones ZA Commercial Filming (IG IL zones) ZA P Commercial Parking Facilities CG zone PC Commercial Recreation and Entertainment PC CG, CV zones Community and Human Services (CO, CG PC zones Condo Conversions (four to nine units-Res ZA zones Condo Conversions (ten or more - Res PC zones Convalescent Facilities (CO, CG zones) PC Cultural Institutions (CO, CG, CV, PS PC zones Day Care, Large Family (7-12 children ZA max.- Res zones PC- Planning Commission *Current Fees ZA-Zoning Administrator P-Permitted PL01-34 -5- 11/14/2001 10:31 AM REQUEST FOR ACTION MEETING DATE: November 19, 2001 DEPARTMENT ID NUMBER: PL01-04 PERMIT STREAMLINING-CONDITIONAL USE PERMITS TYPE OF USE CURRENT REVIEW PROPOSED *PC-$3,430 ZA$ 1,105 REVIEW *Day Care, Large Family (7-12 children PC (>2,500 sq.ft.) max.-commercial zones) ZA(<2,500 sq.ft.) P Day Care, General (13 + children — Res. ZA Zones PC if in RL zone Day Care, General (13 + children—IG, IL PC ZA zones Development of vacant land or initial ZA construction of buildings (CO, CG, CV, IG, 1L zones Drug Abuse Centers CG zone PC Eating. Drinking Establishments with PC ZA(Amplified) live entertainment CG,IG, /L zones P (Non-Amplified) Eating & Drinking Establishments with live PC entertainment and dancing (CG, 1G, 1L zones Eating & Drinking Establishments with P (>300 ft.from R, PS zones) Alcohol Sales including liquor (CO, CG, CV ZA L<300 ft.from R, PS zones) zones *Eating & Drinking Establishments with P (> 300 ft from R, PS, P Alcohol Sales excluding liquor (beer& ..zones) wine only (CG, CV zones) ZA(< 300 ft.from R, PS zones Eating & Drinking Establishments (IG,IL PC ZA zones Outdoor Dining in conjunction with ZA ZA(> 400 sq. ft.) Eating& Drinking Establishments (CO, P (<400 sq. ft.) CG, CV zones Emergency Health Care (CO, CG zones) PC (> 2,500 sq. ft.) ZA < 2,500 sq. ft. Emergency Kitchens/Shelters CG zone ZA(:S 2,500 sq. ft. Equestrian Centers CG zone PC Food & Beverage Sales (IL zone) PC ZA Funeral & Internment Services CG zone ZA Group Residential (RL, CO, CG, CV and IG PC zones Heliports CO, CG, CV zones PC Hospitals CO, CG, CV zones PC Hotels, Motels, Timeshares (CG, CV PC zones *Industrial Custom—small scale ZA P facilities CG, CV zones PC-Planning Commission `Current Fees ZA—Zoning Administrator P —Permitted PL01-34 .6- 11/14/2001 10:30 AM REQUEST FOR ACTION MEETING DATE: November 19, 2001 DEPARTMENT ID NUMBER: PL01-04 PERMIT STREAMLINING-CONDITIONAL USE PERMITS TYPE OF USE CURRENT REVIEW PROPOSED *PC-$3,430 ZA $1,105 REVIEW Lot Line Adjustments CG, CVzone ZA P Major Utilities RL, CO, CG, CV, IG zones PC Minor Utilities RL, CO, CG, CV, IG zones PC Manufactured Home Parks RL zone ZA Marina OS zone PC Model Homes(Residential zones) ZA P. Multifamily Residential (10 or more units) PC RL, CV zones Multifamily Residential (5-9 units) (RL, CV ZA(RL zone) zones) PC (CV zone) Non-City Government Offices 6PS zone PC Non-City Maintenance & Service Facilities PC CV zone Non-City Vehicle/Equipment Sales and ZA Service CG zone Nurseries CG zone ZA Park& Recreation Facilities (OS-PR, OS-S, PC OS-WR zones Park & Recreation Commercial Facilities ZA CO, CG, CV zones Pawn Shops CG zone ZA Personal Enrichment Services (CO, CG, PC (>2,500 sq.ft.) ZA IG, IL zones) ZA L<2,500 sq.ft.) P Pet Cemetery CG zone PC *Primary Health Care (CO, CG zones) PC (> 2,500 sq. ft.) ZA ZA(S.2,500 sq.ft.) P Privacy Gates ZA P Public Safety Facilities (RL, CO, CG, CV PC zones Religious Assembly CO, CG zones PC ZA * Religious Assembly (if the primary use PC ZA, in an IG, IL zone Religious Assembly (if secondary use in an ZA IG. IL zone Research & Development Services ZA exceeding 2,500 sq. ft. in a CO zone (for any size in CG zone Residential Alcohol Recovery, General PC CG zone Residential Care, General (RL, CO, CG PC zones) L PC-Planning Commission *Current Fees ZA-Zoning Administrator P-Permitted PL01-34 -7- 11/14/2001 10:31 AM REQUEST FOR ACTION MEETING DATE: November 19, 2001 DEPARTMENT ID NUMBER: PL01-04 PERMIT STREAMLINING-CONDITIONAL USE PERMITS TYPE OF USE CURRENT REVIEW PROPOSED *PC-$3,430 ZA$1,105 REVIEW Residential Hotel CG, CV zones PC Schools (with higher educational PC curriculums) (/G, IL zones Schools, Public or Private (RL, CO, CG PC zones Service Stations CG, CV, IG, IL zones PC Single Room Occupancy CG, CV zones PC Swap Meets, indoor/Flea Markets (CG, IG, PC l/zones Seasonal/Temporary Seasonal/Temporary Parking Lots ZA Tattoo Establishments CG zone PC Vehicle Sales & Rentals CG zone PC ZA Vehicle Sale &Rentals (existing facility PC - P proo6sin6 to expand up to 20% *Vehicle Sales & Rentals (CO zone) N/A ZA Vehicle Sales & Service PS zone PC *Vehicle Repair(Limited)(CG zone) ZA P. Vehicle Storage IL zone ZA Visitor Accommodations IG, IL zones PC Warehouse and Sales Outlets (IG, IL PC zones Wetlands Maintenance, dredging, nature PC studies OS-PR zone Wireless Communication Facilities ZA 3r Story Height Increase or Decks (RL ZA zones PC- Planning Commission *Current Fees ZA—Zoning Administrator P—Permitted Processing time for PC applications being reduced to ZA review would be cut in half: from four to six months to two to three months. The CUP fee would drop from $3,430 to $1,105. Because these items would still require a CUP from the ZA, a public hearing would be held with required noticing of surrounding property owners and tenants as well as other interested parties. Processing time for ZA items being reduced to a Permitted use would be significantly reduced. In lieu of the standard two to three months for ZA items, the majority of these items could be approved at the Planning Counter. 2. Proposed Changes to Criteria that Trigger an Entitlement The second chart illustrates the list of amendments to various uses and changes of certain criteria that trigger an entitlement. The chart further illustrates that in certain instances it codifies existing policies, amends several of the Design Review Board and Temporary Uses PL01-34 -8- 11/14/2001 10:31 AM REQUEST FOR ACTION MEETING DATE: November 19, 2001 DEPARTMENT ID NUMBER: PL01-04 items. In addition to the CUP items, the Zoning Text Amendment proposes to increase the variance deviation that may be heard by the ZA from 10 to 20 percent. Currently, the Planning Commission is required to hear all variance requests that exceed a 10 percent deviation from code requirements; the ZA hears variance requests equal to or less than 10 percent. Staff is proposing further modifications to this category to include the allowance of a 10% reduction in parking should substantial landscaping improvements occur on development with more than one use and have a minimum of fifty (50) parking spaces. The Director's responsibilities include the administering, interpreting and enforcing all requirements and standards of the code. The proposed amendments expand the list of permit review from the Zoning Administrator to the Design Review Board or the Planning Director. The Director or designee may approve Administrative Permits (AP) that meet the requirements of the code. PERMIT STREAMLINING 'DEVELOPMENT STANDARDS — PROPOSED AMENDMENTS USE/STANDARD CURRENT PROPOSED REVIEW REVIEW Fencing along arterials over six (6) feet high ZA P (Permitted) with approval of Building Permit Parking reduction from the total number of PC/ZA AP (Administrative Permit) required spaces For sites < 50 parking spaces: up to 5 reduction. For sites exceeding 50 parking spaces: up to 10% reduction if substantial landscaping improvement. Planned Sign Programs DRB AP Sign Code Exceptions ZA (any deviation in AP (if design guidelines standards) exist) DRB (if not design guidelines) Temporary Use Permits ZA ZA > 48 hours > 72 hours Waiver of Development Standards AP AP (< 10% deviation for (adds < 10% deviation for setbacks, open space height of buildings or and landscaping) fences, site coverage and building separation) Mergers ZA AP Downtown SP 5, Single Family Homes DRB AP 3. Notification and Appeal Procedures Because of the concern raised by the Planning Commission regarding the notification of certain applications, staff has included information on the notification and appeal process to provide clarification on the subject matter and illustrate the process. PL01-34 -9- 11/13/2001 3:00 PM REQUEST FOR ACTION MEETING DATE: November 19, 2001 DEPARTMENT ID NUMBER: PL01-04 Action on any item may be appealed pursuant to Chapter 248 of the ZSO. Decisions of the Planning Director, Zoning Administrator and Design Review Board may be appealed to the Planning Commission. Planning Commission decisions may be appealed to the City Council. The City's Notice of Action letters include information on how a decision may be appealed. In addition, a handout explaining the appeal process is available at the Planning Counter. Zoning Text Amendment No. 01-04 does not propose any change to the City's appeal procedures. Projects Subject to Notice Requirements ➢ Planning Commission, Zoning Administrator and Subdivision Committee items ➢ Notification for Design Review Board items is required for projects at the discretion of the Planning Director. ➢ Community meetings (these are optional and held for large or controversial projects) ➢ Public comment periods for environmental documents (EIRs, Negative Declarations) ➢ Infill Lot Developments 4. Revenue Analysis An analysis has been performed to determine what the difference would be in conditional use permit application fees collected by the City should this text amendment be adopted. In the past three years, as an example, the Planning Department processed 207 conditional use permits. Using the fees in place prior to October 15, 2001, the following chart compares the total revenue generated by these conditional use permits based upon our current code and what the fees would be if the City were to process 207 CUP applications following the adoption of this text amendment: 207 CONDITIONAL USE PERMITS 1999-2001 PC ZA Permitted Total Total Fees CUP's CUP's No Fee Collected Current Code 58 149 - 207 $ 293,890 Proposed Text 41 151 15 207 $ 247,430 Amendment The difference in total application fees collected between the City's current code requirements and the proposed text amendment for 207 CUP applications is $46,460. The primary difference stems from those applications reduced from Planning Commission review to Zoning Administrator review. SUMMARY: Zoning Text Amendment No. 01-04 as proposed in concept modifies the Huntington Beach Zoning and Subdivision Ordinance, including sections of the Downtown Specific Plan, for the PL01-34 -10- 11/13/2001 3:00 PM REQUEST FOR ACTION MEETING DATE: November 19, 2001 DEPARTMENT ID NUMBER: PL01-04 purpose of improving customer service by streamlining the entitlement process. The recommended text amendments as further proposed by staff are those that provide relief to the business community and residents while ensuring that issues of neighborhood compatibility, aesthetics, etc. still receive adequate consideration. Staff recommends that Zoning Text Amendment No. 01-04 be approved in concept for the following reasons: ➢ Decreases processing time for applicants ➢ Reduces application costs for the Business Community and Residents ➢ Provides excellent customer service ➢ Encourages new businesses to locate in Huntington Beach Staff will return to City Council with the legislative draft reflecting the additional entitlements suggested for streamlining. Environmental Status: The proposed project is categorically exempt pursuant to Class 20, City Council Resolution No. 4501, which supplements the California Environmental Quality Act. Attachment(s): City Clerk's Page Number No. Description 1. Ordinance Nos. (PC Recommendation) including 2. legislative draft.- 6 13 3 Findings of Approval (PC Recommendation) 4 Findings of Approval (Staff Recommendation) 5 Planning Commission Staff Report dated October 9, 2001 Planning Commission Minutes dated October 9, 2001 RCA Author:, Rosemary Medel/Mary Beth Broeren PL01-34 -11- 11/14/2001 10:03 AM ATTACHMENT 4 [E H City of Huntington Beach Planning Department STAFF REPORT TO: Planning Commission FROM: Howard Zelefsky, Director of Plannin BY: Rosemary Medel, Associate Planner DATE: October 9, 2001 SUBJECT: ZONING TEXT AMENDMENT 01-04 (Entitlement Permit Streamlining) APPLICANT: City of Huntington Beach LOCATION: Citywide STATEMENT OF ISSUE: • Zoning Text Amendment No. 01-04 request: - Amendment of twelve chapters of the Zoning and Subdivision Code and three sections of SP 5 (Downtown Specific Plan) - Entitlement permit streamlining of certain applications to the lower hearing body - Codify existing policies - Clarify certain sections of the Zoning and Subdivision Ordinance • Staff s Recommendation: Approve Zoning Text Amendment No. 01-04 based upon the following: - Decreases processing time for applicants - Reduces application costs for the business community and residents - Provides excellent customer service - Encourages new businesses to locate in Huntington Beach RECOMMENDATION: Motion to: "Approve Zoning Text Amendment No. 01-04 with findings(Attachment No. 1) and forward to City Council for adoption." ALTERNATIVE ACTION(S): The Planning Commission may take alternative actions such as: A. "Deny Zoning Text Amendment No. 01-04 with findings and forward to City Council." B. "Continue Zoning Text Amendment No.01-04 and direct staff accordingly." PROJECT PROPOSAL: Zoning Text Amendment No. 01-04 is an amendment by the City of Huntington Beach to streamline the entitlement process,decrease processing time, create cost-savings for applicants, and most importantly improve customer service by allowing the review of a project by the lower hearing body. The Zoning Administrator would review certain applications currently heard by the Planning Commission and the Director of Planning would be given more discretionary approval. The items selected for streamlining are those that typically are approved without controversy and/or should not necessitate the preparation of a Planning Commission staff report, i.e., could be adequately handled at the Zoning Administrator or Director level. The Zoning Text Amendment codifies some existing polices and direction from the Planning Commission in addition to clarifying certain sections of the code. The amendments affect twelve chapters of the Huntington Beach Zoning Subdivision Ordinance (ZSO) and three sections of SP 5 (Downtown Specific Plan) as listed below. The legislative draft is provided in Attachment No. 3. ➢ Chapter 203 Definitions ➢ Chapter 241 Conditional Use Permits and ➢ Chapter 204 Use Classifications Variances; Temporary Use Permits; ➢ Chapter 211 Commercial Districts Waiver of Development Standards ➢ Chapter 212 Industrial Districts ➢ Chapter 244 Design Review ➢ Chapter 214 Public-Semipublic Districts ➢ Chapter 250 General Provisions ➢ Chapter 230 Site Standards ➢ Chapter 257 Mergers ➢ Chapter 231 Off-Street Parking ➢ Specific Plan No. 5 Downtown Specific ➢ Chapter 233 Signs Plan, Districts 2,4 and 6 Bachround The last comprehensive change to the ZSO occurred in 1994. That revision incorporated state law mandates, deleted conflicts in the code and streamlined the permit process. A major goal of the ordinance revision was to reduce the level of review from Planning Commission to the Zoning Administrator. The topic of permit streamlining resurfaced again in 1999, in response to comments from the business community and residents. Accordingly, on November 17, 1999, during a special meeting with City Council, staff discussed a list of amendments for various entitlement applications to improve processing time. Staff generated the list of suggested amendments upon meeting with both the Chamber of Commerce and the Director of Organizational Effectiveness. City Council directed staff to proceed with a zoning text amendment for the various items. The list of proposed amendments was first reviewed by the Planning Commission at the June 12, 2001 study session. The Planning Commission requested additional information on the appeal process and requested that staff provide copies of the legislative draft to the Chamber of Commerce and Huntington Beach Tomorrow for review and comment. The Chamber of Commerce submitted a letter in support of the suggested amendments on July 17, 2001. The Planning Commission held three additional study sessions on the legislative draft on July 20,August 14a'and September 1 lt`. The review resulted in various changes to the legislative draft. PC Staff Report- 10/9/01 2 (01 sr44) ISSUES: General Plan Conformance: The proposed project is consistent with the goals and policies of the City's General Plan as follows: A. Land Use Element Goal L U 7: Achieve a diversity of land uses that sustain the City's economic viability, while maintaining the City's environmental resources and scale and character. The proposed amendments,by decreasing permit processing time,will encourage new businesses to establish in Huntington Beach adding to the depth and diversity of the city's business stock. Policy L U 13.1.2: Allow for the continuation of existing and development of new religious facilities in any land use zone where they are compatible with adjacent uses and subject to the City review and approval. By allowing conditional use permits for religious facilities to be heard by the Zoning Administrator instead of the Planning Commission,the city will facilitate improvements to existing facilities. B. Housing Element Policy HE 4.1.3: Review all regulations, ordinances, departmental processing procedures, and residential fees related to rehabilitation and/or construction to assess their impact on housing costs, and revise as appropriate. The proposed text amendments fulfill this policy by streamlining the review process for single family homes in the Downtown Specific Plan area-allowing them to be approved by the Planning Director and eliminating the requirement for Design Review Board. C. Economic Development Element Policy ED 2.4.1: Encourage and assist existing and potential commercial owners to modernize and expand their commercial properties. Policy ED 2.5.1: Encourage and assist existing and potential industrial owners to update, modernize and expand their industrial properties. The proposed streamlining would increase the size of additions that could be approved by the Planning Director from 5,000 to 10,000 square feet, assuming certain criteria are met,thereby reducing processing time and application fees and encouraging businesses to remain or locate in the city. The amendments would also improve processing time for vehicle sales operations by allowing review by the Zoning Administrator in lieu of the Planning Commission. PC Staff Report- 10/9/01 3 (01 sr44) Zoning Compliance: The zoning text amendment changes existing standards within the code to improve permit processing. 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. Coastal Status: This project would be considered a minor amendment to the City's Local Coastal Program and will be forwarded to the California Coastal Commission with other minor amendments. Redevelopment Status: Not applicable. Design Review Board: Not applicable. Subdivision Committee: Not applicable. Public Notification: Legal notice was published in the Huntington Beach/Fountain Valley Independent on September 27, 2001, and notices were mailed out to individuals/organizations requesting notification(Planning Department's Notification Matrix) and interested parties. As of October 4,2001, no communication supporting or opposing the request has been received in response to the hearing notice. ANALYSIS: Zoning Text Amendment No. 01-04 was initiated to improve customer service. The proposed changes accomplish this objective by streamlining entitlement processes and codifying existing policies. Streamlining reduces processing time and fees by allowing entitlement requests to be heard by a lower hearing body,e.g.,Zoning Administrator instead of Planning Commission. Codification of existing policies facilitates processing by providing clear direction on processes and requirements. The analysis below reviews the proposed amendments in the context of improving customer service while continuing to insure that existing residents and businesses are considered and protected via adequate review and noticing. The analysis is generally organized according to the proposed process or text changes, see Sections A-E,with a brief review of the City's appeal procedures provided in Section G. PC Staff Report- 10/9/01 4 (01 sr44) A. Planning Commission Items Proposed for Zoning Administrator Consideration The following items currently require a conditional use permit (CUP)before the Planning Commission but, as proposed, would be heard by the Zoning Administrator(ZA). ■ Animal Boarding(Attachment Nos. 3.8, 3.15) ■ Animal Hospitals(Attachment Nos.3.8, 3.15) ■ Food and Beverage Sales(Attachment No.3.15) ■ Live Entertainment; except as proposed in Section B (Attachment Nos. 3.8, 3.15) ■ Personal Enrichment in spaces greater than 2,500 sq. ft.; for smaller areas see Section B (Attachment Nos. 3.8, 3.10) ■ Religious Assembly(Attachment Nos.3.7,3.20) ■ Vehicle Equipment Sales and Rentals(Attachment No. 3.9) Processing time for these applications would be cut in half: from four to six months to two to three months. The CUP fee would drop from $3,430 to $1,105 pursuant to the fee schedule that becomes effective on October 15th. Because these items would still require a CUP from the ZA, a public hearing would be held with required noticing of surrounding property owners and tenants as well as other interested parties. These items are recommended for reduced processing for several reasons. First, issues related to these uses are relatively straightforward and could be adequately handled at the ZA level. Staff believes that because these items would still be subject to a public hearing, any potential neighborhood concerns would be provided with full consideration. Second,improving processing time would encourage existing and new auto dealers to either improve or locate businesses in Huntington Beach, which protects and creates jobs and improves the city's sales tax base. Lastly,religious assembly uses,which are non-profit organizations, will benefit from the reduced costs. In addition to the CUP items,the Zoning Text Amendment proposes to increase the variance deviation that may be heard by the ZA from 10 to 20 percent (Attachment No. 3.36). Currently, the Planning Commission is required to hear all variance requests that exceed a 10 percent deviation from code requirements; the ZA hears variance requests equal to or less than 10 percent. Using the front yard setback for a single-family home as an example, if a homeowner requested a setback of 12 feet in lieu of the required 15 feet, the variance request for three feet (20 percent)would currently require Planning Commission action. As proposed,this request could now be heard by the ZA. Staff recommends the proposed increase because it provides relief for minor deviations while ensuring Planning Commission review of more significant variance requests. Similar to the CUP items discussed above,processing time would be cut in half,processing fees would drop from $1,335 to$965, and a public hearing would still be required. PC Staff Report- 10/9/01 5 (01 sr44) B. Zoning Administrator Items Proposed for Director Consideration The following items currently require approval by the ZA but, as proposed,would be acted on by the Planning Director. ■ Eating and Drinking Establishments if no alcohol sales and no drive-thru(Attachment Nos. 3.8,3.10) ■ Live Entertainment if greater than 300 ft. from residential zone or use and non-amplified(Attachment Nos. 3.8,3.13,3.15, 3.18) • Lot Line Adjustments(Attachment No. 3.41) ■ Mergers(Attachment Nos.3.43, 3.44) ■ Outdoor Dining if 400 sq. ft. or less and no alcohol sales(Attachment No.3.13) ■ Personal Enrichment in spaces equal to or less than 2,500 sq. ft. (Attachment Nos. 3.8, 3.10) ■ Privacy Gates(Attachment Nos. 3.29,3.30) ■ Sign Code Exceptions for 10% or less deviation; for greater than 10% see Section C (Attachment No. 3.32) Processing time for these applications would be significantly reduced. In lieu of the standard two to three months for ZA items,the eating and drinking establishment, live entertainment,outdoor dining,personal enrichment and sign code exception requests could be approved at the planning counter. Lot line adjustment and lot merger requests would require review by the Public Works Department but could be processed within one month. Privacy gates would be approved at the planning counter or taken in for further review, depending on the nature of the request, with approvals within one month. Fees for these requests would also be reduced. As an example,the CUP fee of$1,105 for eating and drinking establishments, live entertainment, outdoor dining,personal enrichment and privacy gates would no longer be required. With the exception of lot line adjustments, which are non-public hearing items,and eating and drinking establishments with 12 or fewer seats, which are currently approved by the Planning Director,the requests in this group currently require public hearings before the ZA. The proposed Zoning Text Amendment would eliminate that requirement by allowing all items to be approved by the Planning Director. These items do not generate concerns or complaints at ZA hearings; therefore, staff does not believe that hearings are typically necessary. However, the Planning Director would be able to refer an item to the ZA if there were concerns about a particular request. In terms of the specific items listed above, staff is recommending that the requirement for eating and drinking establishments with more than 12 seats to obtain a CUP be deleted. However,if such an establishment proposed alcohol sales or a drive-thru,a CUP would still be required to insure compatibility with the surrounding area. Staff believes that the proposed criteria that would be required for a live entertainment or outdoor dining use to be approved without a public hearing are sufficient protection. Moreover,these types of live entertainment requests,e.g. non-amplified piano at a restaurant, are not a source of neighborhood complaints. Personal enrichment uses, e.g.,instructional uses such as dance, would still be required to comply with parking requirements and have been compatible tenants in the shopping centers where they typically locate. Mergers are comparable with lot line adjustments in terms of issues; given that lot line adjustments are non-public hearing items now, review by the Director is sufficient. The 10 percent deviation for signs is minor and would not result in a noticeable increase in PC Staff Report- 10/9/01 6 (01 sr44) signage nor one that would impact surrounding properties. Lastly,requests for privacy gates would be required to meet certain criteria as set forth in the Zoning Text Amendment to ensure adequate design and would be reviewed by the necessary departments. Staff does not think that approval of these items without public hearings would result in any negative or unintended consequences for residents or businesses. C. Items affecting Design Review Board The following items currently require review by the Design Review Board(DRB) with a recommendation to the Planning Director and, as proposed, would require Planning Director action only. ■ Planned Sign Programs (Attachment Nos. 3.33,3.34) ■ Single Family Homes in the Downtown Specific Plan Area(Attachment Nos.3.46, 3.47,3.49) ■ Signs in Specific Plan Areas that have Design Guidelines for Signs(Attachment No. 3.33) Processing time for these applications would be cut in half: from one to two months to one to four weeks. The DRB fee of$630 would no longer be required. There would be no change in noticing requirements as DRB items are typically not noticed meetings. The City's adopted Urban Design Guidelines provide staff with additional tools to achieve the City's goals for design of homes and signs,making DRB action on the first two items generally unnecessary. DRB action on the last item is redundant because the design guidelines that would be used to evaluate a sign request in a specific plan area would have been previously approved by the DRB. The Planning Director would have the option of referring items to the DRB as needed, for example in the case of a significant project. In addition to the above, staff is recommending that sign code exceptions for deviations that exceed 10 percent be considered by the DRB in lieu of the ZA(Attachment Nos. 3.32, 3.39). This change would reduce processing time by approximately one month and reduce the fee from $820 to $630. A public hearing would no longer be required. These requests do not generate public comments and are fairly limited in number since the City's standards for signs were modified in 1997. Staff believes that DRB consideration is the appropriate level of review. D. Proposed Changes to Criteria that Trigger an Entitlement The following items currently require ZA review if certain criteria are met. The Zoning Text Amendment increases the criteria such that fewer requests would require ZA review and would instead be acted on by the Planning Director. • Additions to Commercial/Industrial Buildings: Increases size of addition from 5,000 sq. ft.to 10, 000 sq. ft. (Attachment Nos. 3.12,3.17) • Fences/Walls: Increases height from 6 to 8 ft. for rear&side yards along arterials (Attachment No. 3.24) • Parking: Allows up to a 5 space reduction(Attachment No. 3.27) ■ Temporary Uses: Increases duration from 48 hrs. to 72 hrs. (Attachment Nos.3.4,3.5, 3.37) • Waiver of Standards: Adds separation between buildings, height of buildings or fences and site coverage to existing list. (Attachment No. 3.38) i PC Staff Report- 10/9/01 7 (01 sr44) Processing time for those applications that are below the new criteria would be significantly reduced. Instead of a two to three month process, most applications would be approved at the Planning Counter. The CUP and Variance fees of$1,105, $455 (fences), and$965, depending on the request, would no longer be required. Public hearings would no longer be required. Because these items are so different, a brief discussion of each is provided below. Additions to Commercial/Industrial Buildings A review of the legislative draft for additions to commercial or industrial buildings shows that while an addition of up to 10,000 sq. ft. could be permitted without a CUP,the request would have to meet other criteria to benefit from that exemption. Specifically,the addition would have to be less than 50 percent of the existing building's floor area and would have to be greater than 300 feet from a residential zone or use. For example, an existing 40,000 sq. ft.building that was located 305 feet from a residential zone or use would be able to add 10,000 sq. ft. without a CUP,but a 20,000 sq. ft.building in the same location would not. These criteria have been City policy since 1996,but staff is recommending that the threshold for an addition be increased from 5,000 sq. ft. to 10,000 sq. ft.to provide relief to the business community. Staff believes that the combined criteria ensure that surrounding properties would not be negatively impacted. In addition, the California Environmental Quality Act(CEQA)threshold for additions to commercial/industrial buildings that are exempt from CEQA is 10,000 sq. ft. FenceslWalls The genesis of this recommended change is comments from the Planning Commission regarding aesthetics along arterial streets where property owners have added fence extensions,usually without permits. By allowing property owners to extend the height of walls along arterial streets up to eight feet without a CUP,they will be more inclined to obtain permits which results in safer walls and walls that are more aesthetic. Criteria have been included in the legislative draft to address these issues and require that property owners maintain existing or proposed landscaped planters. Parkin Staff is recommending that the Planning Director be given discretion to approve up to a five space parking reduction for a change of use, provided that the criteria listed in the legislative draft are met,to provide relief to the business community. Most of the city's older shopping centers are parked at a one space per 200 sq. ft. ratio. If a doctor's office wanted to locate in such a center additional parking would normally be required(1:175). The recommended change provides flexibility that assists future tenants and shopping center owners with negligible impact to a site's overall parking situation. Temporary Uses Temporary uses,without live entertainment, are approved at the Planning Counter for up to 48 consecutive hours and limited to once every 3 months. Staff is recommending that the duration be increased to 72 consecutive hours. Examples of these types of uses are car washes and flower sales at Mother's Day and Valentine's Day. There are no other changes proposed to the approval process for temporary uses. In other words,temporary uses that exceeded three days or included live entertainment would still require a CUP from the ZA. PC Staff Report- 10/9/01 8 (01 sr44) Attached to the staff report is correspondence from the Huntington Beach Mall requesting that the City consider reducing the processing time for temporary uses. The standard processing time for ZA items is two to three months. Because these permits are discretionary,the application requires public hearing notification and review by various departments. The letter suggests that the current process creates a financial burden on the business community by delaying the decision making process. The proposed legislative draft does not eliminate the CUP requirement for certain temporary uses. However, after initial ZA approval, if an applicant applies for a CUP the next year for the same event and there were no significant impacts as a result of the initial event, staff usually recommends that the CUP approval cover up to a five year period. The letter also suggests that consideration be given to events in established shopping centers. The Planning Commission may wish to add these types of events to those that can be approved at the Planning Counter with specified criteria, e.g. limit the duration to seven days. Members of the Planning Commission have suggested that certain temporary uses approved at the Planning Counter, such as temporary weekend sales, be added to the list of projects required to provide notification to surrounding property owners/tenants. Staff does not support this suggestion because noticing would increase processing time, increase costs for the applicant and eliminate over the counter approvals by the Director,thereby defeating the intent of the streamlining process. Staff is also not aware of a consistent problem with these types of events that would warrant such notification. Waiver of Development Standards The ZSO currently allows the Planning Director to waive development standards for setbacks,open space and landscaping if the waiver improves project design and does not exceed a 10 percent deviation from the code requirement. Staff recommends that separation between buildings, height of buildings or fences and site coverage be added to the list. This improves flexibility in designing projects and speeds the approval process. E. Codify Existing Policy Existing policy memos for the following items would be codified with the Zoning Text Amendment. Streamlining is also proposed for these items and is discussed in Sections A-D above. ■ Additions to Commercial/Industrial Buildings(Attachment Nos. 3.12, 3.17) ■ Outdoor Dining(Attachment No. 3.8) ■ Personal Enrichment(Attachment No. 3.10) ■ Temporary Uses(Attachment Nos.3.4,3.5,3.9, 3.16,3.18, 3.37) The City's policy memos for the first three items have been in effect since 1996;the policy for temporary uses has been in effect since 1995. By codifying these policies,processing information is more easily accessible by applicants, which assists them in project planning and improves customer service. F. Appeal Procedures Action on any item may be appealed pursuant to Chapter 248 of the ZSO. Decisions of the Planning Director,Zoning Administrator and Design Review Board may be appealed to the Planning Commission. Planning Commission decisions may be appealed to the City Council. The City's Notice of Action letters PC Staff Report- 10/9/01 9 (01 sr44) include information on how a decision may be appealed. In addition, a handout explaining the appeal process is available at the Planning Counter. Zoning Text Amendment No. 01-04 does not propose any change to the City's appeal procedures. SUMMARY: Zoning Text Amendment No. 01-04 modifies the Huntington Beach Zoning and Subdivision Ordinance, including sections of the Downtown Specific Plan,for the purpose of improving customer service by streamlining the entitlement process. The recommended text amendments are those that provide relief to the business community and residents while ensuring that issues of neighborhood compatibility, aesthetics,etc. still receive adequate consideration. Staff recommends that the Zoning Text Amendment No. 01-04 be approved for the following reasons: ➢ Decreases processing time for applicants ➢ Reduces application costs for the Business Community and Residents ➢ Provides excellent customer service ➢ Encourages new businesses to locate in Huntington Beach ATTACHMENTS: 1. Suggested Findings of Approval 2. Draft Ordinance 3. Legislative Draft 4. Chamber of Commerce letter dated July 17,2001 5. Huntington Beach Mall letter dated September 11,2001 SH:HF:RM:rl (01 sr44) PC Staff Report- 10/9/01 10 (01 sr44) ATTACHMENT NO. 1 SUGGESTED FINDINGS ZONING TEXT AMENDMENT NO. 01/04 SUGGESTED FINDINGS FOR APPROVAL—ZONING TEXT AMENDMENT NO. 01-04: 1. Zoning Text Amendment No. 01-04 to amend certain sections of the Zoning and Subdivision Ordinance is consistent with the objectives,policies, general land uses and programs specified in the General Plan and any applicable specific plan because the amendments streamline entitlement processing for certain uses thereby furthering the City's development goals. 3. 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 revises processing of entitlements and clarifies permitted uses within the zoning classifications. 4. A business community need is demonstrated for the change. The need for reduced processing time is desired by the business community and supported by the Chamber of Commerce. 5. Its adoption will be in conformity with public convenience, general welfare and good zoning practice by codifying existing policies and creating a zoning and subdivision ordinance more reflective of City priorities. (01 sr44)- 10/9/01 Attachment No. 1.1 N BEACH" ' C BER0 O Coymi July 17, 2001 Mr. Howard Zelefsky Planning Director City of Huntington Beach Huntington Beach, Ca. 92648 SUBJECT: Proposed Entitlement Streamlining Dear Howard: The Chamber's Community Development Committee recently reviewed staffs proposed Entitlement Streamlining Revisions contained in your correspondence of June 28, 2001 and supports the staff s recommendations.. Our committee wishes to express their appreciation to staff for being included in the review process and having the opportunity to provide input. We support the recommended changes for the following reasons: a. The changes will be helpful to small business by shortening the processing time and allowing them to open their establishments faster. b. The fee reductions sends a good message to the business community. c. The recommendations will free up staff time which can be devoted to larger and more significant projects. Our committee also encourages the review process to continue and go future by considering establishing performance standards to allow staff to review and approve projects administratively(similar to the]McDonnell Centre Business Park Specific Plan). This process could also facilitate applications to the Planning Commission and Zoning Administrator to be processed faster and will allow the Planning Commission to focus their efforts on m-J!tFr plinning issues, long range plans and economic development. Thanks again., we look forward to working with you on future issues. Sincerely, o Riddell, CCE resident 2100 Main Street,Suite 200 Huntington Beach,CA 92648 714/536-8888 (FAX)714/960-7654 HUNTiNGTON BEACH MALL FACSIMILE TRANSMITTAL. SHEET TO: FROM: Wes COMPANY: DATE: O ®9 6l FAX ER: TOTAL NO. OF PAGES INCL.COVER: ( 0714) 374 - hP46 14 PHONE NUMBER: SENDER'S REFERENCE NUMBER: RE: ;om JAI 7'C.V ' WM MOA'0'YOUR REFERENCE NUMBER: D1-04 ❑URGENT )(FOR REVIEW ❑PLEASE COMMENT O PLEASE REPLY ❑PLEASE RECYCLE NOTES/COMMENTS: 7777 Edinger Avenue , Suite 300 Huntington Beach , CA 92647 I' hvttc ( 7I4 ) 897 . 2534 ;C tax ( 714 ) 894 - 7686 Sep it 01 02: 37p Huntington Center 7148947888 p, 2 HU"N"TINGTON BEACH MALL September 11,2001 To: Huntington Beach Planning Comnussion Pr: Pat Rogers, Mali Manager/Marketing Director Re: Conditional Use Permit/Permit Streamlining Due to today's events, I am writing my comments in the event I may be unable to attend tonight's Study Session. It is my hope to provide insight to the experiences I have had in the past in obtaining permits,and how to streamline the process,without compromising safety and legal issues. For a number of years,I have directly applied for—or been involved with third parties— to obtain Temporary Use Permits to do a variety of outdoor events, including the Circus Vargas,New&Used Car Sales, Carnivals,to name a few. Until this year,the usual time frame we experienced from date we applied,until we were approved at the public hearing was six(6)weeks. This could be entirely wrong,but not in every case. This year,I was approached by a promoter who I have worked with in the past—to do a "give-away"at the mall of 18 vacation packages for a 3-day/2-night stay at a hotel next to Disneyland, that also included 2 passes to either Disneyland or California Adventure. The offer is valued at$9,000 for these I8 vacations. The promoter is working with both Jeep Eagle and Disneyland to promote the new Jeep Liberty Limited. These type events are done all the time. The actual promotion was to be at least four(4)months minimum to be considered for participation by a shopping center. The actual display consists of a single Jeep Liberty vehicle to be placed at the shopping center—with a 6-foot table to Bold the entry forms and entry box for shoppers to enter to win a vacation,and for a chance to win a Jeep Liberty. As it tumed out,Huntington Beach Mall was one of ten(10)malls in California, and the only Orange County mall to be approved for this promotion. Believe me,we don't get these kinds of offers,as we did in the past. The four month promotion has to end December 30,2001 —so we were shooting for September 1"to comply with the contest requirements. 7777 Edinger Avenue, ##300,Huratingtotr Beack, Calijorida 92647 (714)997--2534 FAX(714) 894-7686 September 11,2001 Huntington Beach Planning C o;nmission Page: 2 Since our enclosed mail has limited public use, the promoter said it would be OK if I could find a highly visible location,wriih sufficient mobile and pedestrian access to make it worthwhile. I chose a location in our parking area on the southeast side of Zany Brainy,adjacent to the Staples entrance (see attached). The promoter felt it would need to have a canopy placed over the jeep to provide added visibility, and protect the vehicle somewhat from the elements. All this discussion was taking place in the first week of July 2001. I called Mike Strange to ask what type of permit,and the related expenses,to be able to give the promoter an idea of when this would be approved for display. Mike got right back to me mid explained that we would need a Temporary Use Permit,and that the cost was probably $500, and that we could get the application at City Hall. Approximately July 17,I had my assistant call the Planning Department to confirm the $500 amount, and to see if there were any other requirements involved. A very rude person that took the call and was asked if the information Mike gave Pat Rogers was correct and complete was very short in her answer—which was: "If Mike Strange told Pat Rogers that it was$500 and that's all there was—then,that's what it is"! I.called our corporate office and had them cut a check to overnight to us for$500. That same day,my assistant went to City Hall to get the application, and that's when we leamed the fee was$560(not$500),and that we would also have to purchase the labels to Notice occupants within 300-feet of the property. We called our corporate office and had them re-issue a check for$560,which caused a day's delay and extra effort in processing. On July 20, we had the$560 check and completed application with attachments delivered j to the Planning Desk. We informed them that we were in the process of getting the labels (which I paid the$275 for the labels, and later reimbursed by my company). The company we used,unfortunately,did not tell us that they were going to take longer than usual,as they were short staffed. This added one more week. Unlike my past experience,I was getting several phone calls from our Project Planner, with questions he needed to process our application. In most cases,.I had to put my responses in writing,which I would do immediately so as not to add delays. i One question I received was to verify in writing that I was the Mall Manager, and to send -proof via my business card. This was done as I inadvertantly signed on the"owners" line on the application—but when I did that—I crossed out"owner"and put"agent" under my signature. This has happened in the past—but never caused a problem. I Sep 11 u1 ur: jup Huntington center a% ibma P, September 11,2001 Huntington Beach Planning Commission Page: 3 Another call I received was to put in writing what the signs would say on the Jeep vehicle,regarding the contest. I know signs are a"touchy issue"in our City, but I was concerned that if we needed to make a change to the sign due to any last minute change in plans(it does happen),that we would be in violation of the permit. The most important call I received from our Project Planner came a few days before our scheduled Public Hearing—set for September 5. That was relative to the canopy that was to be placed over the Jeep.i was informed that since we were going to have it on display for more than 90 days, that I would have to pull a Building Permit. I cannot express the level of frustration I was feeling at this point. I have left out several details&events,to highlight the level of procedures I had to follow - to what amounts to a car on display in our parking lot. The canopy posed a problem due to the possibility that it might come lose in high winds and injure people and/or property. So, I asked if we could revise the application to have either(1)the canopy installed for less than 90 days,or(2)see if the promoter would allow for the canopy to be cancelled as part of the display. Unfortunately,the promoter was not available for several days to answer my question, and it was(then)my understanding that if I altered the original application,that it might cause the Public Hearing to be delayed beyond Sept 5 (which would mean the window for the promotion is now less than the required four months). At this point—I thought I should cancel the event,as I did not have time to continue on what seemed to be an endless path of requirements. The promoter finally called me, and said we could do without the canopy,and that he would be stoging by our mail to see the area set aside for the Jeep. When he came out on August 29 ,he asked if he could possibly change the location of the Jeep to be on the sidewalk,just outside the southeast entrance to Staples. Staples said it would be fine with them,and it would create more visibility for the Jeep, and likely bring more people into their store to enter the contest. I called our Project Planner to ask what problems this would cause to our permit process. He wasn't sure if it would have to have a new hearing scheduled, and if we would have to re-notify the 300-foot radius, and incur other processes(i.e. going back for review by the affected departments, including safety). "I immediately sent a diagram that was requested,showing the dimensions of the sidewalk area, indicating handicap accesses,sidewalk widths,distance from store fronts, etc. ATTAR N.AEA r KIC) ?5•� September 11,2001 Huntington Beach Planning Commission_ Page: 4 Thankfully, our Project Planner was able to have the revised location reviewed, and recommended approval at the Sept. 5'h Hearing. My estimated hours in obtaining this permit is 80 hows,including my assistant's time. Cost for Temporary Use Permit is.$560,plus S275 for labels, and $43 Orange County filing fee. In Summary—In the world of special events, very often a promotion is in the works for several months,before all the pieces are put together to present to a venue for consideration. Sometimes another venue has to cancel for some reason,and a promotion is looking desperately for a new location. In order to take advantage of opportunities,we feel the current level of time and effort to obtain a temporary use permit will prevent us from responding to what could help drive sales, and create excitement for shoppers. Surely, there must be a way for certain promotions to be approved in a shorter time frame,even if fees must remain the same. Also,for shopping centers like Huntington Center,when redeveloped,there must be a system in place to pre-approve certain activities that are either known to be.scheduled for a given time period(i.e. 12-18 months away),or possibly scheduled—­ th no date certain for the event(i.e. 3-day tent sale,or musical concert,etc.). I look forward to working with the City of Huntington Beach to implement a process that does not discourage activities that are designed to boost sales. Sometimes the economy dictates that a chain operation launch a special promotion(i.e.tent sale),and if the process takes?-3 months,it likely won't be held at a Huntington Beach location. Sony for the long letter. I am almost ashamed that I took time today to write all this down,due to world events. I am hopeful that tomorrow will always come,and that we • can return to daily living. Thank you for your time in reviewing this. Sorry for any typo-s. I have attached most(not all) documents I prepared in obtaining my permit,to give you an idea of the time involved for placing a Seep in our parking lot(now sidewalk). 8� NARw laew��� Q 1 j STAPLES n 0 ORCUIT _ 03 aTlr a i W 03 xy- 111 N11) 111iII11111111IJ1W IIIIIIIIjJI�(11111111�1_ _ _ _ _ -- - -- - - ED I N GER AVEN U E �-----� i n HUNTING T ON BEACH MALL August 15, 2001 To: Ron Santos Fr: Pat Rogers;Mall Manager Re: Temporary Use Permit No. 0I-05—Huntington Center Associates, LLC dba Huntington Beach Mall This letter is to request dates for a special promotional event to be approved,as follows: September 17,2001—May 31,2002 Originally,I had suggested that the event promotion be for approximately four(4) months. The promoter has informed me that he can provide additional contest prizes,if we extend the promotion beyond December 31,2001. What that would entail is we would keep either the same car on display in the mall parking lot,or change it for another vehicle. If another vehicle is used, it would be in the same location, etc. as the one planned for September 17-December 31,2001. Signage would also remain the same. There will be three(3)22"wide x 28"deep signs placed on the vehicle windows,with copy as follows: ENTER TO WIN HOTEL AND DISNEY PARK PASSES EVERY WEEK! (DETAILS INSIDE STAPLES) Each sign will be on white poster board,with red Iettering. 7777 Edinger Avenue. Suite wo, Huntington 8eacti. California 92647.360 i (/14) 897.2514 • FAX (714)894.7666 Sep 11 01 02: 33p Huntington Center 714HS476US P- � Ron Santos City of Huntington Beach Re: Permit 101-05 August 15,2001 Page: 2 A copy of my business card (below), indicates my position as Mall Manager/Marketing Director. I understand our public hearing will be scheduled for Wednesday,September 5,2001 for review of this Temporary Use Pemul. Please let me know if you have further questions. Cordially, Patricia Rogers Mall Manager(Marketing Director Pat Rogers,CLAD Manager/Marketing Director HUNTINGTON BEACH MALL 7777 Edinger Avenue,Suite 300 Huntington Beach,CA 92647-3601 Telephone 714-697-2534 Facsimile 714-a94.7686 HUNTINGTON BEACH MALL August 16, 2001 To: Ron Santos Fr: Pat Rogers,Mall Manager Re: Temporary Use Permit No:01-05 -Huntington Center Associates, LLC dba Huntington Beach Mall This letter is to request dates for a special promotional event to be approved,as follows: September 17,2001-December 31,2001 There will be three(3)22"wide x 28"deep signs placed on the vehicle windows, with copy as follows: ENTER TO WIN .I30TEL AND DISNEY PARK PASSES EVERY WEEK! (DETAILS INSIDE STAPLES) Each sign will be on white poster board,with red lettering. We.will NOT have a sign holder,as previously submitted-only the three(3)signs on the Jeep, In addition, we will place a bow on top of the Jeep,approximately 20"wide at the base, and 10"talI. The canopy that will be over the Jeep is 10'x10',and is 8-foot tall,but rises to a pitch in the center to be 10-foot tall. We plan to secure the canopy,so as not to blow in windy conditions. Our plan is to drill Boles into the parking lot(asphalt), and add cement to the holes, so as to secure the poles to the asphalt. If we believe that is not adequate when we set everything up, we will purchase the heavy cement"footings"to place the poles inside. 7777 Edingef Avenue. Suite 300. Huntington Beach. California 92647.3601 (714) 897-2534 #FAX (714) 894-7686 Sep 11 01 02: 40p Huntington Uenter 714+HU4716816 p. 1u "1 Ron Santos City of Huntington Beach Re: Permit 901-05 August 16, 2001 Page: 2 Our mall has 24-hour security:that includes mobile and foot patrol of the property-, and also a camera,surveillance system that staff can observe and record activity in the parking lots. We feel our regular security patrols and surveillance will be adequate to monitor any activity that would increase risk to the public. We also request,that if requested by the auto dealer, that we place stanchions around the Jeep vehicle, that would circle the Jeep,but remain inside the 1 Ox 10" area covered by the canopy. A copy of my business card(below), indicates my position as Mall Manager/Marketing Director. I understand our public hearing will be scheduled for Wednesday, September 5,2001 for review of this Temporary Use Permit. Please let me know if you have further questions. Cordially, Patricia Rogers Mall Manager/Marketing Director Pat Rogers,CMD Manager t Marketing ofrector HUNTINGTON BEACH MALL 7777 Edinger Avenue,Suite 30o Huntington Beach,CA 92647-3601 Telephone 714-897-2534. Facsimile 714-894-7686 HUNTING T ON BEACH MALL August 29, 2001 To: Ron Santos Fr: Pat Rogers,Mall Manager Re: Temporary Use Permit No. 01-05—Huntington Center Associates,LLC 7777 Edinger Avenue, #300,Huntington Beach CA 92647 Ron,per our phone conversation today,the promoter for the special promotion we applied for the above Permit has asked me to inquire about changing the location of the Jeep vehicle. Previously,we requested 3 parking spaces,adjacent to the Staples Store at Huntington Beach Mall. The promoter feels the display would be more visible if we can place the Jeep on the side walk,along side the Staples(South West wall), indicated on the attached diagram and photo. Attached is a diagram of the new location,with dimensions of the Jeep vehicle, and the pedestrian sidewalk with handicap ramps. My main concern is that we not have to cancel the September 5, 2001 Public Hearing,so that we can begin the display/promotion as planned,on September 17,2001. I would like to explore the possibility of being considered for the.Jeep to be displayed in this new location,at the nearest possible date. In other words, if we have to request an extension,we would go through the process of an additional public hearing,wait for the 10-day appeal period, and then re-locate the Jeep for the remainder of the 4 month approved period. Be advised, with the new proposed location for the Jeep display,we would NOT use the canopy over the vehicle,nor would we plan to place any other items around the Jeep(i.e. stanchions, sign holden). The jeep would simply have signs affixed to the windows on the car—indicating that people can enter to win inside Staples. Please let me know what questions you would have. 7777 Edinger Avenue. Suile 300. Huntington Beach. Caiitornia 92647.3601 (714) 897.2534 • FAX (714) 894.768E Y - t•��l.:rf �1 - rt, .dr' '�. ,'� �' � �•��� � .fit f 73: r.�a•--"'y��.,-�" tip`" LL i'� yy Cn b etc � Li ' eyt v6 N-P CD . o 4' v' 71'7" o� °.K :",•,4. � a '38'11 a �, bN,. m ;. 4 Z9 _ IDI aytk F. w:,;s•t: �'s= ;�. �.�'� .;._� ` 1;319G� : tip••. �? N 7`7`' 96 O rY f•SAy 9°•s' 60 �• 140 r.► 1 . -Pape V7' • p' ff' Ifs Sep 11 01 02: 41p Huntington Center 7148347686 pe14 July 18,2001 City of Huntington Reach Planning Department Re: Temporary Use Permit—Disney Promotion Attached are documents for review of our request for a Temporary Use Permit for a promotion,herein referred to as the Disney Promotion. The Huntington Beach Mall has contracted with Precision Marketing,Inc.,to host an event to give away(18)3 day/2 night deluxe condominium packages for two next to Disneyland and 2 all day adult passes to California Adventure. The Disney Promotion will be comprised of a display of a new Jeep,with a 10'x10' canopy over it,as well as two signs next to the Jeep,directing customers to enter to win inside Staples and other participating mall stores. The entry forms will be available inside the stores. Winners will be drawn by mall management over a 4-month period. There are 10 other malls participating in this Disney Promotion,but Huntington Beach Mall is the only Orange County venue. Of these 10 shopping centers,one name will be drawm from all entries to win a new Jeep. The display,will be ongoing 7 days a week,24-hours a day. Mall employees will ensure the Jeep display area is kept clean, as-well as the entry areas inside the participating stores. We have a total of 11 employees responsible for this task, scheduled 7 days a week, 24-fours a day. The promotion needs to run at least 4 months, and we would like to start on August 15, 2001,and run through December 31,2001. If the approval is delayed,i would request that we extend the ending date to be the end of the month that allows for a minimum of 4 months to promote(i.e.January 31). We will comply with all regulations concerning a car display,including disconnect of battery cables,drip pans tuider the engine,keeping a key on property,and low gas. There is no purchase necessary to win,but you must be 18 or older to be eligible. City of Huntington Beach AT'Af%URAt:K5T KI r- PJJ Planning Department Disney Prornotion July 18, 2001 Page: 2 The area designed to display the Jeep, canopy and 2 signs is located on the first ') parking spaces next to the Southeast of Staples store front. The parking spaces are 17-foot long, and will run 30-foot wide to allow for full use of the adjacent sidewalks, and keep people who are viewing the display out of the line of traffic. We will likely place stanchions around the vehicle. On July 18,we ordered the labels to send notices to the required 300-foot radius of the event. Please approve this request for Temporary Use Permit. i can be reached for additional information at(714) 897-2534. Cordially, Patricia Rogers,CMD Mall Manager si I h X l4n 14' Seep Urtjfr x 9 Selo 11 01 02: 42p Huntington Center 7148947SSS p. 16 mo 4- 1-71 ATT*&rWTAPMT Mn- PG' ATTACHMENT 5 PC Minutes October 9, 2001 Page 16 12.An encroachment permit shall be required for all work within the right-of-way. (PW) 13.A Certificate of Occupancy must be approved by the Planning Department and issued by the Building and Safety Department prior to occupying the building. B-4. ZONING TEXT AMENDMENT NO. 01-04(ENTITLEMENT PERMIT STREAMLINING): Applicant: City of Huntington Beach Request: To amend twelve (12) sections within nine (9) chapters of the Huntington Beach Zoning and Subdivision Ordinance, codify certain Planning Department policies and clarify sections of existing codes for streamlining purposes. The proposed amendments are intended to reduce the overall number of discretionary entitlement applications by allowing the use by right or having a lower level discretionary body-review the entitlement. Location: Citywide Project Planner: Rosemary Medel Zoning Text Amendment No. 01-04 request: - Amendment of twelve chapters of the Zoning and Subdivision Code and three sections of SP 5 (Downtown Specific Plan) - Entitlement permit streamlining of certain applications to the lower hearing body - Codify existing policies - Clarify certain sections of the Zoning and Subdivision Ordinance Staffs Recommendation: Approve Zoning Text Amendment No. 01-04 based upon the following: - Decreases processing time for applicants - Reduces application costs for the business community and residents - Provides excellent customer service - Encourages new businesses to locate in Huntington Beach Staff made a presentation to the Commission. Questions/comments included: ■ How is the public informed of decisions made by the Zoning Administrator or the Director of Planning? ■ What is the formula for sign permit fees? ■ Can a decision by a lower governing body be appealed? THE PUBLIC HEARING WAS OPENED: Dick Harlow, Huntington Beach Chamber of Commerce, spoke in favor of the item. He stated that approval would free up time, allowing staff to concentrate on more detailed projects and explore performance standards more completely. He also favors a reduction in entitlement fees, and reducing the entitlement application/process period. WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED. (01 pcm1009) PC Minutes October 9, 2001 Page 17 Discussion ensued regarding the entitlement process, including the public hearing notification and appeal process. Staff informed the Commission that it is the responsibility of the applicant to provide notification material (i.e. mailing labels) for public hearings affecting adjacent resident/business owners. Staff also explained the time allowed for interested parties to provide oral or written comments on entitlements before they are presented to a governing body, and the time provided for individuals to appeal an entitlement approved or denied by a governing body. The Commission suggested notifying higher governing bodies when a lower level discretionary body takes action on an entitlement in order to provide opportunity to file for appeal. Some Commission Members were in favor of increased notification, and others felt that in doing so, the permit streamlining process would be inhibited. A MOTION WAS MADE BY KERINS, SECOND BY SHOMAKER, TO APPROVE ZONING TEXT AMENDMENT NO. 01-04(ENTITLEMENT PERMIT STREAMLINING)WITH MODIFIED FINDINGS BY THE FOLLOWING VOTE: AYES: Hardy, Kerins, Shomaker, Mandic, Livengood, Kokal, NOES: Borden ABSENT: None ABSTAIN: None MOTION PASSED ZONING TEXT AMENDMENT NO. 01-04 FINDINGS FOR APPROVAL—ZONING TEXT AMENDMENT NO. 01-04: 1. Zoning Text Amendment No. 01-04 to amend certain sections of the Zoning and Subdivision Ordinance is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan because the amendments streamline entitlement processing for certain uses thereby furthering the City's development goals. 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 revises processing of entitlements and clarifies permitted uses within the zoning classifications. 3. A business community need is demonstrated for the change. The need for reduced processing time is desired by the business community and supported by the Chamber of Commerce. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice by codifying existing policies and creating a zoning and subdivision ordinance more reflective of City priorities. (01 pcm 1009) .. I by --4�.� y ,��1N�► �r Council/Agency Meeting Held: -19 -4 Deferred/Continued to: Approved ❑ Conditionally Approved d Denied + City ;r ' Signat Council Meeting Date: Novem er 19, 2001 Department ID Number: PL01-04 CITY OF HUNTINGTON BEACH otwd tip' a:!!w If REQUEST FOR ACTION 3.5.23 SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS 3s SUBMITTED BY: RAY SILVER, City Administrator�� PREPARED BY: HOWARD ZELEFSKY, Director of Planning C` 3 SUBJECT: APPROVE ZONING TEXT AMFNDUEENT NO. 01-04 (ENTITLEMENT PERMIT STREAMLINING.). , Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Transmitted for City Council review is Zoning Text Amendment No. 01-04 an amendment by the City of Huntington Beach to streamline the entitlement process, decrease processing time, create cost-savings for applicants, and most importantly improve customer service by allowing the review of a project by the lower hearing body. The Zoning Administrator would review certain applications currently heard by the Planning Commission and the Director of Planning would be given more discretionary approval. The Planning Commission approved the project and is recommending approval (Recommended Action - A) but recommends notification for five permit items that staff proposed to be approved without hearings or notification because the Planning Commission considers these items potentially controversial. Staff believes that the streamlining process should go further to assist the business and residential communities by including more discretionary permits for streamlining and does not support the additional notification. Staff recommends the City Council approve the amendments in concept (Recommended Action - B) and direct staff to prepare a revised ordinance expanding the list of proposed amendments for City Council action. g Funding Source: Not applicable. o — o rTt CD A n W = O n ..p D REQUEST FOR ACTION MEETING DATE: November 19, 2001 DEPARTMENT ID NUMBER: PL01-04 Recommended Action: -AAetier��e; T-NO - :=------jATTACHMENT.NO. 1).,, PianninQ Commission Action on October 9, 2001: THE MOTION MADE BY KERINS, SECONDED BY SHOMAKER, TO APPROVE ZONING TEXT AMENDMENT NO. 01-04, AND FORWARD TO CITY COUNCIL WITH FINDINGS FOR APPROVAL (ATTACHMENT NO. 2) CARRIED BY THE FOLLOWING VOTE: AYES: SHOMAKER, LIVENGOOD, MANDIC, HARDY, KERINS, KOKAL NOES: BORDEN ABSENT: NONE ABSTAIN: NONE MOTION PASSED B. STAFF RECOMMENDATION Motion to: "Approve Zoning Text Amendment No. 01-04 in concept with findings for approval (ATTACHMENT NO. 3) and direct staff to prepare revised ordinances and return to City Council for the first reading." ( p —� S -�, jj — get- qf� � gc�jdJ *i�j� S jo_)2, Alternative Action(s): The City Council may make the following alternative motion(s): 1. "Deny Zoning Text Amendment No. 01-04 with findings." 2. "Continue Zoning Text Amendment No. 01-04 and direct staff accordingly." PL01-34 -2- 11/14/2001 9:54 AM REQUEST FOR ACTION MEETING DATE: November 19, 2001 DEPARTMENT ID NUMBER: PL01-04 Analysis: A. PROJECT PROPOSAL: Applicant: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 Location: Citywide Zoning Text Amendment No. 01-04 is an amendment to the Huntington Beach Zoning and Subdivision Ordinance to streamline the entitlement process. The recommended items for streamlining are those that typically are approved without controversy and/or would not necessitate the preparation of a Planning Commission staff report, and could be adequately handled at the Zoning Administrator or Director level. The Zoning Text Amendment codifies existing polices and direction from the City Council in addition to clarifying certain sections of the HBZSO. The thirteen chapters and three sections of the Downtown Specific Plan that will be modified by this action are listed below; one additional chapter (underlined) is recommended by staff to expand the list as part of this streamlining proposal. ➢ Chapter 203 Definitions ➢ Chapter 204 Use Classifications ➢ Chapter 211 Commercial Districts ➢ Chapter 212 Industrial Districts ➢ Chapter 214 Public-Semipublic Districts ➢ Chapter 230 Site Standards ➢ Chapter 231 Off-Street Parking ➢ Chapter 233 Signs ➢ Chapter 236 Nonconforming Uses and Structures ➢ Chapter 241 Conditional Use Permits and Variances; Temporary Use Permits; Waiver of Development Standards ➢ Chapter 244 Design Review ➢ Chapter 250 General Provisions ➢ Chapter 257 Mergers ➢ SP 5 Downtown Specific Plan Districts 2,4 and 6 B. PLANNING COMMISSION MEETING AND RECOMMENDATION: On October 9, 2001, the Planning Commission held a public hearing to discuss Zoning Text Amendment No. 01-04. One person spoke in favor of the recommended changes as proposed. The Planning Commission discussed the legislative draft and voted to recommend approval of the ordinance as presented by Staff to the City Council for adoption with modifications. PL01-34 -3- 11/13/2001 3:00 PM f A _Z.y REQUEST FOR ACTION MEETING DATE: November 19, 2001 DEPARTMENT ID NUMBER: PL01-04 The Planning Commission is recommending that five of the uses changing from conditional use permit approval to Director approval (permitted use) require a minimum 10 day noticing to adjoining property owners, similar to the City's infill ordinance notification requirements. The five items are: ■ Eating and Drinking Establishments (greater than 300' from residential) • Live Entertainment (non-amplified only) • Outdoor Dining (less than 400 sq. ft. in area) • Personal Enrichment ■ Sign Code Exceptions (less than 10% deviation) The ordinance attached reflects the Planning Commission's action. C. STAFF ANALYSIS AND RECOMMENDATION: Zoning Text Amendment No. 01-04 was initiated to improve customer service. The proposed changes accomplish this objective by streamlining entitlement processes and codifying existing policies. Streamlining reduces processing time and fees by allowing entitlement requests to be heard by a lower hearing body, e.g., Zoning Administrator instead of Planning Commission. Codification of existing policies facilitates processing by providing clear direction on processes and requirements. The analysis below reviews the proposed amendments in the context of improving customer service while continuing to insure that existing residents and businesses are considered and protected via adequate review and noticing. The entitlement streamlining items recommended by the Planning Commission and supported by staff are analyzed in the attached Planning Commission report (Attachment No. 4). In general, they include reducing the number of conditional use permits required to be heard by the Planning Commission and the Zoning Administrator (ZA), increasing the number of variances that may be acted on by the ZA, changing criteria that trigger the need for an entitlement, and reducing the number of items that require Design Review Board action. The majority of the changes affect conditional use permits. Since the Planning Commission meeting, staff has identified 10 other conditional use permit items that are recommended for permit streamlining: banks with drive-up windows, bonafide restaurants with beer and wine sales, carts and kiosks, day care general, industrial custom, model homes, and primary health care. Because of the number of additional items recommended for the zoning text amendment, staff is recommending that City Council approve the list of additional items in concept only. Staff will return to City Council with an updated legislative draft incorporating the additional items to Zoning Text Amendment No. 01-04. PL01-34 -4- 11/13/2001 3:00 PM REQUEST FOR ACTION MEETING DATE: November 19, 2001 DEPARTMENT ID NUMBER: PL01-04 1. Land Uses Proposed for Reduced Processing Time In order to better illustrate the number of uses actually proposed for modification, staff generated a comprehensive list of most conditional use permit uses. The shaded and bolded items are those that are recommended by the Planning Commission for amendment. Items that are shaded, bolded and include an asterisk are the new items that staff recommends be added to the list of amendments. These additional changes are proposed because they are noncontroversial uses, criteria currently in the zoning code will regulate establishment of these items, and a lower hearing body can adequately review them. PERMIT STREAMLINING-CONDITIONAL USE PERMITS TYPE OF USE CURRENT REVIEW PROPOSED *PC-$3,430 ZA$1,105 REVIEW Additions to nonconforming structures PC ZA at existing nonconforming yard setbacks (RL, Rm, RMH, RH zones) Ambulance Services CG, IL zones ZA Animal Boarding (CG, IG, IL zones) PC ZA Animal Hospitals CG, IG, IL zones PC ZA Automobile Washing attended CG zone ZA Automobile Washing (unattended) (CG ZA zone * Banks and Savings & Loans with ZA P (Permitted) Drive-Up Service CO, CG, CV zones Bed & Breakfast Inns CO, CG, CV zones PC *Carts and Kiosks ZA P Clubs & Lodges not in RL or RM zones ZA Commercial Filming (IG, IL zones) ZA P Commercial Parking Facilities CG zone PC Commercial Recreation and Entertainment PC CG, CV zones Community and Human Services (CO, CG PC zones Condo Conversions (four to nine units-Res ZA zones Condo Conversions (ten or more — Res PC zones Convalescent Facilities CO, CG zones PC Cultural Institutions (CO, CG, CV, PS PC zones Day Care, Large Family (7-12 children ZA max.- Res zones PC- Planning Commission *Current Fees ZA—Zoning Administrator P—Permitted PL01-34 -5- 11/14/2001 10:31 AM REQUEST FOR ACTION MEETING DATE: November 19, 2001 DEPARTMENT ID NUMBER: PL01-04 PERMIT STREAMLINING-CONDITIONAL USE PERMITS TYPE OF USE CURRENT REVIEW PROPOSED *PC-$3,430 ZA$ 1,105 REVIEW *Day Care, Large Family(7-12 children PC (>2,500 sq. ft.) max. —commercial zones) ZA(52,500 sq. ft.) P Day Care, General (13 + children — Res. ZA Zones) PC if in RL zone Day Care, General (13 +children—IG, IL PC ZA zones Development of vacant land or initial ZA construction of buildings (CO, CG, CV, IG, IL zones Drug Abuse Centers CG zone PC Eating & Drinking Establishments with PC ZA(Amplified) live entertainment CG, IG, IL zones) P (Non-Amplified) Eating & Drinking Establishments with live PC entertainment and dancing (CG, IG, IL zones Eating & Drinking Establishments with P (> 300 ft.from R, PS zones) Alcohol Sales including liquor (CO, CG, CV ZA(<300 ft.from R, PS zones) zones *Eating & Drinking Establishments with P (> 300 ft from R, PS, P Alcohol Sales excluding liquor(beer& zones) wine only) (CG, CVzones) ZA(< 300 ft.from R, PS zones Eating & Drinking Establishments (IG, IL PC ZA zones Outdoor Dining in conjunction with ZA ZA(>400 sq. ft.) Eating & Drinking Establishments (CO, P (<400 sq. ft.) CG, CV zones Emergency Health Care (CO, CG zones) PC (> 2,500 sq. ft.) ZA < 2,500 s . ft. -Emergency Kitchens/Shelters CG zone ZA < 2,500 sq. ft. Equestrian Centers CG zone PC Food & Beverage Sales (IL zone) PC ZA► Funeral & Internment Services CG zone ZA Group Residential (RL, CO, CG, CV and IG PC zones -Heliports CO, CG, CV zones PC -Hospitals CO, CG, CV zones PC Hotels, Motels, Timeshares (CG, CV PC zones * Industrial Custom—small scale ZA P facilities CG, CV zones) PC- Planning Commission *Current Fees ZA—Zoning Administrator P— Permitted PL01-34 -6- 11/14/2001 10:30 AM REQUEST FOR ACTION MEETING DATE: November 19, 2001 DEPARTMENT ID NUMBER: PL01-04 PERMIT STREAMLINING-CONDITIONAL USE PERMITS TYPE OF USE CURRENT REVIEW PROPOSED *PC-$3,430 ZA$1,105 REVIEW Lot Line Adjustments CG, CV zone ZA P Major Utilities RL, CO, CG, CV, IG zones PC Minor Utilities RL, CO, CG, CV, IG zones PC Manufactured Home Parks RL zone ZA Marina OS zone PC Model Homes (Residential zones) ZA P Multifamily Residential (10 or more units) PC RL, CV zones Multifamily Residential (5-9 units) (RL, CV ZA(RL zone) zones) PC (CV zone) Non-City Government Offices PS zone PC Non-City Maintenance & Service Facilities PC CV zone Non-City Vehicle/Equipment Sales and ZA Service CG zone Nurseries CG zone ZA Park& Recreation Facilities (OS-PR, OS-S, PC OS-WR zones Park & Recreation Commercial Facilities ZA CO, CG, CV zones Pawn Shops CG zone ZA Personal Enrichment Services (CO, CG, PC (> 2,500 sq. ft.) ZA IG, IL zones) ZA L< 2,500 sq. ft. P Pet Cemetery CG zone PC *Primary Health Care (CO, CG zones) PC (> 2,500 sq. ft.) ZA ZA < 2,500 sq. ft.) P Privacy Gates ZA P Public Safety Facilities (RL, CO, CG, CV PC zones Religious Assembly CO, CG zones PC ZA * Religious Assembly (if the primary use PC ZA in an IG, IL zone Religious Assembly (if secondary use in an ZA IG. IL zone Research & Development Services ZA exceeding 2,500 sq. ft. in a CO zone (for any size in CG zone Residential Alcohol Recovery, General PC (CG zone Residential Care, General (RL, CO, CG PC zones PC- Planning Commission *Current Fees ZA—Zoning Administrator P— Permitted PL01-34 -7- 11/14/2001 10:31 AM REQUEST FOR ACTION MEETING DATE: November 19, 2001 DEPARTMENT ID NUMBER: PL01-04 PERMIT STREAMLINING-CONDITIONAL USE PERMITS TYPE OF USE CURRENT REVIEW PROPOSED *PC-$3,430 ZA$1,105 REVIEW Residential Hotel CG, CV zones PC Schools (with higher educational PC curriculums) (IG, IL zones Schools, Public or Private (RL, CO, CG PC zones Service Stations CG, CV, IG, IL zones PC -Single Room Occupancy CG, CV zones PC Swap Meets, indoor/Flea Markets (CG, /G, PC II zones Seasonal/Temporary Seasonal/Temporary Parking Lots ZA Tattoo Establishments CG zone PC Vehicle Sales & Rentals CG zone PC ZA *Vehicle Sale& Rentals (existing facility PC P proposing to expand up to 20% *Vehicle Sales & Rentals (CO zone) NIA ZA Vehicle Sales & Service PS zone PC *Vehicle Repair(Limited)(CG zone) ZA P Vehicle Storage IL zone ZA Visitor Accommodations IG, IL zones PC Warehouse and Sales Outlets (IG, IL PC zones Wetlands Maintenance, dredging, nature PC studies OS-PR zone Wireless Communication Facilities ZA 3r Story Height Increase or Decks (RL ZA zones PC- Planning Commission *Current Fees ZA—Zoning Administrator P— Permitted Processing time for PC applications being reduced to ZA review would be cut in half: from four to six months to two to three months. The CUP fee would drop from $3,430 to $1,105. Because these items would still require a CUP from the ZA, a public hearing would be held with required noticing of surrounding property owners and tenants as well as other interested parties. Processing time for ZA items being reduced to a Permitted use would be significantly reduced. In lieu of the standard two to three months for ZA items, the majority of these items could be approved at the Planning Counter. 2. Proposed Changes to Criteria that Trigger an Entitlement The second chart illustrates the list of amendments to various uses and changes of certain criteria that trigger an entitlement. The chart further illustrates that in certain instances it codifies existing policies, amends several of the Design Review Board and Temporary Uses PL01-34 -8- 11/14/2001 10:31 AM REQUEST FOR ACTION MEETING DATE: November 19, 2001 DEPARTMENT ID NUMBER: PL01-04 items. In addition to the CUP items, the Zoning Text Amendment proposes to increase the variance deviation that may be heard by the ZA from 10 to 20 percent. Currently, the Planning Commission is required to hear all variance requests that exceed a 10 percent deviation from code requirements; the ZA hears variance requests equal to or less than 10 percent. Staff is proposing further modifications to this category to include the allowance of a 10% reduction in parking should substantial landscaping improvements occur on development with more than one use and have a minimum of fifty (50) parking spaces. The Director's responsibilities include the administering, interpreting and enforcing all requirements and standards of the code. The proposed amendments expand the list of permit review from the Zoning Administrator to the Design Review Board or the Planning Director. The Director or designee may approve Administrative Permits (AP) that meet the requirements of the code. PERMIT STREAMLINING DEVELOPMENT STANDARDS—PROPOSED AMENDMENTS USEISTANDARD CURRENT PROPOSED REVIEW REVIEW Fencing along arterials over six (6) feet high ZA P (Permitted) with approval of Building Permit Parking reduction from the total number of PC/ZA AP (Administrative Permit) required spaces For sites < 50 parking spaces: up to 5 reduction. For sites exceeding 50 parking spaces: up to 10% reduction if substantial landscaping improvement. Planned Sign Programs DRB AP Sign Code Exceptions ZA (any deviation in AP (if design guidelines standards) exist) DRB (if not design guidelines) Temporary Use Permits ZA ZA >48 hours > 72 hours Waiver of Development Standards AP AP (< 10% deviation for (adds < 10% deviation for setbacks, open space height of buildings or and landscaping) fences, site coverage and building separation) Mergers ZA AP Downtown SP 5, Single Family Homes DRB AP 3. Notification and Appeal Procedures Because of the concern raised by the Planning Commission regarding the notification of certain applications, staff has included information on the notification and appeal process to provide clarification on the subject matter and illustrate the process. PL01-34 -9- 11/13/2001 3:00 PM REQUEST FOR ACTION MEETING DATE: November 19, 2001 DEPARTMENT ID NUMBER: PL01-04 Action on any item may be appealed pursuant to Chapter 248 of the ZSO. Decisions of the Planning Director, Zoning Administrator and Design Review Board may be appealed to the Planning Commission. Planning Commission decisions may be appealed to the City Council. The City's Notice of Action letters include information on how a decision may be appealed. In addition, a handout explaining the appeal process is available at the Planning Counter. Zoning Text Amendment No. 01-04 does not propose any change to the City's appeal procedures. Projects Subject to Notice Requirements ➢ Planning Commission, Zoning Administrator and Subdivision Committee items ➢ Notification for Design Review Board items is required for projects at the discretion of the Planning Director. ➢ Community meetings (these are optional and held for large or controversial projects) ➢ Public comment periods for environmental documents (EIRs, Negative Declarations) ➢ Infill Lot Developments 4. Revenue Analysis An analysis has been performed to determine what the difference would be in conditional use permit application fees collected by the City should this text amendment be adopted. In the past three years, as an example, the Planning Department processed 207 conditional use permits. Using the fees in place prior to October 15, 2001, the following chart compares the total revenue generated by these conditional use permits based upon our current code and what the fees would be if the City were to process 207 CUP applications following the adoption of this text amendment: 207 CONDITIONAL USE PERMITS 1999-2001) PC ZA Permitted Total Total Fees CUP's CUP's No Fee Collected Current Code 58 149 - 207 $ 293,890 Proposed Text 41 151 15 207 $ 247,430 Amendment The difference in total application fees collected between the City's current code requirements and the proposed text amendment for 207 CUP applications is $46,460. The primary difference stems from those applications reduced from Planning Commission review to Zoning Administrator review. SUMMARY: Zoning Text Amendment No. 01-04 as proposed in concept modifies the Huntington Beach Zoning and Subdivision Ordinance, including sections of the Downtown Specific Plan, for the PL01-34 -10- 11/13/2001 3:00 PM REQUEST FOR ACTION MEETING DATE: November 19, 2001 DEPARTMENT ID NUMBER: PL01-04 purpose of improving customer service by streamlining the entitlement process. The recommended text amendments as further proposed by staff are those that provide relief to the business community and residents while ensuring that issues of neighborhood compatibility, aesthetics, etc. still receive adequate consideration. Staff recommends that Zoning Text Amendment No. 01-04 be approved in concept for the following reasons: ➢ Decreases processing time for applicants ➢ Reduces application costs for the Business Community and Residents ➢ Provides excellent customer service ➢ Encourages new businesses to locate in Huntington Beach Staff will return to City Council with the legislative draft reflecting the additional entitlements suggested for streamlining. Environmental Status: The proposed project is categorically exempt pursuant to Class 20, City Council Resolution No. 4501, which supplements the California Environmental Quality Act. Attachment(s): City Clerk's Page Number No. Description 1. Ordinance Nos. 3jo20 - 302 (PC Recommendation) including 2 legislative draft. 13 Gh-a."re� 4ecp ,) 3 Findings of Approval (PC Recommendation) 4 Findings of Approval (Staff Recommendation) 5 Planning Commission Staff Report dated October 9, 2001 Planning Commission Minutes dated October 9, 2001 RCA Author: Rosemary Medel/Mary Beth Broeren PL01-34 -11- 11/14/2001 10:03 AM ion j1bvNPA (10) November 19, 2001 - Council/Agency Agenda- Page 10 IN D-2. .(City Council) Public Hearing to Consider Zoning Text Amendment No. 01-04 (City Wide Entitlement Permit Review Process Streamlining) by Amending 13 Chapters of the Huntington Beach Zoning and Subdivision Code and Sections of the Downtown Specific Plan —Approve Introduction of Ordinance Nos. 3520 through 3532 Inclusive (13 Ordinances) (640.10) Communication from the Planning Director. Public hearing to consider the following: Applicant: City of Huntington Beach Request: To amend 13 chapters within the Huntington Beach Zoning and Subdivision Ordinance and three sections of the SP5 Downtown Specific Plan, codify certain Planning Department policies and clarify sections of existing codes for streamlining purposes. The proposed amendments are intended to reduce the overall number of dscretionary entitlement applications by allowing the use by right or having a lower level discretionary body review the entitlement. Location: City-wide Environmental Status: Notice is hereby given that Zoning Subdivision Ordinance No. 01-04 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 ofthe staff report will be available to interested parties at the City Clerk's Office after Friday, November 16, 2001. All interested persons are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court,you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at,or prior to,the public hearing. If there are any further questions please call the Planning Department at 714-536-5271 and refer to the above items. Direct your written communications to the City Clerk. 1. Staff Report 2. City Council discussion 3. Open public hearing 4. Following public input,close public hearing Recommended Action: Approve Zoning Text Amendment No 01_04 with flndings for approval as set forth on (AttaGhment Nn 2) to the Request for AGtion dated November 19 2001 and , titles,after the Gity Clerk reads by appFeve of the following ordinanGes (AttaGhmnnt No. 1) to the Request for (`n�inril Ar•tinn ripti;d Alovemher 19, 2001 Huntington BeaGh Zoning and Subadivission QrdainaRGe by Amending Chapter-203 TheFeiq Relating to Definftions,"apA (Continued on Next Page) AMON O&A (11) November 19, 2001 - Council/Agency Agenda- Page 11Ordinance No. 2521 -"4p Qr4inawe of the City of Huntington SeaGh Amending Huntington BeaGh Zoning and Subdivision QFdinanGe by Amending GhapteF 204 I� 1N Relating to 1-1-se COSS , Huntington BeaGh Zoning and Subdivision QFdinanGe by Amending Chapter-211 C TheFeef Relating to Ga.m.merp-OW ,, and Relating to Ind__u_rW_QI ,, Huntington BeaGh Zoning and SubdAlission O-rd-inanGe by Amending Chapter-214 PS and OFdonance No. 3-5-216 - "An OF-dinanGe Of the City of Huntington BeaGh Amending Huntington _R&;r_h 7opi g and Subdivision Ord! anGe by Amending Chapter-234 Theme Relating to Off Street P_aFking and Leading P-r-ovision&,,"and Relating to Site Standards,"and Relating to V@Fious Use PeFmits and "ver of Development StandaF4sland 4n C)Fd�qanG9 Of the City of Huntington BeaGh Amending City of Huntington Bear-h A mAndin the Relating to Design Review,"and Ap Ordin;RnGe Of the An OrdinanGe Of the City of Huntington Beanh A mendip the Relating to General Provisions, "and Huntington B@aGh Zoning and Subdivision QFdinanGe by Angending Chapter-257 Theree OR (Continued on Next Page) A5A AbVO (12) November 19, 2001 - Council/Agency Agenda- Page 12 IN [Planning Director presented PowerPoint report (Late Communication)] l l [Public hearing opened and Closed] (Motion to: Return to Planning Commission in order for Planning Commission to review and then re notice for public hearing to Council [FAILED 3-4(Julien Houchen, Garofalo, Dettloff, Bauer No)] (1) B. Staff Recommendation: Motion to: Approve Zoning Text Amendment No. 01-04 in concept with findings for approval (Attachment No. 3) and direct staff to prepare revised ordinances and return to City Council for the first reading. [As approved with amendment to include from page D-2.4 of the staff report as follows: The Planning Commission is recommending that five of the uses changing from conditional use permit approval to Director approval (permitted use) require a minimum 10 day noticing to adjoining property owners, similar to the City's infill ordinance notification requirements. The five items are: • Eating and Drinking Establishments (greater than 300" from residential) • Live Entertainment (non-amplified only) • Outdoor Dining (less than 400 sq. ft. in area) • Personal Enrichment • Sign Code Exceptions (less than 10% deviation) (2) Directed staff to inform City Council of the schedule of Planning Commission study sessions. [Approved (1) and (2) 6-1(Boardman No)] STAFF RECOMMENDATION SUGGESTED FINDINGS ZONING TEXT AMENDMENT NO. 01/04 SUGGESTED FINDINGS FOR APPROVAL—ZONING TEXT AMENDMENT NO. 01-04: 1. Zoning Text Amendment No. 01-04 to amend certain sections of the Zoning and Subdivision Ordinance is consistent with the objectives,policies, general land uses and programs specified in the General Plan and any applicable specific plan because the amendments streamline entitlement processing for certain uses thereby furthering the City's development goals. 3. 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 revises processing of entitlements and clarifies permitted uses within the zoning classifications. 4. A business community need is demonstrated for the change. The need for reduced processing time is desired by the business community and supported by the Chamber of Commerce. S. Its adoption will be in conformity with public convenience, general welfare and good zoning practice by codifying existing policies and creating a zoning and subdivision ordinance more reflective of City priorities. 6. The inclusion of more discretionary permits is of great benefit to the business community by expanding on the number of projects that could be reviewed at a reduced processing time. (01 sr44)- 10/9/01 Attachment No. 1.1 ATTACHMENT 3 ATTACHM- -ENT I ATTACHMENT 4 �� City_of Huntington Beach Planning Department ' 'AFF REPORT --::NUN'11NGTON BEACH - - TO: Planning Commission FROM: Howard Zelefsky, Director of Plannmi BY: Rosemary Medel, Associate Planner DATE: October 9,2001 SUBJECT: ZONING TEXT AMENDMENT 01-04(Entitlement Permit Streamlining) APPLICANT: City of Huntington Beach LOCATION: Citywide STATEMENT OF ISSUE: • Zoning Text Amendment No. 01-04 request: - Amendment of twelve chapters of the Zoning and Subdivision Code and three sections of SP 5 (Downtown Specific Plan) - Entitlement permit streamlining of certain applications to the lower hearing body - Codify existing policies - Clarify certain sections of the Zoning and Subdivision Ordinance • Staff s Recommendation: Approve Zoning Text Amendment No. 01-04 based upon the following: - Decreases processing time for applicants - Reduces application costs for the business community and residents - Provides excellent customer service - Encourages new businesses to locate in Huntington Beach RECOMMENDATION: Motion to: "Approve Zoning Text Amendment No. 01-04 with findings (Attachment No. 1) and forward to City Council for adoption." ALTERNATIVE ACTION(S): The Planning Commission may take alternative actions such as: A. "Deny Zoning Text Amendment No. 01-04 with findings and forward to City Council." B. "Continue Zoning Text Amendment No. 01-04 and direct staff accordingly." PROJECT PROPOSAL: Zoning Text Amendment No. 01-04 is an amendment by the City of Huntington Beach to streamline the entitlement process, decrease processing time, create cost-savings for applicants, and most importantly improve customer service by allowing the review of a project by the lower hearing body. The Zoning Administrator would review certain applications currently heard by the Planning Commission and the Director of Planning would be given more discretionary approval. The items selected for streamlining are those that typically are approved without controversy and/or should not necessitate the preparation of a Planning Commission staff report, i.e.,could be adequately handled at the Zoning Administrator or Director level. The Zoning Text Amendment codifies some existing polices and direction from the Planning Commission in addition to clarifying certain sections of the code. The amendments affect twelve chapters of the Huntington Beach Zoning Subdivision Ordinance(ZSO) and three sections of SP 5 (Downtown Specific Plan)as listed below. The legislative draft is provided in Attachment No. 3. ➢ Chapter 203 Definitions ➢ Chapter 241 Conditional Use Permits and ➢ Chapter 204 Use Classifications Variances; Temporary Use Permits; ➢ Chapter 211 Commercial Districts Waiver of Development Standards ➢ Chapter 212 Industrial Districts ➢ Chapter 244 Design Review ➢ Chapter 214 Public-Semipublic Districts ➢ Chapter 250 General Provisions ➢ Chapter 230 Site Standards ➢ Chapter 257 Mergers ➢ Chapter 231 Off-Street Parking ➢ Specific Plan No. 5 Downtown Specific ➢ Chapter 233 Signs Plan, Districts 2,4 and 6 Backamund The last comprehensive change to the ZSO occurred in 1994. That revision incorporated state law mandates, deleted conflicts in the code and streamlined the permit process. A major goal of the ordinance revision was to reduce the level of review from Planning Commission to the Zoning Administrator. The topic of permit streamlining resurfaced again in 1999,in response to comments from the business community and residents. Accordingly, on November 17, 1999, during a special meeting with City Council, staff discussed a list of amendments for various entitlement applications to improve processing time. Staff generated the list of suggested amendments upon meeting with both the Chamber of Commerce and the Director of Organizational Effectiveness. City Council directed staff to proceed with a zoning text amendment for the various items. The list of proposed amendments was first reviewed by the Planning Commission at the June 12, 2001 study session. The Planning Commission requested additional information on the appeal process and requested that staff provide copies of the legislative draft to the Chamber of Commerce and Huntington Beach Tomorrow for review and comment. The Chamber of Commerce submitted a letter in support of the suggested amendments on July 17,2001. The Planning Commission held three additional study sessions on the legislative draft on July 24t', August 10 and September 11 t'. The review resulted in various changes to the legislative draft. PC Staff Report- 10/9/01 2 (01 sr44) ISSUES: General Plan Conformance: The proposed project is consistent with the goals and policies of the City's General Plan as follows: A. Land Use Element Goal LU 7: Achieve a diversity of land uses that sustain the City's economic viability,while maintaining the City's environmental resources and scale and character. The proposed amendments, by decreasing permit processing time, will encourage new businesses to establish in Huntington Beach adding to the depth and diversity of the city's business stock. Policy LU 13.1.2: Allow for the continuation of existing and development of new religious facilities in any land use zone where they are compatible with adjacent uses and subject to the City review and approval. By allowing conditional use permits for religious facilities to be heard by the Zoning Administrator instead of the Planning Commission,the city will facilitate improvements to existing facilities. B. Housing Element Policy HE 4.1.3: Review all regulations,ordinances, departmental processing procedures, and residential fees related to rehabilitation and/or construction to assess their impact on housing costs, and revise as appropriate. The proposed text amendments fulfill this policy by streamlining the review process for single family homes in the Downtown Specific Plan area-allowing them to be approved by the Planning Director and eliminating the requirement for Design Review Board. C. Economic Development Element Policy ED 2.4.1: Encourage and assist existing and potential commercial owners to modernize and expand their commercial properties. Policy ED 2.5.1: Encourage and assist existing and potential industrial owners to update, modernize and expand their industrial properties. The proposed streamlining would increase the size of additions that could be approved by the Planning Director from 5,000 to 10,000 square feet, assuming certain criteria are met,thereby reducing processing time and application fees and encouraging businesses to remain or locate in the city. The amendments would also improve processing time for vehicle sales operations by allowing review by the Zoning Administrator in lieu of the Planning Commission. PC Staff Report-10/9/01 3 (01 sr44) Zoning Compliance: The zoning text amendment changes existing standards within the code to improve permit processing. 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. Coastal Status: This project would be considered a minor amendment to the City's Local Coastal Program and will be forwarded to the California Coastal Commission with other minor amendments. Redevelopment Status: Not applicable. Design Review Board: Not applicable. Subdivision Committee: Not applicable. Public Notification: Legal notice was published in the Huntington Beach/Fountain Valley Independent on September 27, 2001, and notices were mailed out to individuals/organizations requesting notification(Planning Department's Notification Matrix) and interested parties. As of October 4, 2001, no communication supporting or opposing the request has been received in response to the hearing notice. ANALYSIS: Zoning Text Amendment No. 01-04 was initiated to improve customer service. The proposed changes accomplish this objective by streamlining entitlement processes and codifying existing policies. Streamlining reduces processing time and fees by allowing entitlement requests to be heard by a lower hearing body,e.g., Zoning Administrator instead of Planning Commission. Codification of existing policies facilitates processing by providing clear direction on processes and requirements. The analysis below reviews the proposed amendments in the context of improving customer service while continuing to insure that existing residents and businesses are considered and protected via adequate review and noticing. The analysis is generally organized according to the proposed process or text changes, see Sections A-E,with a brief review of the City's appeal procedures provided in Section G. PC Staff Report- 10/9/01 4 (01 sr44) A. Planning Commission Items Proposed for Zoning Administrator Consideration The following items currently require a conditional use permit(CUP)before the Planning Commission but,as proposed, would be heard by the Zoning Administrator(ZA). ■ Animal Boarding(Attachment Nos.3.8,3.15) • Animal Hospitals (Attachment Nos.3.8,3.15) • Food and Beverage Sales(Attachment No.3.15) ■ Live Entertainment;except as proposed in Section B (Attachment Nos.3.8,3.15) ■ Personal Enrichment in spaces greater than 2,500 sq. ft.; for smaller areas see Section B (Attachment Nos. 3.8,3.10) ■ Religious Assembly(Attachment Nos.3.7,3.20) ■ Vehicle Equipment Sales and Rentals(Attachment No.3.9) Processing time for these applications would be cut in half. from four to six months to two to three months. The CUP fee would drop from $3,430 to$1,105 pursuant to the fee schedule that becomes effective on October 15t'. Because these items would still require a CUP from the ZA, a public hearing would be held with required noticing of surrounding property owners and tenants as well as other interested parties. These items are recommended for reduced processing for several reasons. First, issues related to these uses are relatively straightforward and could be adequately handled at the ZA level. Staff believes that because these items would still be subject to a public hearing,any potential neighborhood concerns would be provided with full consideration. Second, improving processing time would encourage existing and new auto dealers to either improve or locate businesses in Huntington Beach, which protects and creates jobs and improves the city's sales tax base. Lastly,religious assembly uses,which are non-profit organizations, will benefit from the reduced costs. In addition to the CUP items, the Zoning Text Amendment proposes to increase the variance deviation that may be heard by the ZA from 10 to 20 percent(Attachment No. 3.36). Currently, the Planning Commission is required to hear all variance requests that exceed a 10 percent deviation from code requirements; the ZA hears variance requests equal to or less than 10 percent. Using the front yard setback for a single-family home as an example, if a homeowner requested a setback of 12 feet in lieu of the required 15 feet,the variance request for three feet(20 percent)would currently require Planning Commission action. As proposed,this request could now be heard by the ZA. Staff recommends the proposed increase because it provides relief for minor deviations while ensuring Planning Commission review of more significant variance requests. Similar to the CUP items discussed above,processing time would be cut in half, processing fees would drop from$1,335 to $965, and a public hearing would still be required. PC Staff Report- 10/9/01 5 (01 sr44) B. Zoning Administrator Items Proposed for Director Consideration The following items currently require approval by the ZA but, as proposed,would be acted on by the Planning Director. ■ Eating and Drinking Establishments if no alcohol sales and no drive-thru(Attachment Nos. 3.8,3.10) ■ Live Entertainment if greater than 300 ft. from residential zone or use and non-amplified(Attachment Nos. 3.8,3.13, 3.15, 3.18) ■ Lot Line Adjustments (Attachment No. 3.41) ■ Mergers(Attachment Nos.3.43,3.44) ■ Outdoor Dining if 400 sq. ft. or less and no alcohol sales(Attachment No. 3.13) ■ Personal Enrichment in spaces equal to or less than 2,500 sq. ft. (Attachment Nos. 3.8,3.10) ■ Privacy Gates(Attachment Nos. 3.29, 3.30) • Sign Code Exceptions for 10%or less deviation; for greater than 10% see Section C (Attachment No. 3.32) Processing time for these applications would be significantly reduced. In lieu of the standard two to three months for ZA items,the eating and drinking establishment, live entertainment,outdoor dining,personal enrichment and sign code exception requests could be approved at the planning counter. Lot line adjustment and lot merger requests would require review by the Public Works Department but could be processed within one month. Privacy gates would be approved at the planning counter or taken in for further review,depending on the nature of the request,with approvals within one month. Fees for these requests would also be reduced. As an example,the CUP fee of$1,105 for eating and drinking establishments,live entertainment, outdoor dining,personal enrichment and privacy gates would no longer be required. With the exception of lot line adjustments, which are non-public hearing items,and eating and drinking establishments with 12 or fewer seats,which are currently approved by the Planning Director, the requests in this group currently require public hearings before the ZA. The proposed Zoning Text Amendment would eliminate that requirement by allowing all items to be approved by the Planning Director. These items do not generate concerns or complaints at ZA hearings;therefore, staff does not believe that hearings are typically necessary. However, the Planning Director would be able to refer an item to the ZA if there were concerns about a particular request. In terms of the specific items listed above, staff is recommending that the requirement for eating and drinking establishments with more than 12 seats to obtain a CUP be deleted. However, if such an establishment proposed alcohol sales or a drive-thru, a CUP would still be required to insure compatibility with the surrounding area. Staff believes that the proposed criteria that would be required for a live entertainment or outdoor dining use to be approved without a public hearing are sufficient protection. Moreover,these types of live entertainment requests,e.g. non-amplified piano at a restaurant, are not a source of neighborhood complaints. Personal enrichment uses, e.g., instructional uses such as dance, would still be required to comply with parking requirements and have been compatible tenants in the shopping centers where they typically locate. Mergers are comparable with lot line adjustments in terms of issues; given that lot line adjustments are non-public hearing items now, review by the Director is sufficient. The 10 percent deviation for signs is minor and would not result in a noticeable increase in PC Staff Report- 10/9/01 6 (01 sr44) signage nor one that would impact surrounding properties. Lastly,requests for privacy gates would be required to meet certain criteria as set forth in the Zoning Text Amendment to ensure adequate design and would be reviewed by the necessary departments. Staff does not think that approval of these items without public hearings would result in any negative or unintended consequences for residents or businesses. C. Items affecting Design Review Board The following items currently require review by the Design Review Board(DRB)with a recommendation to the Planning Director and, as proposed,would require Planning Director action only. ■ Planned Sign Programs(Attachment Nos. 3.33,3.34) ■ Single Family Homes in the Downtown Specific Plan Area(Attachment Nos. 3.46,3.47, 3.49) ■ Signs in Specific Plan Areas that have Design Guidelines for Signs (Attachment No. 3.33) Processing time for these applications would be cut in half: from one to two months to one to four weeks. The DRB fee of$630 would no longer be required. There would be no change in noticing requirements as DRB items are typically not noticed meetings. The City's adopted Urban Design Guidelines provide staff with additional tools to achieve the City's goals for design of homes and signs, making DRB action on the first two items generally unnecessary. DRB action on the last item is redundant because the design guidelines that would be used to evaluate a sign request in a specific plan area would have been previously approved by the DRB. The Planning Director would have the option of referring items to the DRB as needed,for example in the case of a significant project. In addition to the above, staff is recommending that sign code exceptions for deviations that exceed 10 percent be considered by the DRB in lieu of the ZA (Attachment Nos. 3.32, 3.39). This change would reduce processing time by approximately one month and reduce the fee from$820 to $630. A public hearing would no longer be required. These requests do not generate public comments and are fairly limited in number since the City's standards for signs were modified in 1997. Staff believes that DRB consideration is the appropriate level of review. D. Proposed Changes to Criteria that Trigger an Entitlement The following items currently require ZA review if certain criteria are met. The Zoning Text Amendment increases the criteria such that fewer requests would require ZA review and would instead be acted on by the Planning Director. ■ Additions to Commercial/Industrial Buildings: Increases size of addition from 5,000 sq. ft. to 10, 000 sq.ft. (Attachment Nos. 3.12,3.17) ■ Fences/Walls: Increases height from 6 to 8 ft. for rear& side yards along arterials(Attachment No. 3.24) ■ Parking:Allows up to a 5 space reduction(Attachment No. 3.27) ■ Temporary Uses: Increases duration from 48 hrs. to 72 hrs. (Attachment Nos.3.4,3.5, 3.37) ■ Waiver of Standards: Adds separation between buildings, height of buildings or fences and site coverage to existing list. (Attachment No. 3.38) PC Staff Report- 10/9/01 7 (01 sr44) Processing time for those applications that are below the new criteria would be significantly reduced. Instead of a two to three month process, most applications would be approved at the Planning Counter. The CUP and Variance fees of$1,105, $455 (fences),and $965, depending on the request,would no longer be required. Public hearings would no longer be required. Because these items are so different, a brief discussion of each is provided below. Additions to Commercial/Industrial Buildings A review of the legislative draft for additions to commercial or industrial buildings shows that while an addition of up to 10,000 sq. ft. could be permitted without a CUP,the request would have to meet other criteria to benefit from that exemption. Specifically,the addition would have to be less than 50 percent of the existing building's floor area and would have to be greater than 300 feet from a residential zone or use. For example,an existing 40,000 sq. ft. building that was located 305 feet from a residential zone or use would be able to add 10,000 sq. ft. without a CUP, but a 20,000 sq. ft.building in the same location would not. These criteria have been City policy since 1996,but staff is recommending that the threshold for an addition be increased from 5,000 sq. ft. to 10,000 sq. ft.to provide relief to the business community. Staff believes that the combined criteria ensure that surrounding properties would not be negatively impacted. In addition,the California Environmental Quality Act(CEQA)threshold for additions to commercial/industrial buildings that are exempt from CEQA is 10,000 sq. ft. FenceslWalls The genesis of this recommended change is comments from the Planning Commission regarding aesthetics along arterial streets where property owners have added fence extensions, usually without permits. By allowing property owners to extend the height of walls along arterial streets up to eight feet without a CUP,they will be more inclined to obtain permits which results in safer walls and walls that are more aesthetic. Criteria have been included in the legislative draft to address these issues and require that property owners maintain existing or proposed landscaped planters. Parking Staff is recommending that the Planning Director be given discretion to approve up to a five space parking reduction for a change of use,provided that the criteria listed in the legislative draft are met, to provide relief to the business community. Most of the city's older shopping centers are parked at a one space per 200 sq. ft. ratio. If a doctor's office wanted to locate in such a center additional parking would normally be required(1:175). The recommended change provides flexibility that assists future tenants and shopping center owners with negligible impact to a site's overall parking situation. Temporary Uses Temporary uses,without live entertainment, are approved at the Planning Counter for up to 48 consecutive hours and limited to once every 3 months. Staff is recommending that the duration be increased to 72 consecutive hours. Examples of these types of uses are car washes and flower sales at Mother's Day and Valentine's Day. There are no other changes proposed to the approval process for temporary uses. In other words,temporary uses that exceeded three days or included live entertainment would still require a CUP from the ZA. PC Staff Report- 10/9/01 8 (01 sr44) Attached to the staff report is correspondence from the Huntington Beach Mall requesting that the City consider reducing the processing time for temporary uses. The standard processing time for ZA items is two to three months. Because these permits are discretionary,the application requires public hearing notification and review by various departments. The letter suggests that the current process creates a financial burden on the business community by delaying the decision making process. The proposed legislative draft does not eliminate the CUP requirement for certain temporary uses. However, after initial ZA approval, if an applicant applies for a CUP the next year for the same event and there were no significant impacts as a result of the initial event, staff usually recommends that the CUP approval cover up to a five year period. The letter also suggests that consideration be given to events in established shopping centers. The Planning Commission may wish to add these types of events to those that can be approved at the Planning Counter with specified criteria,e.g. limit the duration to seven days. Members of the Planning Commission have suggested that certain temporary uses approved at the Planning Counter,such as temporary weekend sales,be added to the list of projects required to provide notification to surrounding property owners/tenants. Staff does not support this suggestion because noticing would increase processing time,increase costs for the applicant and eliminate over the counter approvals by the Director,thereby defeating the intent of the streamlining process. Staff is also not aware of a consistent problem with these types of events that would warrant such notification. Waiver of Development Standards The ZSO currently allows the Planning Director to waive development standards for setbacks, open space and landscaping if the waiver improves project design and does not exceed a 10 percent deviation from the code requirement. Staff recommends that separation between buildings,height of buildings or fences and site coverage be added to the list. This improves flexibility in designing projects and speeds the approval process. E. Codify Existing Policy Existing policy memos for the following items would be codified with the Zoning Text Amendment. Streamlining is also proposed for these items and is discussed in Sections A-D above. ■ Additions to Commercial/Industrial Buildings(Attachment Nos.3.12, 3.17) ■ Outdoor Dining(Attachment No.3.8) ■ Personal Enrichment (Attachment No.3.10) ■ Temporary Uses(Attachment Nos. 3.4,3.5,3.9,3.16,3.18, 3.37) The City's policy memos for the first three items have been in effect since 1996; the policy for temporary uses has been in effect since 1995. By codifying these policies, processing information is more easily accessible by applicants,which assists them in project planning and improves customer service. F. Appeal Procedures Action on any item may be appealed pursuant to Chapter 248 of the ZSO. Decisions of the Planning Director,Zoning Administrator and Design Review Board may be appealed to the Planning Commission. Planning Commission decisions may be appealed to the City Council. The City's Notice of Action letters PC Staff Report- 10/9/01 9 (01 sr44) include information on how a decision may be appealed. In addition, a handout explaining the appeal process is available at the Planning Counter. Zoning Text Amendment No. 01-04 does not propose any change to the City's appeal procedures. SUMMARY: Zoning Text Amendment No. 01-04 modifies the Huntington Beach Zoning and Subdivision Ordinance, including sections of the Downtown Specific Plan, for the purpose of improving customer service by streamlining the entitlement process. The recommended text amendments are those that provide relief to the business community and residents while ensuring that issues of neighborhood compatibility, aesthetics, etc. still receive adequate consideration. Staff recommends that the Zoning Text Amendment No. 01-04 be approved for the following reasons: ➢ Decreases processing time for applicants ➢ Reduces application costs for the Business Community and Residents ➢ Provides excellent customer service ➢ Encourages new businesses to locate in Huntington Beach ATTACHMENTS: 1. Suggested Findings of Approval 2. Draft Ordinance 3. Legislative Draft 4. Chamber of Commerce letter dated July 17, 2001 5. Huntington Beach Mall letter dated September 11, 2001 SH:HF:RM:rl (01 sr44) PC Staff Report- 10/9/01 10 (01 sr44) i7 :s.t5 iii? - 'l• i; HUNTINGTON BEACH.. CH�BEI��Q COMMERCE Jul, 17, 3v0/1 Ali. Howard Zelefsky Mannine. Director City of Huntington Beach Huntington Beach, Ca. 9264E SUBJECT: Proposed Entitlement Streamlining Dear Howard: The Chamber's Community Development Committee recently reviewed staffs proposed Entitlement Streamlining Revisions contained in your correspondence of June 28, 001 and supports the staffs recommendations.. Our committee wishes to express their appreciation to staff for being included in the review process and having the opportunity to provide input. We support the recommended changes for the following reasons: a. The changes will be helpful to small business by shortening the processing time and allowing them to open their establishments faster. b. The fee reductions sends a good message to the business community. c. The recommendations will free up staff time which can be devoted to larger and more significant projects. Our committee also encourages the review process to continue and go future by considering establishing performance standards to allow staff to review and approve projects administratively(similar to the McDonnell Centre Business Park Specific Plan). This process could also facilitate applications to the Planning Commission and Zoning Administrator to be processed faster and will allow the Planning Commission to focus their efforts on m_Wr"plinning issues, long range plans and economic development. Thanks again, we look forward to working with you on future issues. Sincerely, o Riddell, GCE resident 2100 Main Street,Suite 200 Huntington Beach,CA 92648 714/536-8888 •CNDITEp ji'sc..='r'q E a'�w�cA �.d.,�ie�'Q� ,�iA.! (FAX)714/960-7654 HUNTINGTON BEACH SMALL FACSIMILE• TRANSMITTAL SF-iEE'r TO: FROM: COMPANY: DATE: 474 ov to FAX ER: TOTAL NO.OF PAGES INCL.COVER: � A71,43 374 - J4p 46 14 PHONE NUMBER: SENDER'S REFERENCE NUMBER: RE: 7-m Iry 7'ekl+ A&W!'! mai I YOUR REFERENCE NUMBER &k. 01-04 O URGENT YFOR REVIFW ❑PLEASE COMMENT O PLEASE REPLY O PLEASE RECYCLE NOTES/COMMENTS: 7777 Edinger Avenue , Suite 300 Huntington Beach , CA 92647 11lio.nc ( 714 ) 8 9 7 - 2 5 3 4 ;C Fax ( 714 ) 894 - 7686 -: T iw .78� 11 Ul UG: J /�V IIWIIVLsr�.. �.cvc � HUN" 'TINGTON BEACH MALL September 11,2001 To: Huntington Beach Planning Commission Fr: Pat Rogers,Mall Manager/Marketing Director Re: Conditional Use Permit/Permit Streamlining Due to today's events, I am writing my comments in the event I may be unable to attend tonight's Study Session. It is my hope to provide insight to the experiences I have had in the past in obtaining permits,and how to streamline the process,without compromising safety and legal issues. For a number of years,I have directly applied for—or been involved with third parties— to obtain Temporary Use Permits to do a variety of outdoor events,including the Circus Vargas,New& Used Car Sales, Carnivals,to name a few. Until this year,the usual time frame we experienced from date we applied,until we were approved at the public hearing was six(6)weeks. This could be entirely wrong,but not in every case. This year,I was approached by a promoter who I have worked with in the past—to do a "give-away"at the mall of 18 vacation packages for a 3-day/2-night stay at a hotel next to Disneyland,that also included 2 passes to either Disneyland or California Adventure. The offer is valued at$9,000 for these 18 vacations. The promoter is working with both Jeep Eagle and Disneyland to promote the new Jeep Liberty Limited These type events are done all the time. The actual promotion was to be at least four(4)months minimum to be considered for participation by a shopping center. The actual display consists of a single Jeep Liberty vehicle to be placed at the shopping center—with a 6-foot table to hold the entry forms and entry box for shoppers to enter to win a vacation,and for a chance to win a Jeep Liberty. As it turned out;Humtington Beach Mall was one of ten(10)malls in California, and the only Orange County mall to be approved for this promotion. Believe me,we don't get these kinds of offers,as we did in the past. The four month promotion has to end December 30,2001 —so we were shooting for September I"to comply with the contest requirements. I 7777Er1ingerAvenue, #300,Huntington Beach, California 92647 (714)897-2334 FAX(714)894-7686 September 11,2001 Huntington Beach Planning Commission Page: 2 Since our enclosed mall has limited public use,the promoter said it would be OK if I could find a highly visible location;v�ith sufficient mobile and pedestrian access to make it worthwhile. I chose a location hi our parking area on the southeast side of Zany Brainy,adjacent to the Staples entrance (see attached). The promoter felt it would need to have a canopy placed over the jeep to provide added visibility,and protect the vehicle somewhat from the elements. All this discussion was taking place in the first week of July 2001. I called Mike Strange to ask what type of permit,and the related expenses,to be able to give the promoter an idea of when this would be approved for display. Mike got right back to me and explained that we would need a Temporary Use Permit,and that the cost was probably $500, and that we could get the application at City Hall. Approximately July 17,I had my assistant call the Planning Department to confirm the $500 amount, and to see if there were any other requirements involved. A very rude person that took the call and was asked if the information Mike gave Pat Rogers was correct and complete was very short in her answer—which was: "If Mike Strange told Pat Rogers that it was$500 and that's all there was—then,that's what it is"! I.called our corporate office and had them cut a check to ovemight to us for$500. That same day,my assistant went to City Hall to get the application,and that's when we learned the fee was $560(not$500),and that we would also have to purchase the labels to Notice occupants within 300-feet of the property. We called our corporate office and had them re-issue a check for$560,which caused a day's delay and extra effort in processing. On July 20, we had the$560 check and completed application with attachments delivered to the Planning Desk. We informed them that we were in the process of getting the labels (which I paid the$275 for the labels, and later reimbursed by my company). The company we used,unfortunately,did not tell us that they were going to take longer than usual,as they were short staffed. This added one more week. Unlike my past experience,I was getting several phone calls from our Project Planner, with questions he needed to process our application. In most cases,.I had to put my responses in writing,which I would do immediately so as not to add delays. One question I received was to verify in writing that I was the Mall Manager, and to send proof via my business card. This was done as I inadvertantly signed on the"owners" line on the application—but when I did that—I crossed out"owner"and put"agent" under my signature. This has happened in the past—but never caused a problem. September 11,2001 Huntington Beach Plaiming Commission Page: 3 Another call I received was to put in writing what the signs would say on the Jeep vehicle, regarding the contest. I know signs are a"touchy issue"in our City, but I was concerned that if we needed to make a change to the sign due to any last minute change in plans (it does happen),that we would be in violation of the permit. The most important call I received from our Project Planner came a few days before our scheduled Public Hearing—set for September 5. That was relative to the canopy that was to be placed over the Jeep.i was informed that since we were going to have it on display for more than 90 days, that I would have to pull a Building Permit. I cannot eXpress the level of frustration I was feeling at this point. I have left out several details&events,to highlight the level of procedures I had to follow - to what amounts to a car on display in our parking lot. The canopy posed a problem due to the possibility that it.might come lose in high winds and injure people and/or property. So,I asked if we could revise the application to have either(1)the canopy installed for less than 90 days,or(2)see if the promoter would allow for the canopy to be cancelled as part of the display. Unfortunately,the promoter was not available for several days to answer my question, and it was(then)my understanding that if 1 altered the original application,that it might cause the Public Hearing to be delayed beyond Sept.5 (which would mean the window for the promotion is now less than the required four months). At this point—I thought I should cancel the event,as I did not have time to continue on what seemed to be an endless path of requirements. The promoter finally called me, and said we could do without the canopy,and that he would be stoging by our mail to see the area set aside for the Jeep. When he came out on August 29 ,he asked if he could possibly change the location of the Jeep to be on the sidewalk,just outside the southeast entrance to Staples. Staples said it would be fine with them,and it would create more visibility for the Jeep, and likely bring more people into their store to enter the contest. I called our Project Planner to ask what problems this would cause to our permit process. He wasn't sure if it would have to have a new hearing scheduled, and if we would have to re-notify the 300-foot radius,and incur other processes(i.e. going back for review by the affected departments, including safety). "I immediately sent a diagram that was requested,showing the dimensions of the sidewalk area, indicating handicap accesses,sidewalk widths,distance from store fronts,etc. September 11,2001 Huntington Beach Planning Commission Page: 4 Thankfully, our Project Planner was able to have the revised location reviewed, and recommended approval at the Sept. 5rh Hearing. My estimated hours in obtaining this permit is 80 hours,including my assistant's tirne. Cost for Temporary Use Permit is.$560,plus$275 for labels, and $43 Orange County Mine fee. In Summary—In the world of special events, very often a promotion is in the works for several months,before all the pieces are put together to present to a venue for consideration. Sometimes another venue has to-cancel for some reason,and a promotion is looking desperately for a new location. In order to take advantage of opportunities,we feel the current level of time and effort to obtain a temporary use permit will prevent us from responding to what could help drive sales, and create excitement for shoppers. Surely, there must be.a way for certain promotions to be approved in a shorter time frame, even if fees must remain the same. Also,for shopping centers like Huntington Center,when redeveloped,there must be a system in place to pre-approve certain activities that are either known to be.scheduled for a given time period(i.e. 12-18 months away),or possibly scheduled—-ithno date certain for the event(i.e. 3-day tent sale,or musical concert. etc.). I look forward to working with the City of Huntington Beach to implement a process that does not discourage activities that are designed to boost sales. Sometimes the economy dictates that a chain operation launch a special promotion(i.e.tent sale),and if the process takes?A months,it likely won't be held at a Huntington Beach location. Sony for the long letter. i am almost ashamed that I took time today to write all this down,due to world events. I am hopeful that tomorrow will always come,and that we • can return to daily living. Thank you for your time in reviewing this. Sorry for any typo-s. I have attached most(not all) documents I prepared in obtaining my permit,to give you an idea of the time involved for placing a Seep in our parking lot(ndw sidewalk). ! � 4 pp 11 �s AMES NOBLf- IFFF lee4k�@•. '`�`` C� <C �j iAZ, STAPLES /n' 0 CIRCUIT _ Q� CITY IN C7�T1J71d 111,11llt111�11111111W111l�lrrrrrltirirrrurrrrn _ _ _ — r EDINGER AVENUE �-�- -- HUNTINGTON BEACH MAL August 15, 2001 To: Ron Santos Fr: Pat Rogers,Mall Manager Re: Temporary Use Permit No. 01-05—Huntington Center Associates, LLC dba Huntington Beach Mall This letter is to request dates for a special promotional event to be approved,as follows: September 17,2001—May 31,2002 Originally,I had suggested that the event promotion be for approximately four(4) months. The promoter has informed me that he can provide additional contest prizes, if we extend the promotion beyond December 31,2001. What that would entail is we would keep either the same car on display in the mall parking lot,or change it for another vehicle. If another vehicle is used, it would be in the same location,etc. as the one planned for September 17-December 31,2001. Signage would also remain the same. There will be three(3)22"'wide x 28"deep signs placed on the vehicle windows,with copy as follows: ENTER TO WIN HOTEL AND DISNEY PARK PASSES EVERY WEEK! (DETAILS INSIDE STAPLES) Each sign will be on white poster board,with red lettering. 7777 Edinger Avenue. Suite 300. Huntington Beach. California 92647.3601 (114) 897.2514 • FAX (714)f394•7686 Sep t t ui ue-: ;itip munr ing-c an L.enTer p. Ron Santos City of Huntington Beach Re: Permit"101-05 August 15,2001 Page: 2 A copy of my business card (below), indicates my position as Ma11 l anager/i arketing Director. I understand our public hearing will be scheduled for Wednesday,September 5,2001 for review of this Temporary Use Pem-dl. Please let me know if you have further questions. Cordially, Patricia Rogers Mall Manager/Marketing Director Pat Rogers,CHID Manager/Marketing Director WINGTON BEACH MALL 7777 Edinger Avenue.Suite 300 Huntington Beach,CA 92647-3601 Telephone 714-897-2534 Facsimile 714-894-7686 HUNTINGTON BEACH MALL August 16, 2001 To: Ron Santos Fr: Pat Rogers,Mall Manager Re: Temporary Use Permit No:01-05=Huntington Center Associates,LLC dba Huntington Beach Mall This letter is to request dates for a special promotional event to be approved,as follows: September 17,2001 —December 31,2001 There will be three(3)22"wide x 28"deep signs placed on the vehicle windows, with copy as follows: ENTER TO WIN HOTEL AND DISNEY PARK PASSES EVERY WEEK! (DETAILS INSIDE STAPLES) Each sign will be on white poster board,with red lettering. Wc.will NOT have a sign holder,as previously submitted—only the three(3)signs on the Jeep. In addition, we will place a bow on top of the.Peep,approximately 20"wide at the base, and 10"tall. The canopy that will be over the Jeep is 10'xI0',and is 8-foot tall,but rises to a pitch in the center to be 10-foot tall. We plan to secure the canopy,so as not to blow in windy conditions. Our plan is to drill holes into the parking lot(asphalt),and add cement.to the holes, so as to secure the poles to the asphalt. If we believe that is not adequate when we set everything up, we wilt purchase the heavy cement"footings"to place the poles inside. 7777 Edinger Avenue. Suite 3GO. Huntington Beach. California 92647-3601 (714) 697-2534 • FAX (714) 894-7086 lu Ron Santos City of Huntington Beach Re: Permit Y01-05 August I6, 2001 Page: 2 Our rail has 24-hour security,that includes mobile and foot patrol of the property,and also a camera surveillance system that staff can observe and record activity in the parking lots. We feel our regular security patrols and surveillance will be adequate to monitor any activity that would increase risk to the public. We also request,that if requested by the auto dealer,that we place stanchions around the Jeep vehicle, that would circle the Jeep,but remain inside the 1 Ox 10" area covered by the canopy. A copy of my busihess card(below), indicates my position as Mall Manager/iviarketing Director. I understand our public hearing will be scheduled for Wednesday, September 5,2001 for review of this Temporary Use Permit. Please let me know if you have further questions. Cordially, LJ GV1.ti.ra.� V`s?e�� Patricia Rogers Mall Manager/Marketing Director Pat Rogers,CMD Manager(Marketing Director lL��\ HUNTINGTON BEACH MALL 7777 Edinger Avenue,Suite Soo Huntington Beach,CA 92647-3601 Telephone 714-897.2534 Facsimile 714-894-7686 HUNTING T ON BEACH MALL August 29, 2001 To. Ron Santos Fr: Pat Rogers,Mall Manager Re: Temporary Use Permit No. 01-05—Huntington Center Associates, LLC 7777 Edinger Avenue,#300,Huntington Beach CA 92647 Ron, per our phone conversation today,the promoter for the special promotion we applied for the above Permit has asked me to inquire about changing the location of the Jeep vehicle. Previously,we requested 3 parking spaces,adjacent to the Staples Store at Huntington Beach Mall. The promoter feels the display would be more visible if we can place the Jeep on the side walk, along side the Staples(South West wall), indicated on the attached diagram and photo. Attached is a diagram of the new location,with dimensions of the Jeep vehicle,and the pedestrian sidewalk with handicap ramps. My main concern is that we not have to cancel the September 5,2001 Public Hearing,so that we can begin the display/promotion as planned,on September 17,200I. I would like to explore the possibility of being considered for the.Jeep to be displayed in this new location,at the nearest possible date. In other words,if we have to request an extension,we would go through the process of an additional public hearing,waist for the I D-day appeal period, and then re-locate the Jeep for the remainder of the 4 month approved period. Be advised,with the new proposed location for the Jeep display,we would NOT use the canopy over the vehicle,nor would we plan to place any other items around the Jeep(i.e. stanchions,sign holders). The jeep would simply have signs affixed to the windows on the car—indicating that people can enter to win inside Staples. Please let me know what questions you would have. 7777 Edinger Avenue. Suite 300. Huntington Beach. California 92647-3601 (7 t 4) t397.2534 - FAX M 4) 894-7686 u 21 r � l l 1 y xg SA 71'7" _ fy oz 140 �d=• �f#�-.�; tires a. r. `r' <a. s ,.16=.... 134 60 1 i'a��r Ra•P y7' s,.+ yy� R.rr rI't—w* s/' E-� Sep 11 ui uG: 41p n�rrc.irg� . a,ci„o< <iTL�IYfVVV July 18,2001 City of Huntington Beach Planning Department Re: Temporary Use Permit—Disney Promotion Attached are documents for review of our request for a Temporary Use Permit for a promotion,herein refereed to as the Disney Promotion. The Huntington Beach Mall has contracted with Precision Marketing,Inc.,to host an event to give away (18)3 day/2 night deluxe condominium packages for two next to Disneyland and 2 all day adult passes to California Adventure. The Disney Promotion will be comprised of a display of a new Jeep,with a 10'xl 0' car2opy over it,as well as two signs next to the Jeep,directing customers to enter to win inside Staples and other participating mall stores. The entry forms will be available inside the stores. Winners wiII be drawn by mall management over a 4-month period. There are 10 other malls participating in this Disney Promotion, but Huntington Beach Mall is the only Orange County venue. Of these 10 shopping centers,one name will be drawn from all entries to win a new Jeep. The display will be ongoing 7 days a week,24-hours a day. Mall employees will ensure the Jeep display area is kept clean,as=well as the entry areas inside the participating stores. We have a total of 11 employees responsible for this task, scheduled 7 days a week,24-hours a day. The promotion needs to run at least 4 months,and we would like to start on August 15, 2001, and run through December 31,2001. If the approval is delayed,I would request that we extend the ending date to be the end of the month that allows for a minimum of 4 months to promote(i.e.January 31). We will comply with all regulations concerning a car display,including disconnect of battery cables,drip pans tinder the engine,keeping a key on property,and low gas. There is no purchase necessary to win,but you must be 18 or older to be eligible. City of Huntington Beach Planning Department Disney Promotion .Duly 18,2001 Page: 2 The area designee,to display the Jeep, canopy and 2 signs is located on the first 3 parking spaces next to the Southeast of Staples store front. The parking spaces are I7-foot long; and will run 30-foot wide to allow for full use of the adjacent sidewalks, and keep people who are viewing the display out of the line of traffic. We will likely place stanchions around the vehicle. On July 18, we ordered the labels to send notices to the required 300-foot radius of the event. Please approve this request for Temporary Use Permit. l can be reached for additional information at(714) 897-2534. Cordially, Patricia Rogers,CMD Mall Manager I h X rn z x 1�e1�� Am bep 1 1 ul uC: -Tr-f, Iz qkA 40 .31 mo 4" T O �.- t 7' d P� Ihl Al M E N T NO. ATTACHMENT 5 DRAFT o MINUTES Huntington Beach Planning Commission e Tuesday, October 9, 2001 Huntington Beach Civic Center 2000 Main Street, Huntington Beach, California 92648 Study Session Room B-8 5:15 P.M. STREET SWEEPING PROGRAM —Jim Jones, Public Works JIFFY LUBE REPORT—Amy Wolfe CODE ENFORCEMENT STATUS REPORT— Bill Zylla/Mike Strange PLANNING COMMISSION INQUIRY REPORT—Jane James AGENDA REVIEW—Jane James PUBLIC COMMENTS Regular Meeting City Council Chambers 7:00 p.m. PLEDGE OF ALLEGIANCE P P P P P P P ROLL CALL: Hardy, Kerins, Shomaker, Mandic, Livengood, Kokal, Borden AGENDA APPROVAL A. ORAL COMMUNICATIONS None. B. PUBLIC HEARING ITEMS B-1. ZONING TEXT AMENDMENT NO 01-07 (APPEAL OF COASTAL DEVELOPMENT PERMITS—CONTINUED FROM AUGUST 28, 2001): Applicant: City of Huntington Beach Request: To amend Section 245.32 of the Huntington Beach Zoning and Subdivision Ordinance relating to direct appeal to the Coastal Commission for any Zoning Administrator, Planning Commission, or City Council action within the appealable areas of the coastal zone. Location: Appealable areas of the coastal zone. Project Planner: Jason Kelley PC Minutes October 9, 2001 Page 2 • Zoning Text Amendment No. 01-07 request: - Amend the Huntington Beach Zoning and Subdivision Ordinance by modifying the appeal procedures for coastal development permits. Continued Item: - Planning Commission meeting August 28, 2001. Planning Commission approved a continuance to the September 25, 2001 Planning Commission meeting to allow staff additional time to discuss appropriate language with the City Attorney and Coastal Commission staff. Due to the cancellation of the September 25, 2001 meeting, this item was rescheduled and advertised for the October 9, 2001 Planning Commission meeting. Staffs Recommendation: Approve Zoning Text Amendment No. 01-07 based upon the following: - Proposed ordinance revision will clarify the appeal procedures within the appealable area of the coastal zone. Staff made a presentation to the Commission. THE PUBLIC HEARING WAS OPENED: No one was present to speak on this item. WITH NO ONE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY LIVENGOOD, SECOND BY SHOMAKER, TO APPROVE ZONING TEXT AMENDMENT NO. 01-07 WITH FINDINGS AND FORWARD TO THE CITY COUNCIL FOR ADOPTION BY THE FOLLOWING VOTE: AYES: Hardy, Kerins, Shomaker, Mandic, Livengood, Kokal, Borden NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL—ZONING TEXT AMENDMENT NO. 01-07: 1. Zoning Text Amendment No. 01-07 amending Chapter 245.32 A of the Huntington Beach Zoning and Subdivision Ordinance by revising language that addresses direct appeal to the Coastal Commission for any Zoning Administrator, Planning Commission, or City Council action within the appealable area of the coastal zone is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan. The revised ordinance will provide more clear and (01 pcm1009) PC Minutes October 9, 2001 Page 3 consistent appeal procedures throughout the Zoning and Subdivision Ordinance. 2. The amended ordinance is compatible with the uses authorized in, and the standards prescribed for, the zoning district for which it is proposed. The revised ordinance applies to all properties located within the appealable area of the Coastal Zone that is subject to a coastal development permit. The amendment clarifies the appeal language in order to provide a better public service to the residents of Huntington Beach. 3. A community need is demonstrated for the change proposed. The amendment to the ordinance will better accommodate the City and the public by clarifying confusing appeal language within the Zoning and Subdivision Ordinance. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice. The revised ordinance will result in the City's ability to provides clear and consistent language within the Zoning and Subdivision Ordinance and ensure quality design and development within the coastal zone. B-2. CONDITIONAL USE PERMIT NO. 00-59 (CENTER FOR SPECIAL SURGERY, !NqJ Applicant: Kelli Trachtman Request: To permit vehicle storage for auto dealers within the existing four story parking structure at the Center for Special Surgery, Inc. The project also includes a request to permit a reduction in parking for the medical complex. Location: 17752 Beach Boulevard (south east corner of Beach Blvd. and Newman Avenue) Project Planner: Jane James Conditional Use Permit No. 00-59 request: - Establish vehicle storage for auto dealers within an existing parking structure at the Center for Special Surgery, Inc. - Permit a reduction in parking spaces for the Center for Special Surgery, Inc. • Staff's Recommendation: Approve Conditional Use Permit No. 00-59 based upon the following: - Original intended use of parking structure for parking of vehicles will remain the same - Compatibility with surrounding medical offices, retail uses, hospital, and professional offices - Surplus of parking demonstrated by parking study prepared by registered traffic engineer - Probable long-term occupancy of medical complex will not generate additional parking demand - No repair, maintenance, or auto dealer sales transactions will take place on site - Vehicle storage will occur only as long as the current mix of uses remains at the site - General Plan goals and policies encourage retail sales tax generating activities by providing additional inventory storage area for auto dealers Chairperson Mandic excused herself from action on the item due to a conflict of interest. (01 pcm1009) PC Minutes October 9, 2001 Page 4 Staff made a presentation to the Commission. Questions/comments included: ■ The Commission asked if vehicles stored within the parking structure would be subject to on-site auto dealership customer transactions. Staff replied no. The Commission suggested adding language with the conditions of approval excluding such transactions and staff agreed. The Commission asked of the applicant objected to such language and the applicant replied no. ■ The Commission asked staff to explain Option A and Option B of the Zoning Compliance section listed on page 6 of the staff report. ■ The Commission asked staff how many vacant offices currently exist within the Center for Special Surgery building. Staff stated that four(4) offices were currently vacant. THE PUBLIC HEARING WAS OPENED: Kelli Trachtman, applicant, Beach Boulevard, Huntington Beach, spoke in favor of the item and stated that her main interest in obtaining the requested entitlement was to utilize space for vehicle storage only, and that she has no interest in showing vehicles for sales transactions. Ms. Trachtman stated that she prefers Option B referenced under Zoning Compliance within the staff report. John Glowacz, Cypress Street, Huntington Beach, spoke in opposition to the item voicing concerns related to the applicant's compliance with the conditional use permit's conditions of approval. He also inquired if Commissioner Borden had a conflict of interest related to action on this item. WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED. Commissioner Borden stated that he had no conflict of interest related to this item. The Commission asked if the zone change suggested in Zoning Compliance - Option A would be citywide. Staff replied yes and stated that such action would prompt an independent, citywide analysis. Discussion ensued regarding the negative impacts affecting the Huntington Beach Hospital behind rezoning the property from CO (Commercial Office) to PS (Public- Semipublic). (01 pcm 1009) PC Minutes October 9, 2001 Page 5 A MOTION WAS MADE BY KERINS, SECOND BY HARDY, TO APPROVE CONDITIONAL USE PERMIT NO. 00-59 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL BY THE FOLLOWING VOTE: AYES: Hardy, Kerins, Shomaker, Livengood, Kokal, Borden NOES: None ABSENT: None ABSTAIN: Mandic MOTION PASSED FINDINGS AND CONDITIONS OF APPROVAL-CONDITIONAL USE PERMIT NO, 00-59 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act(CEQA) pursuant to Section 15301, Class 1 of the CEQA Guidelines, because operation of an existing structure is exempt from further environmental analysis. FINDINGS FOR APPROVAL-CONDITIONAL USE PERMIT NO. 00-59: 1. Conditional Use Permit No. 00-59 for the establishment, maintenance and operation of the vehicle storage for up to 100 spaces within the upper three levels of the parking structure and reduction of up to 100 parking spaces for the Center for Special Surgery, Inc. will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood because vehicle storage will occur entirely within an existing parking structure and no alterations to driveways, access, circulation, or parking spaces are necessary. Based on a parking analysis by the applicant, adequate parking (minimum of 116 spaces) will be provided on-site for both uses and therefore, no detrimental effects are anticipated. 2. The conditional use permit will be compatible with surrounding uses because based upon the conditions imposed, a surplus of parking exists on the site, there will be no on-site auto dealership customer transactions, auto repair, auto washing, auto test-driving, all vehicles will be picked up and delivered to the site via individual auto dealership employees, no vehicles will brought in or picked up via tractor-trailers, and storage will be limited to the top (most under utilized) levels of the parking structure. 3. The proposed vehicle storage and reduction of 100 parking spaces for the Center for Special Surgery, Inc. will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance if the Planning Commission approves the reduction in parking request. A corresponding General Plan Amendment or (01 pcm 1009) PC Minutes October 9, 2001 Page 6 Zone Change will also be necessary to establish consistent land use designations and comply with zoning requirements. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Public on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: A. Land Use Element Goal 1: Achieve development that maintains or improves the City's fiscal viability and reflects economic demands while maintaining and improving the quality of life for the current and future residents of Huntington Beach. Policy 4.2.4: Require that all development be designed to provide adequate space for access, parking, supporting functions, open space, and other pertinent functions. Policy 13.1.1: Allow for the continuation of existing public and private institutional, cultural, educational, and health uses at their present locations and development of new uses in areas designated on the Land Use Plan Map in accordance with Policy LU 7.1.1. B. Economic Element Goal ED 3: Enhance Huntington Beach's economic development potential through strategic land use planning and sound urban design practices. The proposed auto dealer vehicle storage accomplishes several of the above goals. The vehicle storage allows automobile dealers greater inventory capacity, which in turn benefits Huntington Beach's local economy. The proposed use allows the Center for Special Surgery to utilize surplus parking and makes better economic sense than allowing a partially vacant parking structure to go unoccupied. The vehicle storage will not impact the surgery centers ability to operate and therefore, will allow for the continuation of health care uses. CONDITIONS OF APPROVAL—CONDITIONAL USE PERMIT NO. 00-59: 1. The site plan, floor plans, and elevations received and dated September 5, 2001 shall be the conceptually approved layout. 2. The use shall comply with the following: a. Service roads and fire access lanes, as determined by the Fire Department, shall be posted, marked, and maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. (FD) b. There shall be no storage of vehicle parts, equipment, or trailers. (01pcm1009) PC Minutes October 9, 2001 Page 7 c. Use of the parking structure shall be for vehicle storage only. There shall be no sales transactions, showing of vehicles, test-driving, repairing, washing, or any other maintenance oriented activities at the site. d. Vehicles shall not be offloaded from flat bed or tractor-trailers at the subject site or on the surrounding public street system. Vehicles shall only be delivered for storage within the parking structure by driving each individual car on and off the site to and from the dealership. e. Hours for delivery of vehicles to and from the site shall be limited to between 7:00 AM to 9:00 PM daily. f. A maximum of 100 parking spaces may be utilized for vehicle storage. g. Vehicle storage utilizing the 100 spaces shall occupy the upper levels of parking only and shall fill spaces from the top down. h. There shall be no automobile dealer or vehicle advertisements anywhere on the subject site. i. Vehicle storage shall be permitted for only as long as the current mix of medical offices and outpatient surgery center type uses exists on the site. Vehicle storage shall cease if and when the current uses are significantly changed and new parking demands are generated. Typical occupancy changes from one medical office/provider to another similar use will not trigger this condition of approval. 3. Within four months from approval of Conditional Use Permit No. 00-59 for vehicle storage, one of the following actions shall be completed: a. Amend the zoning from Commercial Office to Public-Semipublic to create consistent General Plan and Zoning designations, or b. Amend General Plan from Public to Commercial Office to create consistent General Plan and Zoning designations and amend zoning text to expand list of permitted uses in Commercial Office to allow vehicle sales and services, or c. Any acceptable alternative to ensure consistency between General Plan and Zoning and allow vehicle storage and medical uses to continue. 4. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the Huntington Beach Zoning and Subdivision Ordinance. (01 pcm1009) PC Minutes October 9, 2001 Page 8 5. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. 6. This Conditional Use Permit No. 00-59 shall not become effective until a General Plan Amendment, Zoning Map Amendment, and/or Zoning Text Amendment as described in Condition of Approval No. 3, above, has been approved by the City Council and is in effect. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 00-59 shall not become effective until the ten-calendar day appeal period has elapsed. 2. Conditional Use Permit No. 00-59 shall become null and void unless exercised within one year of the date of final approval, which is October 9, 2002, or such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 3. The Planning Commission reserves the right to revoke Conditional Use Permit No. 00-59, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. All applicable fees from the Building, Public Works, and Fire Departments shall be paid. 5. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 6. The applicant shall submit a check in the amount of$43.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Planning Commission's action. 7. All landscaping shall be maintained in a neat and clean manner, and in conformance with the HBZSO. Prior to removing or replacing any landscaped areas, check with the Departments of Planning and Public Works for Code requirements. Substantial changes may require approval by the Planning Commission. 8. All permanent, temporary, or promotional signs shall conform to Chapter 233 of the HBZSO. Prior to installing any new signs, changing sign faces, or installing promotional signs, applicable permit(s) shall be obtained from the Planning Department. Violations of this ordinance requirement may result in permit revocation, recovery of code enforcement costs, and removal of installed signs. 9. A Certificate of Occupancy must be approved by the Planning Department and issued by the Building and Safety Department prior to occupying the building. (01 pcm1009) PC Minutes October 9, 2001 Page 9 B-3. CONDITIONAL USE PERMIT NO. 01-14(LITTLE HOUSE OF REPAIRS): Applicant: John Taylor Request: To legally establish a small scale, retail/repair business for sporting goods such as surfboards, snowboards and small water craft jet skis. The request includes permitting outdoor storage and development on a substandard lot. Location: 7942 Cypress Avenue (west of Beach Boulevard, south of Warner Avenue) Project Planner: Wayne Carvalho + Conditional Use Permit No. 01-14 request: - Legally establish a water sports products business on a lot with an existing non-conforming single-family residence. The business consists of"small- scale" manufacturing of surfboards, and retail sales and repair of surfboards, snowboards, small watercraft jet skis, etc. - Outside storage of products. - Development on a substandard lot. + Staff's Recommendation: Deny Conditional Use Permit No. 01-14 based upon the following: - Incompatibility of existing nonconforming residential use on property with custom industry use. - Mix of proposed uses is inconsistent with the Commercial General (CG) zoning on the property. - Business patrons would infringe on residential tenants. - The custom industrial use is not compatible with the surrounding residential uses. - The use may be detrimental to surrounding residents, property owners, and value of property and improvements. Commissioners Hardy, Kerins, Shomaker, Mandic, Livengood, Kokal and Borden disclosed that they visited the project site. Commissioners Hardy, Shomaker, Mandic, Livengood, Kokal and Borden disclosed that they spoke with the applicant. Staff made a presentation to the Commission. Questions/comments included: ■ The Commission asked if the applicant's business was operating as a non- conforming use. Staff explained that the zoning is Commercial and that the applicant maintains a residence on the property, which makes the residential use non-conforming. ■ The Commission asked if the City had received outside complaints on the property. Staff answered no and explained the process of code enforcement and why the applicant received a citation. (01 pcm1009) PC Minutes October 9, 2001 Page 10 THE PUBLIC HEARING WAS OPENED: Mike Jimenez, Elm Street, Huntington Beach, spoke in favor of the item stating he was a 20-year resident of Huntington Beach and was not aware of any problems ever associated with this site. Kevin Mello, Attorney at Law representing the applicant, spoke in favor of the item and voiced concerns regarding certain conditions of approval he felt the applicant could not possibly meet because of the structure's age. He pointed these out to the Commission by referencing those listed within the staff report. John Glowacz, Cypress Street, Huntington Beach, spoke in favor of the item and stated that the City exercised "selective code enforcement". Robert Aldana, Gothard Street, is a 9-year resident of Huntington Beach and spoke in favor of the item. He praised the applicant's work and referred to Small House of Repairs as a "phenomenal, reputable business". John Taylor, applicant, Gothard Street, Huntington Beach, provided the Commission some background information on his business, community activity and knowledge of surfboards. He also informed the Commission of the improvements he made to the property, and of his experiences dealing with the Business License Department. WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED. Discussion ensued regarding the findings for denial by staff. The Commission felt that the findings did not reflect actual opinions of the residents and business owners near the site, and that there was no evidence of complaints regarding noise, dust, and hazardous material. The Commission discussed items of concern included in the conditions of approval (sign height, flammable liquids, setback measurements and roof top mechanical equipment). Staff explained to the Commission that the applicant currently has a Business License for a Home Occupation Permit, which does not comply with the applicant's current business operation, violating the Zoning Code. Staff from the Fire Department explained that the applicant is responsible for maintenance standards (electrical, etc.) within the Uniform Building Code no matter what year the structure was built, for safety purposes. The Commission went through the conditions of approval one-by-one with the applicant in order to address and facilitate conditional use permit compliance. (01 pcm1009) PC Minutes October 9, 2001 Page 11 A MOTION WAS MADE BY BORDEN, SECOND BY HARDY, TO APPROVE CONDITIONAL USE PERMIT NO. 01-14 (LITTLE HOUSE OF REPAIRS)WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL BY THE FOLLOWING VOTE: AYES: Hardy, Kerins, Shomaker, Mandic, Livengood, Kokal, Borden NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS AND CONDITIONS OF APPROVAL-CONDITIONAL USE PERMIT NO. 01-14 FINDINGS FOR APPROVAL—CONDITIONAL USE PERMIT NO. 01-14: 1. Conditional Use Permit No. 01-14 for the establishment, maintenance and operation of a "small-scale" custom industrial use for surfboard repair and manufacturing will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. Based upon the conditions imposed the continuation of the existing business will not impact the surrounding residents, commercial tenants and properties. 2. The conditional use permit will be compatible with surrounding uses. The business has operated at this location for over 30 years and has not been a nuisance to the surrounding properties. No change to the business is proposed. With the conditions imposed, no noise or dust impacts resulting from the business are anticipated. 3. The proposed small-scale" custom industrial use for surfboard repair and manufacturing will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance. In addition, any specific condition required for the proposed use in the district in which it would be located. The business will be required to comply with all applicable City codes and specifications. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of General Commercial on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Provide for the continuation of existing and the development of a diversity of retail and service commercial uses that are oriented to the needs of local residents, serve the surrounding region, service visitors to the City, and capitalize on Huntington Beach's recreational resources. (LU 10.1) (01 pcm1009) PC Minutes October 9, 2001 Page 12 b. Accommodate the development of neighborhood, community, regional, office and visitor-serving commercial uses in areas designated on the Land use Plan Map. (LU 10.1.1) This conditional use permit will allow for the continuation of the existing business, which serves the local residents and surrounding communities. 5. The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act(CEQA) pursuant to Section 15303 of the CEQA Guidelines, because project involves conversion of two small accessory structures for the business. CONDITIONS OF APPROVAL—CONDITIONAL USE PERMIT NO. 01-14: 1. The site plan, floor plans and elevations received and dated June 15, 2001 shall be the conceptually approved layout with the following modifications: a. Elevations shall depict colors and building materials proposed. b. All exterior mechanical equipment shall be screened from view on all sides. Rooftop mechanical equipment shall be setback 10 feet from the property line. Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing lines, ductwork and transformers. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan showing screening must be submitted for review and approval with the application for building permit(s). (Code Requirement) c. Depict the location of all gas meters, water meters, electrical panels, air conditioning units, mailboxes (as approved by the United States Postal Service), and similar items on the site plan and elevations. If located on a building, they shall be architecturally designed into the building to appear as part of the building. They shall be architecturally compatible with the building and non-obtrusive, not interfere with sidewalk areas and comply with required setbacks. 2. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. b. All Fire Department requirements shall be noted on the building plans. (FD) 3. Prior to issuance of building permits, the following shall be completed: a. The locking devices for all gates shall be approved by the Fire Department. (01 pcm1009) PC Minutes October 9, 2001 Page 13 b. An "Acceptance of Conditions"form shall be properly executed by the applicant and an authorized representative of the owner of the property, recorded with County Recorder's Office, and returned to the Planning Department for inclusion in the entitlement file. c. The applicant shall disclose amounts of materials to the Huntington Beach Fire Department Hazardous Materials Disclosure Office at(714) 536-5676. (FD) 4. The structure(s) cannot be occupied, the final building permit(s) cannot be approved, and utilities cannot be released, and commencement of use, and issuance of a Certificate of Occupancy until the following has been completed: a. Building permits shall be obtained and finaled for all structures used in conjunction with the business including the lay up room (patio enclosure) and shaping room (garage addition) (Code Requirement) b. In accordance with NPDES requirements, a "Water Quality Management Plan" shall be prepared by a Civil or Environmental Engineer. "Best Management Practices"shall be identified and incorporated into the design. (PW) c. Existing mature trees that are to be removed must be replaced at a 2 for 1 ratio with a 36" box tree or the palm equivalent(13'-14' of trunk height for Queen Palms and 8'-9' of brown trunk). (PW) d. The existing water service not currently in use shall be abandoned per water Division standards. (PW) e. Installation of required landscaping and irrigation systems shall be completed prior to final inspection or within twelve months of this approval. (PW) f. All landscape irrigation and planting installation shall be certified to be in conformance to the City approved landscape plans by the Landscape Architect of record in written form to the City Landscape Architect prior to the final landscape inspection and approval. (PW) g. Applicant shall provide the City with Microfilm copies (in City format) and CD (AutoCAD only) copy of complete City approved landscape construction drawings as stamped"Permanent File Copy" prior to starting landscape work. Copies shall be given to the City Landscape Architect for permanent City Record. (PW) h. Address numbers shall be installed on all structures to comply with Fire Dept. City Specification No. 428. (FD) i. Fire extinguishers shall be installed and located in areas to comply with Huntington Beach Fire Code Standards found in City Specification#424 (provide 2 —minimum rated 4A:40BC portable fire extinguishers). (FD) (01 pcm 1009) PC Minutes October 9, 2001 Page 14 j. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Planning Department. k. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. I. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. 5. The use shall comply with the following: a. All repair work shall be conducted wholly within approved buildings. b. The outdoor storage area shall not exceed 750 sq. ft. c. All outside storage of materials shall be located behind the residence, shall be screened from view from the public street, and shall not exceed the height of existing walls and fences. d. Flammable liquid spraying is not permitted. (FD) e. The business may not exceed materials quantities as specified in the Huntington Beach Fire Code Table (UBC) 3-D. (FD) f. Hours of operation shall be limited to between 9 AM and 10 PM, Monday— Friday; and between 10:00 AM and 8:00 PM, Saturday. g. Only the same or similar"small-scale custom industry" use shall be permitted. 6. A review of the use shall be conducted by the staff within six (6) months of the issuance of Certificate of Occupancy or final building permit approval to verify compliance with all conditions of approval and applicable Chapters of the Huntington Beach Zoning and Subdivision Ordinance. 7. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the Huntington Beach Zoning and Subdivision Ordinance. . 8. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. (01 pcm 1009) PC Minutes October 9, 2001 Page 15 INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 01-14 shall not become effective until the ten- calendar day appeal period has elapsed. 2. Conditional Use Permit No. 01-14 shall become null and void unless exercised within one year of the date of final approval which is October 9, 2002 or such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 3. The Planning Commission reserves the right to revoke Conditional Use Permit No. 01-14, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. All applicable fees from the Building, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 5. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 6. Construction shall be limited to Monday- Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 7. The applicant shall submit a check in the amount of$43.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Planning Commission's action. 8. All landscaping shall be maintained in a neat and clean manner, and in conformance with the HBZSO. Prior to removing or replacing any landscaped areas, check with the Departments of Planning and Public Works for Code requirements. Substantial changes may require approval by the Planning Commission. 9. All permanent, temporary, or promotional signs shall conform to Chapter 233 of the HBZSO. Prior to installing any new signs, changing sign faces, or installing promotional signs, applicable permit(s) shall be obtained from the Planning Department. Violations of this ordinance requirement may result in permit revocation, recovery of code enforcement costs, and removal of installed signs. 10.Traffic Impact Fees ($120/trip) shall be paid at the time of final inspection or issuance of a Certificate of Occupancy. (PW) 11. State-mandated school impact fees shall be paid prior to issuance of building permits. (01 pcm1009) PC Minutes October 9, 2001 Page 16 12.An encroachment permit shall be required for all work within the right-of-way. (PW) 13.A Certificate of Occupancy must be approved by the Planning Department and issued by the Building and Safety Department prior to occupying the building. B-4. ZONING TEXT AMENDMENT NO. 01-04(ENTITLEMENT PERMIT STREAMLINING): Applicant: City of Huntington Beach Request: To amend twelve (12) sections within nine (9) chapters of the Huntington Beach Zoning and Subdivision Ordinance, codify certain Planning Department policies and clarify sections of existing codes for streamlining purposes. The proposed amendments are intended to reduce the overall number of discretionary entitlement applications by allowing the use by right or having a lower level discretionary body review the entitlement. Location: Citywide Project Planner: Rosemary Medel • Zoning Text Amendment No. 01-04 request: - Amendment of twelve chapters of the Zoning and Subdivision Code and three sections of SP 5 (Downtown Specific Plan) - Entitlement permit streamlining of certain applications to the lower hearing body - Codify existing policies - Clarify certain sections of the Zoning and Subdivision Ordinance • Staffs Recommendation: Approve Zoning Text Amendment No. 01-04 based upon the following: - Decreases processing time for applicants - Reduces application costs for the business community and residents - Provides excellent customer service - Encourages new businesses to locate in Huntington Beach Staff made a presentation to the Commission. Questions/comments included: ■ How is the public informed of decisions made by the Zoning Administrator or the Director of Planning? ■ What is the formula for sign permit fees? ■ Can a decision by a lower governing body be appealed? THE PUBLIC HEARING WAS OPENED: Dick Harlow, Huntington Beach Chamber of Commerce, spoke in favor of the item. He stated that approval would free up time, allowing staff to concentrate on more detailed projects and explore performance standards more completely. He also favors a reduction in entitlement fees, and reducing the entitlement application/process period. WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED. (01 pcm 1009) PC Minutes October 9, 2001 Page 17 Discussion ensued regarding the entitlement process, including the public hearing notification and appeal process. Staff informed the Commission that it is the responsibility of the applicant to provide notification material (i.e. mailing labels) for public hearings affecting adjacent resident/business owners. Staff also explained the time allowed for interested parties to provide oral or written comments on entitlements before they are presented to a governing body, and the time provided for individuals to appeal an entitlement approved or denied by a governing body. The Commission suggested notifying higher governing bodies when a lower level discretionary body takes action on an entitlement in order to provide opportunity to file for appeal. Some Commission Members were in favor of increased notification, and others felt that in doing so, the permit streamlining process would be inhibited. A MOTION WAS MADE BY KERINS, SECOND BY SHOMAKER, TO APPROVE ZONING TEXT AMENDMENT NO. 01-04 (ENTITLEMENT PERMIT STREAMLINING)WITH MODIFIED FINDINGS BY THE FOLLOWING VOTE: AYES: Hardy, Kerins, Shomaker, Mandic, Livengood, Kokal, NOES: Borden ABSENT: None ABSTAIN: None MOTION PASSED ZONING TEXT AMENDMENT NO. 01-04 FINDINGS FOR APPROVAL—ZONING TEXT AMENDMENT NO. 01-04: 1. Zoning Text Amendment No. 01-04 to amend certain sections of the Zoning and Subdivision Ordinance is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan because the amendments streamline entitlement processing for certain uses thereby furthering the City's development goals. 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 revises processing of entitlements and clarifies permitted uses within the zoning classifications. 3. A business community need is demonstrated for the change. The need for reduced processing time is desired by the business community and supported by the Chamber of Commerce. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice by codifying existing policies and creating a zoning and subdivision ordinance more reflective of City priorities. (01 pcm 1009) PC Minutes October 9, 2001 Page 18 C. CONSENT CALENDAR C-1. PLANNING COMMISSION MINUTES DATED AUGUST 14, 2001 A MOTION WAS MADE BY LIVENGOOD, SECOND BY SHOMAKER, TO APPROVE THE PLANNING COMMISSION MINUTED DATED AUGUST 14, 2001 BY THE FOLLOWING VOTE: AYES: Hardy, Kerins, Shomaker, Mandic, Livengood, Kokal, Borden NOES: None ABSENT: None ABSTAIN: None MOTION PASSED D. NON-PUBLIC HEARING ITEMS D-1. CONDITIONAL USE PERMIT NO. 96-107NARIANCE NO. 97-5/SIGN CODE EXCEPTION NO. 97-3 ONE YEAR REVIEW(Del Taco Restaurant): Applicant: Dwight Capitani, Liberty Enterprises Request: Consider one-year review by staff of the previously approved Conditional Use PermitlVariance/Sign Code Exception for compliance with adopted conditions of approval, review of Code Enforcement action and review of Police Department calls for service. Location: 17501 Beach Boulevard (southwest comer at Slater Ave.) Proiect Planner: Wayne Carvalho Six month review of the previously approved Conditional Use Permit/Coastal Development Permit for: - Review for compliance with adopted conditions of approval. - Review of Code Enforcement action. - Review of Police Department calls for service. Staff Recommendation: - Receive and file as adequate the six-month review of Conditional Use Permit No. 98-29/Coastal Development Permit No. 98-35. Staff made a presentation to the Commission. Questions/comments included: If a 1-year review was found to be inadequate, can the Commission automatically recommend a second annual review? Mike Cheng, representing the property owner, informed the Commission of the corrections/improvements made to the property, and mentioned that no violations had been received during the last 4-5 months. The Commission suggested Code Enforcement closely monitor the conditions to ensure future compliance. (01 pcm 1009) PC Minutes October 9, 2001 Page 19 A MOTION WAS MADE BY LIVENGOOD, SECOND BY KOKAL, TO RECEIVE AND FILE AS ADEQUATE THE ONE-YEAR REVIEW FOR CONDITIONAL USE PERMIT NO. 06-107 AND VARIANCE NO. 97-5, BY THE FOLLOWING VOTE: AYES: Hardy, Kerins, Shomaker, Mandic, Livengood, Kokal, Borden NOES: None ABSENT: None ABSTAIN: None MOTION PASSED E. PLANNING COMMISSION ITEMS E-1. PLANNING COMMISSION COMMITTEE REPORTS— None. E-2. PLANNING COMMISSION INQUIRIES/COMMENTS Commissioner Hardy— inquired about who is responsible for landscaping the south side of Promenade at Seagate adjacent to the Cape Ann Development. Staff to provide follow-up. She also voiced interest in taking a tour of the Central Park Equestrian Center. Staff to schedule a field trip. Commissioner Kerins—questioned whether it is legal for a developer to keep a VIP list of prospective buyers who are offered the sale of certain lots before other interested parties. Staff responded that it is a private party arrangement, and the City has no jurisdiction over such matters. Commissioner Kerins relayed information provided by staff on the status of the sidewalk conditions on Talbert Avenue adjacent to the Wal-Mart development. Commissioner Shomaker•— None. Commissioner Mandic—Made a motion to agendize the Planning Commission Inquiry Report for discussion purposes at the November 13, 2001 meeting by the following vote: (7-0). Commissioner Mandic inquired about staff's response to a letter submitted by SeaCliff on the Greens Community Association related to visual blight along Palm Avenue created by the PLC Land Company "Boardwalk" development. Staff will provide follow-up. Commissioner Mandic also inquired about action taken by the Design Review Board (DRB) on an "art theater"for the Wal-Mart development. Staff explained that the DRB approved additional features (benches, potted plants and lighting) to create a theater for the previously approved wall mural. Commissioner Livencaood—Made a motion that staff include within the Planning Commission Inquiry Report an on-going status of Conditional Use Permit No. 01-14(Little House of Repairs) by the following vote: (7-0). (01 pcm 1009) PC Minutes October 9, 2001 Page 20 Commissioner Livengood also requested that a copy of Planning Commission Protocol be included in the Commission's agenda binders. Commissioner Kokal - questioned why Lambert Park at Ellis and Newland has been fenced off. Staff explained that the access ramp, which is a mitigation measure for the Wal-Mart development project, is under construction at the park. Commissioner Kokal also voiced concerns about the Commission's approval of Conditional Use Permit No. 01-14 (Little House of Repairs) stating that the process of approving certain conditions should be analyzed more carefully in order to ensure compliance with code requirements and related guidelines. Fire Department Staff explained that"distinct hazards" must be brought up to current code requirements regardless of the structure's age or whether a particular condition has been "grand-fathered" into a new entitlement. Commissioner Borden—explained his reasons for voting no on Zoning Text Amendment No. 01-04 (Entitlement Permit Streamlining) by stating the added notification language defeated the purpose of the streamlining process. F. PLANNING ITEMS F-1. CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Scott Hess, Principal Planner - reported that no Planning Department items were heard before the City Council at the October 1, 2001 meeting. F-2. PLANNING COMMISSION ITEMS FOR NEXT MEETING Jane James, Associate Planner—stated that the regularly October 23, 2001 meeting will be cancelled due to lack of public hearing items, and reviewed items for the November 13, 2001 meeting. G. ADJOURNMENT—Adjourn to the Planning Directors Association of Orange County Planning Officials Forum on Thursday, October 11, 2001 at 8:00 a.m. at the Crowne Plaza Hotel in the City of Garden Grove, California; and then to the next scheduled Planning Commission meeting of Tuesday, November 13, 2001. HZ:JJ:rl APPROVED BY: Howard Zelefsky, Secretary Connie Mandic, Chairperson (01 pcm1009) RCA ROUTING SHEET INITIATING DEPARTMENT: Planning SUBJECT: ZONING TEXT AMENDMENT NO. 01-04 [COUNCIL MEETING DATE: November 19, 2001 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable Attached Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attome Not Applicable Certificates of Insurance (Approved by the City Attome Not Applicable Financial Impact Statement Unbud et, over$5,000 Not Applicable Bonds if applicable Not Applicable Staff Report if applicable Attached Commission, Board or Committee Report If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Attached EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURN E[ FORWARDED Administrative Staff Assistant Ci Administrator Initial City Administrator Initial Citv Clerk Z 69PLANATIOWFQR RETURN OFITEM: T / / dl.3l Q— d ec4 l r �) EdL-L _ n ge C 4 o* 6A r (Below • • Only) IWA 3) JJ c RCA Author: HZ: SH: RM: H NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, November 19, 2001, at 7:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following planning and zoning items: ❑ 1. ZONING TEXT AMENDMENT NO. 01-04 (ENTITLEMENT PERMIT STREAMLINING): Applicant: City of Huntington Beach Request: To amend thirteen (13) chapters within the Huntington Beach Zoning and Subdivision Ordinance and three (3) sections SP5 Downtown Specific Plan, codify certain Planning Department policies and clarify sections of existing codes for streamlining purposes. The proposed amendments are intended to reduce the overall number of discretionary entitlement applications by allowing the use by right or having a lower level discretionary body review the entitlement. Location: Citywide Project Planner: Rosemary Medel NOTICE IS HEREBY GIVEN that Item No. 1, Zoning Subdivision Ordinance No. 01-04 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 after Friday, November 16, 2001. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Planning Department at 536-5271 and refer to the above items. Direct your written communications to the City Clerk Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 PROOF OF PUBLICATION STATE OF CALIFORNIA) .. SS. County of Orange ) NOTICE OF maybe llmltlod to raising PUBLIC �HRMlING. ony these Issues you or OEPOC & LfiHE. lob a" loin raised at p(1 thlo p blto hearing do- CITYI am a Citizen of the United States and a TFIE Crrx o- or In thisWritten or In wrttttn cor• HUNTINGTON. ree ondence delivered. resident of the County aforesaid; I am BEACH to the City at,or prior to, NOTICE 18 HEREBY the public heering• If over the age of eighteen years, and not a GIVEN that on Monday, there are any further party to or interested in the below 7°o"o"o Qm. in' 2:010ty it Pla�°"e Department tat Council Chambers, M-5271 and.refer to entitled matter. I am a principal clerk of 2000 Main 8trset, Hu* the above,items, Direct P P Ington Baoh, the City our written-communlca•! the HUNTINGTON BEACH INDEPENDENT a hurin on the o pubUc �loC to the cny Clerk. , hearing on the foBowing Connie Brockway; lanning and +.owing C4 Ct�, newspaper of general circulation, printed Pam$: -city and published in the City of Huntington ,. ZONING TEXT H2O in ems, Beach ' Countyof Orange, State of AMENDMENT NO• Nam;I�a�Floor, r g 01.04 (ENTITLEMENT CNMomle 920" California and that attached Notice is a PERMIT 8TREAMLIN- ?14) .a8- T ING): Applicant: City of pubblished Huntington true and complete CO as was rented Huntington Beach Re• Beach • Indeppendent p copy p quest: To amlond' thir• November 8, 20(1 teen (13) chapters within. 112.484 and published in the Huntington Beach the Huntington Bach and Fountain Valley issues of said Ord,no and Subdivision Ordinance and three (3) sections $P8 Downtown newspaper to wit the issue(s) of: Specific Plan, codify a tain Planning Depart- ment policies and clarify sections of existing codes for streamllninpp purposes. The propcoN amendments are In- tended to reduce the 2 0 01 overall number of dlscre- November 8 , tionary entitlement ap- I lostions py allowing gthe use by right or having a lower level des- cretlonary bodyy nvllow the entRlement. Loca- tion: Citywide Project I declare, under penalty of perjury, that Planner: Rosemary Model the foregoing is true and correct. NOTICE O I 19 that lte HEREBY GIVEZoning- Subdivision Or• dlnana No. 01-04 is categorically . exempt from the provlalone of Executed on November 8 , 2001 the California Environmental .Quality at Costa Mesa California. Act: ppON FILE:A of the flls in the Crsttvu�'s OIL floe, 2000 Main Street, Huntl %OHM7. h, Call- tomli A 00y- tcf the o *n wil�" available, fo Interested partlee -at the City Clerk's Office after Frl- d2001ayy,. November 18, J Si nature ALL INTERESTED a PERSONS are Invited to attend said hearing-and and exproes opinlcne or submit evWenoe for or against the application as outlined above• If you challenge the City Coun• Ill's action In court, you RECEIVED FROM AND MADE A PART OF THEE R OR AT THE COUNCIL MEETING OF o OFFICE OF THE CITY CLERK CONNIE BROCKWAY,CITY CLERK ZONING TEXT AMENDMENT 01-04 ENTITLEMENT STREAMLINING ZONING TEXT AMENDMENT REQUEST ➢To amend the Huntington Beach Zoning and Subdivision Ordinance to streamline the entitlement processes 1 BACKGROUND ➢ 1999- Staff initiated a permit streamlining amendment in response to business community and resident's comments ➢Chamber of Commerce met with staff to brainstorm code changes ➢November 1999- City Council reviews preliminary list and directs staff to process code amendments ➢2000-Amendments supported by Chamber of Commerce/Dept. of Organizational Effectiveness BACKGROUND (Cont'd) ➢June 2001- Planning Commission commences review of proposed amendments; three study sessions ➢October 9, 2001- Planning Commission approved the Zoning Text Amendments 2 PURPOSE ➢Zoning Text Amendment No. 01-04 proposes to: ➢ Streamline the Entitlement process ➢Decrease processing time for applicants ➢Create cost-savings for applicants ➢Improve customer service PURPOSE (cont'd) ➢The Entitlement Process is streamlined by: ➢Reducing number of CUP's heard by Planning Commission and Zoning Administrator ➢Increasing the Zoning Administrator's discretion in reviewing code exceptions ➢Modifying criteria requiring an entitlement ➢Reducing number of items requiring Design Review Board action 3 PROPOSED ENTITLEMENT CHANGES (cont'd) ➢ZTA will codify existing policies and clarify thirteen chapters and three sections of the Downtown Specific Plan ➢Land Uses Proposed for Reduced Processing Time Type of Use Current Proposed Review Review Additions to non-conforming structures PC ZA Animal Boarding PC ZA Animal Hospitals PC ZA Banks and Savings&Loans with Drive-up Service ZA P Carts and Kiosks ZA P Commercial Filming(IG,IL zones) ZA P Day Care,Large Family(commercial zones) PC/ZA P PROPOSED ENTITLEMENT CHANGES (cont'd) Type of Use Current Proposed Review Review Day Care,General(industrial zones) PC ZA Eating&Drinking Establishments w/live entertainment PC ZA/P Eating&Drinking Establishments w/beer&wine only P/ZA P Eating&Drinking Establishments PC ZA Outdoor Dining in Conjunction with Eating&Drinking ZA ZA/P Establishments Food&Beverage Sales PC ZA Industrial Custom-Small Scale Facilities ZA P Model Homes(approved subdivisions) ZA P Personal Enrichment Services PC/ZA ZA/P Primary Health Care PC/ZA ZA/P 4 PROPOSED ENTITLEMENT CHANGES (cont'd) Type of Use Current Proposed Review Review Privacy Gates ZA P Religious Assembly(commercial zones) PC ZA Religious Assembly(industrial zones) PC ZA Vehicle Equip.,Repair(commercial zones) ZA P Vehicle Equip.,Sales&Rentals(commercial zones) PC ZA Vehicle Sales&Rentals(existing facility proposing to PC P expand up to 20%) Vehicle Sales&Rentals(CO zone) N/A ZA ➢ PC—Planning Commission ZA—Zoning Administrator P-Permitted PROPOSED ENTITLEMENT CHANGES (cont'd) PERMIT STREAMLINING DEVELOPMENT STANDARDS-PROPOSED AMENDMENTS USE/STANDARD CURRENT PROPOSED REVIEW REVIEW Planned Sign Program DRB AP Sign Code Exception ZA(any deviation AP(if design in standards) guidelines exist) DRB(if no design guidelines) Temporary Use Permit ZA ZA >48 Hrs >72 Hrs PC—Planning Commission P—Permitted ZA—Zoning Administrator AP-Administrative Permit 5 PROPOSED ENTITLEMENT CHANGES (cont'd) PERMIT STREAMLINING DEVELOPMENT STANDARDS-PROPOSED AMENDMENTS USE/STANDARD CURRENT PROPOSED REVIEW REVIEW Fencing along arterials ZA P over six feet high Parking reduction PUZA AP(For sites<50 parking spaces:up from the total number to 5 reduction. For sites>50 spaces: of required spaces up to 10%reduction if substantial landscaping improvements.) Waiver of AP AP(adds<_ 10%deviation for height Development (< 10%deviation of buildings or fences,site coverage Standards for setbacks, and building separation) open space and landscaping) PROPOSED ENTITLEMENT CHANGES (cont'd) PERMIT STREAMLINING DEVELOPMENT STANDARDS-PROPOSED AMENDMENTS USE/STANDARD CURRENT PROPOSED REVIEW REVIEW Lot Line Adjustments(CG,CV ZA AP zones) Mergers ZA AP Downtown SP 5, Single Family DRB AP Homes i PC—Planning Commission P—Permitted ZA—Zoning Administrator AP-Administrative Permit ANALYSIS (cont'd) ➢Director's responsibilities include administering, interpreting and enforcing all requirements and standards of the code. ➢Proposed amendments expand list of permit review from the Zoning Administrator to the Design Review Board or the Planning Director. The Director or designee may approve Administrative Permits that meet the requirements of the code. ANALYSIS (cont'd) NOTIFICATION AND APPEAL PROCEDURES: ➢Action on any item may be appealed pursuant to Chapter 248 of the ZSO ➢Decisions of the Planning Director, Zoning Administrator and Design Review Board may be appealed to Planning Commission (current code) ➢Planning Commission decisions may be appealed to the City Council ➢Projects subject to notice requirements ➢Planning Commission, Zoning Administrator and Subdivision Committee, Residential Infill 7 ANALYSIS (cont'd) ➢Notification for Design Review Board items are required for projects at discretion of Planning Director ➢No changes are proposed to the Notification or Appeal process ANALYSIS (cont'd) ➢Revenue Analysis (Three Year Comparison) 207 CONDITIONAL USE PERMITS (1999-2001) PC ZA Permitted Total Total Fees CUP'S CUP'S (No Fee) Collected Current Code 58 149 - 207 $293,890 Proposed Text 41 151 15 207 $247,430 Amendment 8 RECOMMENDATION Staff recommends that Zoning Text Amendment No. 01-04 be approved in concept because: ➢Decreases processing time for applicants ➢Reduces application costs for the business community and residents ➢Provides excellent customer service ➢Encourages new businesses to locate in Huntington Beach END OF SLIDE SHOW 9 PERMIT STREAMLINING-CONDITIONAL USE PERMITS TYPE OF USE CURRENT REVIEW PROPOSED *PC-$3,430 ZA$1,105 REVIEW Additions to nonconforming structures at PC ZA existing nonconforming yard setbacks(RL, Rm,"M,RM zones Ambulance Services (CG, IL zones) ZA Animal Boardin (CG,IG,IL zones) PC ZA Animal Hos itals(CO,IG IL zones PC ZA Automobile Washing(attended) CG zone) ZA Automobile Washing unattended CG zone ZA * Banks and Savings&Loans with Drive-Up ZA P(Permitted) Service CO CG CVzones Bed&Breakfast Inns (CO, CG, CV zones) PC *Carts and Kiosks ZA P Clubs& Lodges not in RL or RMzones) ZA Commercial Films G IL zones ZA P Commercial Parking Facilities (CG zone) PC Commercial Recreation and Entertainment PC (CG, CV zones) Community and Human Services (CO, CG PC zones) Condo Conversions (four to nine units-Res ZA zones) Condo Conversions (ten or more—Res zones) PC Convalescent Facilities (CO, CG zones) PC Cultural Institutions (CO, CG, CV, PS zones) PC Day Care, Large Family (7-12 children max.- ZA Res zones) *Day Care,Large Family(7-12 children PC (>2,500 sq.ft.) max—commercial zones ZA <2,500 s .ft. P Day Care, General (13 +children—Res. Zones) ZA PC(if in RL zone Day Care,General(13+children—IG,IL PC ZA zones) Development of vacant land or initial ZA construction of buildings (CO, CG, CV, IG, IL zones) Drug Abuse Centers (CG zone) PC Eating&Drinking Establishments with live PC ZA(Amplified) entertainment(CG,IG IL zones) P(Non-Amplified) Eating & Drinking Establishments with live PC entertainment and dancing CG, IG, IL zones) Eating&Drinking Establishments with Alcohol P(>300 ft.from R,PS zones) Sales including liquor CO, CG, CV zones) ZA(<300 ft.from R,PS zones) *Eating&Drinking Establishments with P (> 300 ft from R, PS, p Alcohol Sales excluding liquor(beer&wine zones) only)(CG, CVzones)' ZA(<300 ft.from R,PS zones) 1 PERMIT STREAMLINING-CONDITIONAL USE PERMITS TYPE OF USE CURRENT REVIEW PROPOSED *PC-$3,430 ZA$1,105 REVIEW Eating&Drinking Establishments(IG,IL PC ZA zones) Outdoor Diming in conjunction with Eating ZA ZA(>400 sq.ft.) &Drinking Establishments(CO, CG, CV P(<400 sq.ft.) zones Emergency Health Care (CO, CG zones) PC (>2,500 sq. ft.) ZA(<2,500 sq. ft.) Emergency Kitchens/Shelters (CG zone) ZA(<2,500 sq. ft.) Equestrian Centers CG zone PC Food&Beverage Sales(IL zone) PC ZA Funeral & Internment Services (CG zone) ZA Group Residential (RL, CO, CG, CV and IG PC zones) Heliports(CO,CG, CV zones) PC Hospitals(CO, CG, CV zones) PC Hotels, Motels, Timeshares (CG, CV zones) PC * Industrial Custom—small scale facilities ZA P CG,CV zones Lot Line Adjustments(CG, CVzone) ZA P Major Utilities (RL, CO, CG, CV, IG zones) PC Minor Utilities (RL, CO, CG, CV, IG zones) PC Manufactured Home Parks RL zone) ZA Marina OS zone) PC Model Homes Residential zones) ZA P Multifamily Residential (10 or more units) (RL, PC CV zones) Multifamily Residential (5-9 units) (RL, CV ZA(RL zone) zones) PC (CV zone) Non-City Government Offices (PS zone) PC Non-City Maintenance & Service Facilities (CV PC zone) Non-City Vehicle/Equipment Sales and Service ZA (CG zone) Nurseries CG zone) ZA Park & Recreation Facilities (OS-PR, OS-S, PC OS-WR zones) Park & Recreation Commercial Facilities (CO, ZA CG, CV zones) Pawn Shops(CG zone) ZA Personal Enrichment Services(CO, CG,IG, PC(>2,500 sq. ft.) ZA IL zones) ZA <2,500 sq, ft. P Pet Cemetery (CG zone) PC *Primary Health Care(CO,CG zones) PC (>2,500 sq. ft.) ZA ZA <2,500 sq, ft. P Privacy Gates ZA P 2 PERMIT STREAMLINING-CONDITIONAL USE PERMITS TYPE OF USE CURRENT REVIEW PROPOSED *PC-$3,430 ZA$1,105 REVIEW Public Safety Facilities (RL, CO, CG, CV PC zones) Religious Assembly(CO, CG zones) PC ZA * Religious Assembly(if the primary use in PC ZA an IG,IL zone Religious Assembly (if.secondary use in an IG. ZA IL zone) Research & Development Services exceeding ZA 2,500 sq. ft. in a CO zone (for any size in CG zone) Residential Alcohol Recovery, General PC (CG zone) Residential Care, General (RL, CO, CG zones) PC Residential Hotel (CG, CV zones) PC Schools(with higher educational curriculums) PC (IG, IL zones) Schools, Public or Private (RL, CO, CG zones) PC Service Stations CG, CV, IG, IL zones PC Single Room Occupancy (CG, CV zones) PC Swap Meets, indoor/Flea Markets (CG, IG, Il PC zones) Seasonal/Temporary Parking Lots ZA Tattoo Establishments (CG zone) PC Vehicle Sales&Rentals(CG zone) PC ZA * Vehicle Sale&Rentals(existing facility PC P proposing to expand up to 20%) *Vehicle Sales&Rentals CO zone N/A ZA Vehicle Sales& Service(PS zone) PC *Vehicle Repair Limited CG zone ZA P Vehicle Storage (IL zone) ZA Visitor Accommodations (IG, IL zones) PC Warehouse and Sales Outlets(IG, IL zones) PC Wetlands Maintenance, dredging, nature studies PC OS-PR zone) Wireless Communication Facilities ZA 3 Story Height Increase or Decks (RL zones) ZA PC- Planning Commission "Current Fees ZA—Zoning Administrator P -- Permitted 3 PERMIT STREAMLINING DEVELOPMENT STANDARDS—PROPOSED AMENDMENTS USE/STANDARD CURRENT PROPOSED REVIEW REVIEW Fencing along arterials over six (6) feet high with ZA P(Permitted) approval of Building Permit Parking reduction from the total number of PC/ZA AP(Administrative required spaces Permit) For sites< 50 parking spaces: up to 5 reduction. For sites exceeding 50 parking spaces: up to 10% reduction if substantial landscaping improvement. Planned Sign Programs DRB AP Sign Code Exceptions ZA(any deviation in AP(if design guidelines standards) exist) DRB (if not design guidelines) Temporary Use Permits ZA ZA (>48 hours) (> 72 hours Waiver of Development Standards AP AP (< 10%deviation for (adds< 10%deviation setbacks, open space and for height of buildings or landscaping) fences, site coverage and building separation) Mergers ZA AP Downtown SP 5, Single Family Homes J DRB AP 207 CONDITIONAL USE PERMITS (1999-2001) PC ZA Permitted Total Total Fees CUP's CUP's No Fee Collected Current Code 58 149 - 207 $ 293,890 Proposed 41 151 15 207 $ 247,430 Text Amendment 4 ORDINANCE NO. �4a :,AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMEND�II�FG THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINAN:# BY AMENDING CHAPTER 211C THEREOF-RELATING TO COMMERC ISTRICTS WHEREAS'4,�pursuant to the California State Planning and Zoning w, the Huntington Beach Planning Comission and the Huntington Beach City Council ha held separate, duly noticed public hearings to consider Zoning Text Amendment No. 01-0 , which amends various Sections of the Huntingdon Beach Zoning and Subdivision Ordinanc ncluding three sections of SP 5 (Downtown Specific Ian)-relating to permit streamlining and evelopment processing; and After due consideration of the findings and recommend ions of the Planning Commission and all other evidence presented, the Ciy1an finds that the aforesaid amendment is proper and consistent with the Genera NOW, THEREFORE, the City council of thuntington Beach does hereby ordain as follows: SECTION 1: That Section 211.04 of 1the H tington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows; 211.04 CO, CG, and'CV District : Dand Use Controls .� In the following schedules, letter designat'ons arNsCed as follows: "P" designates use classifications ermitted in commercial districts. "L" designates use classificatio subject to certain Timitations prescribed by the "Additional Provisions" that f low. "PC" designates use classific tions permitted on approval:of a conditional use permit by the Planning Co ission. "ZA" designates use class' ications permitted on approval of&o nditional use permit by the Zoning Ad inistrator. "TU" designates use cl sifications allowed upon approval of a temporary use permit. "P/U" for an accesso use means that the use is permitted on the site of'aa, permitted use,but re uires a conditional use permit on the site of a conditional use. Use classifications that a 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. ord/OIzone ord/chp211/11/14/01 1 CO CG CV Additional Provisions Residential (J)(Q)(R)(V) Group Residential PC PC PC Multifamily Reside teal - - PC Public and Semipublic (A)(J)(Q)(R)(V) Cemetery - - - Clubs and Lodges ZA ZA - Community and Human Services Drug Abuse Centers - PC - Primary Health Care L-2 L-2 - Emergency Kitchens - L-2 - Emergency Shelters - L-2 - Residential Alcohol Recovery, General - PC - Residential Care, General PC PC - Convalescent Facilities Y\L-2 PC PC - Cultural Institutions PC PC PC Day Care, General L-2 L-2 - Day Care, Large-Family L-2 L-2 - Emergency Health Care L-2 - Government Offices "'P P PC Heliports PC PC PC (B) Hospitals PC PC - 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) ord/OIzone ord/chp211/11/9/01 2 .ta P = Permitted CO, CQG, 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 ` IU = Requires conditional use permit on site of conditional use = Not Permitted CO CG CV Additional Provisions 4 Commercial Uses (J)(Q)(R) Ambulance Services � .� - ZA - Animal Sales & Services Animal Boarding - ZA - Animal Grooming - P - Animal Hospitals - ZA - Animals: Retail Sales ,4 - P Equestrian Centers - PC - (S) Pet Cemetery ., - PC Artists' Studios .. P P P Banks and Savings & Loans P P P With Drive-Up Service ZAN ZA ZA Building Materials and Services - P - Catering Services P P P Commercial Filming P x: P P (F) Commercial Recreation and - PC PC (D) Entertainment Communication Facilities. P P P Eating and Drinking Estab. P P P W/Alcohol ZA ZA ZA (N) W/Drive Through - ZA ZA W/Live Entertainment ZA ZA `._ZA (W) W/Dancing PC PC F\C (H) W/Outdoor Dining ZA ZA ZA (X) Food &Beverage Sales - P L-2 w/Alcoholic Beverage Sales - ZA ZA \(N) Funeral & Internment Services - ZA Laboratories L-1 L-1 x Maintenance & Repair Services - P - Marine Sales and Services - P P — Nurseries - ZA - Offices, Business & Professional P P P Pawn Shops - ZA - Personal Enrichment Services L-10 L-10 - Personal Services P P P Research & Development Services L-1 ZA - Retail Sales - P P (U)(V) 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 ord.O l zone ord!chp2 I I"I 1/9101 3 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 - Vehicle Storage - - - Visitor Accommodations Bed &Breakfast Inns PC PC PC (K) Hotels, Motels - PC PC (I) Quasi Residential Time Shares - PC PC (I)(J) Residential Hotel - PC PC (J) Single Room Occupancy - PC PC (J)(0) Industrial (J)(Q)(R)(V) Industry, Custom - L-6 L-6 Accessory Uses (J)(V) Accessory Uses & Structures P/U P/U P/U Temporary Uses (F)(J)(V) 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 (NJ) — Seasonal Sales TU TU TU (MI) Tent Event TU Trade Fairs - TU - Nonconforming Uses (G)(J)(V) ord/OIzone ord/chp211/11/9/01 4 CO, CGand CV Districts: Additional Provisions L-1 Pen I-tt d 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. L-4 Repealed. 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 allowed with a conditional use permit from the Zoning Administrator and maximum 7 persons may be employed full time in proc ssing 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 parkin 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. (A) Limited to facilities on sites 2 acres or less. (B) See Section 230.40: Helicopter Takeoff and Landing Areas. ord/OIzone ord/chp211/11/9/01 5 (C) Repealed. (D) See Section 230.38: Game Centers; Chapter 5.28: Dance Halls; Chapter 9.24: Card Rooms; Chapter 9.32: Poolrooms and Billiards; and Chapter 9.28: Pinball Machines (E) See Section 230.32: Service Stations. (F) See Section 241Q0: 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 maynot obstruct either the public sidewalk or the building entry. See also Chapter 5.18: Dancing Halls; Chapter 5.44: Restaurants - Amusement and Entertainment Premises, and Chapter 5.70: Adult Entertainment Businesses. (I) Only permitted on a major arterialstreet, 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 requirpd. Any use other than visitor serving commercial uses shall only be permittedif 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 beipermitted in any visitor serving designation seaward of Pacific Coast Highway. (K) See Section 230.42: Bed and Breakfast Inns. (L) See Section 230.44: Recycling Operations. (M) Subject to approval by the Police Department, Public Works�DNepartment, 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 saleof alcoholic beverages is not-in conjunction with the sale of gasoline orNother motor vehicle fuel. (2) Restaurants, Bars-and Liquor stores located 300 feet or more from any R or PS district, public or private school, church, or public use. (3) Florist shops offering the sale of a bottle of an alcoholic beverage together with a floral arrangement. ord/OIzone ord/chp211/I 1/9/01 6 (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 residen s or tenants in the vicinity(e.g., increased noise, traffic). (R) Projects within 500 feet of a PS District see Chapter 244. (S) See Section 230.48: Equestrian Centers. (T) See Section 230.50: Indoor Swap Meets/Flea Markets. (U) See Section 230.94: Carts and Kiosks. (V) In the coastal zone, the preferred retail sales uses are those identified in the Visitor Serving Commercial land use�designation which provide opportunities for visitor-oriented commercial activities including specialty and beach related retail shops, restaurants, hotels, motels,theaters, museums, and related services. (W) Non-amplified live entertainment greater than N300 feet from a residential zone or use shall be permitted without a conditional use permit. (X) If the outdoor dining area is 400 square feet or less and no alcohol sale is proposed,-no conditional use permit is required. SECTION 2: That Section 211.08 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 211.08 Review of Plans All applications for new construction, initial establishment of use, exterior alterations and additions shall be submitted to the Planning Department for review. — Discretionary review shall be required as follows: A. Zonin,g 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. ord/OIzone ord/chp211/11/9/01 7 SECTION 2: This ordinance shall take effect thirty days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 200_. ATTEST: City Clerk Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: City Ad >nistrator ' City Attorney �--4 INITIA D AXD APPROVED: Dire for of Planning ord/O1 zone ord/chp21 1/1 1/9/01 8 Ordinance No. �-- LEGISLATIVE DRAFT C ter 211 C Commercial Districts 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 ",I In the following schedules, letter designations are used as follows: "P" designates use classifications permitted in commercial districts. "L" designates use classificatioA 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 upau approval of a temporary use permit. "PIU" for an accessory use means that the use is pe *tted on the site of a permitted use,but requires a conditional use permit on he site of a conditional use. Use classifications that are not listed are prohibited. Letters in pl entheses in the "Additional Provisions" column refer to provisions following the s edule or located elsewhere in the Zoning Ordinance. Where letters in parentheses arkopposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. legis drfUzoning%211LD/11/9/01 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)Q)(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 L-2 L-2 - 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 L-2 L-2 - 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 C PC Religious Assembly ZA PC ZA,-P-,C— - Schools, Public or Private PC PC - Utilities, Major PC PC PC Utilities, Minor P P P (L,) (rest of page not uesed) Icgis drft/zoning/211 LD/1 1/9/01 2 P = Permitted CO, G, L = Limited (see Additional Provisions) and PC = Conditional use permit approved by Planning Commission District 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 (7)(Q)(R) (3341-10/96) Ambulance Services - ZA - Animal Sales & Services Animal Boarding - 1?G ZA - Animal Grooming - P - Animal Hospitals - PC-ZA - Animals: Retail Sales - P - Equestrian Centers - PC - (S) Pet Cemetery z - PC - Artists' Studios P P P Banks and Savings &Loans P P P With Drive-Up Service A ZA ZA 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 P P Eatin and Drinking Estab. L-4P P L-4P { WWcohol ZA ZA, ZA (N) W,LFast Food or-TAe Out Sen,iee ZA ZA \ ZA W/Drive Through - L-4ZA\L-4ZA W/Live Entertainment RGZA 1GZA ZA (W) W/Dancing PC PC C (H) W/Outdoor Dining ZA ZA (X) Food & Beverage Sales - P L- 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 L2L-10 L-2L-10 - Personal Services P P P Research&Development Services L-1 ZA - Retail Sales - P P (U)(V) (3285-6 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 drft/zoning/211 LWI l 9i01 3 X = Permitted = Limited (see Additional Provisions) C = Conditional use permit approved by Planning Commission A = Conditional use permit approved by Zoning Administrator U = Temporary Use Permit /U = Requires conditional use permit on site of conditional use = Not Permitted CO CG CV Additional Provisions Vehicle Equipment/Sales & ervices (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-PE - Vehicle Storage - - - Visitor Accommodations Bed &Breakfast Inns PC PC PC (K) Hotels, Motels :� PC PC (I) (3334-6197) 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) 4 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/LJ X Temporary Uses (F)(J)(V) (3334-6/97) Animal Shows - TU - Circus, Carnivals and Festivals - TU - Commercial Filming, Limited - P P Real Estate Sales ZATU ZATU Z-ATU Retail Sales, Outdoor - PTU PTU (M) Seasonal Sales PTU PTU PTU (M) Tent Event TU Trade Fairs - TU - Nonconforming Uses G J V 3334-6/97) legis drfUzoninc`211 LD/11'9/01 4 CO, CG, %CVtricts: Additional Provisions L-1 Permitted if the spa is 2,500 square feet or less; allowed with a conditional use permit from the ning Administrator if the laboratory space exceeds 2,500 square feet. L-2 Allowed with a conditiona 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 ; allowed with a eenditio Repealed. L-5 Only "limited" facilities are allowed su\toval of a conditional use permit from the Planning Commission fender shops are permitted only as part of a comprehensive automomplex operated by a new vehicle dealer. L-6 Only"small-scale" facilities, as descrissifications, are allowed with a conditional use permit from the Zoning Adm1 istrator and maximum 7 persons may be employed full time in processing or trhating retail products, limited to those sold on the premises. L-7 Attended facilities allowed with a conditional use permi\ione anning Commission; unattended facilities allowed with a condimit from the Zoning Administrator. L-8 On-site storage limited to two rental cars. L-9 Public facilities permitted, but a conditional use permit ing Administrator is required for commercial facilities. L-10 Permitted if the space is 2,500 square feet or less; allow with conditional use permit approval from the Zoning Admini rator if space exceeds 2,500 square feet. In addition, Personal Enrichment uses within a retail buildin 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. legis drftzoning211 LD11%9 01 5 X (A) L ited to facilities on sites 2 acres or less. (B) See S tion 230.40: Helicopter Takeoff and Landing Areas. (C) Repealed 378-2/98) (D) See Section 2-Q.38: Game Centers; Chapter 5.28: Dance Halls; Chapter 9.24: Card Rooms; C pter 9.32: Poolrooms and Billiards; and Chapter 9.28: Pinball Machines. (E) See Section 230.32: rvice Stations. r (F) See Section 241.20: Te orary Use Permits. (G) See Chapter 236: Nonconfo ing Uses and Structures. (H) For teen dancing facilities, bicyt*racks or a special bicycle parking area shall be provided. These may not obstict either the public sidewalk or the building entry. See also Chapter 5.28: Dancei�g 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, d a passive or active outdoor recreational amenity shall be provided, subjr pt to approval of the Planning Commission. (J) In the CV District the entire ground floor area an4 at least one-third of the total floor area shall be devoted to visitor-oriented uses s described in the certified Local Coastal Program Land Use Plan. Any use oth than visitor serving commercial shall be located above the ground level, a d a conditional use permit from the Planning Commission is required. An use other than visitor serving commercial uses shall only be permitted if visit oNerving uses are either provided prior to the other use or assured by deed restricas part of the development. No office or residential uses shall be permitte"tin any visitor serving designation seaward of Pacific Coast Highway. (3334-6N7) (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 Depar men Fire Department and the Director. See also Section 230.86 Seasonal Sales. (N) The following businesses proposing to sell alcoholic beverages for on-site\to off-site consumption are exempt from the conditional use permit process: (1) Retail markets with no more than 10 percent of the floor area devotesales, display, and storage of alcoholic beverages provided the sale o alcoholic beverages is noted-on in conjunction with the sale of gasoline or other motor vehicle fuel. (2) Restaurants, Bars-and Liquor stores that are located 300 feet or more from any R or PS district, public or private school, church, or public use. legis drfti'zoning/21 l LD/11/9/01 6 ' (3)C. orist shops offering the sale of a bottle of an alcoholic beverage together wig a floral arrangement. (0) See Section 0.46: Single Room Occupancy. (P) See Chapter 23 or temporary and seasonal parking. (Q) Development of va`Vt land or additions of 10,000 square feet or more in floor area; or dirdoditions equal to or greater than 50% of the existingg buildin 's oor area; or additions to buildings on sites locatedwithin 3 0 f t of a residential zone or use initial eenstFuetien afo h,,;laifng or 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 prop%ed addition has the potential to impact residents or tenants i the vicinity (e.g., increased noise, traffic). (R) Projects within 500 feet of a PS District ee Chapter 244. (S) See Section 230.48: Equestrian Centers (T) See Section 230.50: Indoor Swap Meets/Flea rkets (U) See Section 230.94: Carts and Kiosks (3248-6/95,33 -6/97,3482-12/00) (V) In the coastal zone, the preferred retail sales uses are ose identified in the Visitor Serving Commercial land use designation whit provide opportunities for visitor-oriented commercial activities including specs lty and beach related retail shops, restaurants, hotels, motels, theaters, museums and related services. (W) Non-amplified live entertainment greater than 3 feet from a residential zone or use shall be permitted without conditional use permit. (X) If the outdoor dining area is 400 square feet or less an no alcohol sale is proposed, no conditional use permit is r uired. 211.08 Review of Plans All applications for new construction, initial establishment of use, exterior alter ions and additions shall be submitted to the Planning c,.w,r.,tmity 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; see Chapter 241. s 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 drftizoning21 ILD/11%9%01 7 ORDINANCE NO. \AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE UNTING TON BEACH ZONING AND SUBDIVISIONORDINANCE BY AMEND. G CHAPTER 212 THEREOF RELATING TO INDUSTRIAL DISTRICTS WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and�the.Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning'Te�,t\Amendment No. 01-04, whichamends various Sections of the Huntington Beach Zoning and�Subdivision Ordinance including three sections of SP 5 (Downtown Specific Plan) relating to permit streamlining and development processing; and After due consideration of the�findings and reco dendations of the Planning Commission and all other evidence presented, the City Co�u cil finds th �/the aforesaid amendment is proper and consistent with the General Plan; y NOW, THEREFORE, the City Council o e City of Huntington Beach does hereby ordain as follows: SECTION 1: That Section 212.04 of the Hun,ti -ton Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 7 212.04 IG and IL Districts Land Use Controls In the following schedules, letter desi `ations are used a's�follo s: "P" designates use classificati;ns permitted in the I disrict . "L" designates use classifications subject to certain limitations rescribed by the "Additional Provisions" which follow. "PC" designates use classi#%cations permitted on approval of a con itional use permit by the Planning Commission. ZA designates use classifications permitted on approval of a cc dit"onal use permit by the Zoning Administrator. TU designates use clalsifications allowed upon approval of a temporary use permit by the Zoning Administrat#r. P/U for an accessoryiuse means that the use is permitted on the site of a permit ed use, but requires a conditional use permit on the site of a conditional use. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to requirements following the schedule or located elsewhere in this ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading, ord/Ol zone amen d/chp2l2/1 1/14/01 1 IG AND IL P - Permitted DISTRICTS: L - Limited (see Additional Provisions) LAND USE'-.-' SE 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 a'1 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 PC PC Heliports Maintenance & Service ` Facilities `� PC PC (0) Public Safety Facilities P P Religious Assembly L-10 L-10 Schools, Public or Private NL- L-6 Utilities, Major PC Utilities, Minor ti� L-7 (P) Commercial Uses - (D)(M) Ambulance Services ZA ZA Animal Sales and Services N, Animal Boarding ZA \ZA Animal Hospitals ZA ZA Artists' Studios P P z. 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 P Eating &Drinking Establishments L-3 L-3 w/Live Entertainment ZA ZA (S) 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) ordOlzone amend/chp212/1 1i301 2 %1� ND IL P - Permitted DIS CTS: L - Limited (see Additional Provisions) LAN SE PC - Conditional use permit approved by Planning Commission CONT LS 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 Personal Services L-1 L-1 Research& Development Servi s P P Sex Oriented Businesses L-11 L-11 (3378-2/98) (regulated by HBMC Chapter 5. (3378-2/98) Sex Oriented Businesses PC PC (R) (3378-2/98) (regulated by HBMC Chapters 5.24 c5.60) (3378-2/98) Swap Meets, Indoor/Flea Markets 4`9 PC PC (Q) Vehicle/Equipment Sales & Services Service Stations *` L-4 L-4 Vehicle/Equipment Repair P P Vehicle/Equip. Sales/Rentals }., L-5 L-5 Vehicle Storage ''. P ZA (I) Visitor Accommodations PC PC (K) Warehouse and Sales Outlets L-8 L-8 'x Industrial (See Chapter 204) (B)(M)(N) Industry, Custom P Industry, General P Industry, Limited P P Industry, R &D P P Wholesaling, Distribution & Storage P P Accessory Uses Accessory Uses and Structures P/U /U (C) Temporary Uses Commercial Filming, Limited P P\(F) ) Real Estate Sales TU T Trade Fairs TU T ) Nonconforming Uses ord/OIzone amend/chp212/11;'3%01 3 IG AND IL Districts: Additional Provisions L-1 Only allowed upo approval of a conditional use permit by the Planning Commission for a mixed use projects ubject to the following requirements: Minimum site area: 3 ages Maximum commercial spaoe: 35 percent of the gross floor area and 50 percent of the ground floor area of buildings fronting on an arterial highway. Phased development: 25 percent.of the initial phase must be designed for industrial occupancy. For projects over 500,000 square feet, the initial phase must include 5 percent of the total amount of industrial space or 50,000 square feet of industrial space, whichever is greater. L-2 Allowed upon approval of a conditionabuse 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. L-3 Allowed upon approval of a conditional use permit by the Planning Commission when in a free-standing structure or as a secondary use in a building provided that no more than 20 percent of the floor area is occupied by such a use. L-4 Only stations offering services primarily oriented to businesses located in an I District are allowed with a conditional use permit by the Planning Commission. \ L-5 No new or used automobile, truck or motorcycle retail saps are permitted. L-6 Only schools offering higher education curriculums are allowed with conditional use permit approval by the Planning Commission. No day care, elementary or secondary schools are permitted. :: L-7 Recycling Operations as an accessory use are permitted; recycling operations as a primary use are allowed upon approval of a conditional use permit by the Planning Commission. 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. i , L-9 Allowed by conditional use permit approval by the Zoning Administrator if the\space is 2,500 square feet or less; allowed by conditional use permit approval by the Planning Commission if the space is over 2,500 square feet. V. F e ord/01zone amend/chp212/I1/3/01 4 IG AND IL Districts: Additional Provisions(continued) L-10 Allowed by conditional use permit approval by the Zoning Administrator as a secondary use; allowed by conditional use permit approval by the Planning Commission as a primary use for a period oftime not to exceed five (5) years.. L-11 Allowed subject to the-following requirements: A. A proposed sex oriented business shall be at least five hundred feet (500') from any residential use, school,park and recreational facility, or any building used for religious assembly(collectively referred to as a "sensitive use") and at least seven hundred fifty feet (750') from another sex oriented business. For purposes of these requirements, all distances_shall be measured from the lot line of the proposed sex oriented business to the lot'line of the sensitive use or the other sex oriented business. The term "residential use" means any property zoned RL, RM, RMH, RH, RMP, and any properties With equivalent designations under any specific plan. To determine such distances the applicant shall submit for review a straight line drawing depicting the distances from the lot line of the parcel of land on which the sex oriented business is proposed which.includes all the proposed parking and: 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; 2. the lot line of any building used for reli�iyous assembly, school, or park and recreational facility within five hundred (500') feet of the lot line of the proposed sex oriented business; and , 7 3. the lot line of any parcel of land zoned RL, RNA, RMH, RH, and RMP and any parcels of land with equivalent designation nder any specific plans within five hundred feet (500') of the lot line of t proposed sex oriented business. B. The front facade of the building, including the entrance and\gnad ge, shall not be visible from any major, primary or secondary arterial streetignated by the Circulation Element of the General Plan adopted May, 199the exception of Argosy Drive. C. Prior to or concurrently with applying for a building permit a c ificate of occupancy for the building, the applicant shall submit appli for P ingDepartment Staff Review of a sex oriented business zoningt with edrawing described in subsection A, a technical site plan, flos and b 'ldingelevations, and application fee. Within ten (10) days of sub , the Direc rshall determine if the application is complete. If the applic deemedincomplete, the applicant may resubmit a completed applicithin ten(10 ord/Olzone amend/chp212/11/3%01 5 IG AND IL Districts: Additional Provisions(continued) P. A. days. Within thirty days of receipt of a completed application, the Director shall Determine if the application complies with the applicable development and peormance standards of the Huntington Beach Zoning and Subdivision Ord ance. Said standards include but are not limited to the following: 1. Chapter 203, Definitions; Chapter 212, Industrial Districts; Chapter 230, Si-t&.Standards; Chapter 231, Off-Street Parking &Loading Provisions; Chaplv�232, Landscape Improvements; and Chapter 236,Nonconforming Uses and Structures. 2. Chapter 238(b), Signs. Signage shall conform to the standards of the Huntington Beach Zoning and Subdivision Ordinance Code except a. that such sins shall contain no suggestive or graphic language, photographs;silhouettes, drawings, statues, monuments, sign shapes or sigriprojections, or other graphic representations, whether clothed or unclothed, including without limitation representations that depict "specifld anatomical areas" or "specified sexual activities"; and , b. only the smallest of the` igns permitted under Chapter 233.08(b) shall be visible from any rpajor, primary or secondary arterial street, such streets shall be those designated in the Circulation Element of the General Plan adopted Mai, 1996, with the exception of Argosy Drive. `L 3. Compliance with Huntington Beach MuniFipal Code Chapter 5.70. M1 D. The Director shall grant or deny the application for ex 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 pe\ttthe applicant to obtain prompt judicial review. E. Ten (10) working days prior to submittal of an applicatex oriented business zoning permit for Staff Review, the applicant cause notice of the application to be printed in a newspaper of general n; and (ii) give mailed notice of the application to property owners within one th\usand (ImOOO') feet of the proposed location of the sex oriented business; and th Huntington Beach, Department of Community Development by . The notice of application shall include the following: 1. Name of applicant; 2. Location of proposed sex oriented business, including str known) and/or lot and tract number; ordr0lzone amend/chp212/11i3:'01 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; 4.jN' § The City Hall telephone number for the Department of Community Development to call for viewing plans; 5. The date by which any comments must be received in writing by the Department of Community Development. This date shall be ten (10) working days from'staff review submittal; and 6. The addre§s of the Department of Community Development. F. A sex oriented busirie, s may not apply for a variance pursuant to Chapter 241 nor a special sign permit pursuant to Chapter 233 G. A sex oriented business zoning permit shall become null and void one year after its date of approval unless: 1. Construction has commenced or a Certificate of Occupancy has been issued, whichever comes fi`, tt; or k 2. The use is established. H. The validity of a sex oriented business zoning permit shall not be affected by changes in ownership or proprietorship prodded that the new owner or proprietor promptly notifies the Director of the transfer.I, f� I. A sex oriented business zoning permit shall lapse1j-f the exercise of rights granted by it is discontinued for 12 consecutive months. (A) Limited to facilities on sites of 2 acres or less. (B) A conditional use permit from the Zoning Administrator is required for any new use or enlargement of an existing use, or exterior alterations and additions"for an existing use located within 150 feet of an R district. The Director may waive this requirement if there is no substantial change in the character of the use which would affect adjacent residential property in an R District. (C) Accessory office uses incidental to a primary industrial use are limited to 10'percent of the floor area of the primary industrial use. (Rest of page not used) ord/Olzone amend/chp2121111 3l01 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. (E) See Section 241.22: Temporary Use Permits. (F) See Chapter 236: Nonconforming Uses and Structures. (H) Medical/dental offices, insurance brokerage offices, and real estate brokerage offices, except for on-site leasing offices, are not permitted in any I District. Administrative, management, regional or headquarters offices for any permitted industrial use, which are not intended to serve the public, require a conditional use permit from the Zoning Administrator to occupy more than 10 percent of the total amount of space on the site of the industrial use. h (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: (a) The site shall not be located within 660 feet of an R district. (b) All special metal cutting and compacting equipment shall be completely screened from view. (c) Storage yards shall be enclosed by a solid 6-inch c�` Crete 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 a maintained. (d) Items stacked in the storage yard shall not exceed the heig t of the screening walls or be visible from adjacent public streets. (J) Limited to facilities serving workers employed on-site. ` (K) See Section 230.46: Single Room Occupancy. (L) Limited to Emergency Shelters. ' ord-01 zone amend/chp?1?/1 1!3%01 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 e''qual 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 tojmpact residents or tenants in the vicinity(e.g., increased noise, traffic). (N) Major outdoor operations require conditional use permit approval by the Planning Commission. Major outside operations include storage yards and uses utilizing more than 1/3 of the site for outdoor operation. (0) See Section 230.40: Helicopter Takeoff and Landing Areas. (P) See Section 230.44: Recycling Operations. (Q) See Section 230.50: Indoor Swap Mects/Flea Markets (R) See L-I I(A) relating to locational restrictiQns. (S) Non-amplified live entertainment greater thai,300 feet from a residential zone or use shall be permitted without a conditional use permit. ,ry S (T) Subject to approval by the Police Department, Public Works Department, and Fire Department and the Planning Director. SECTION 2: This ordinance shall take effect thirty days after its adoption. PASSED AND ADOPTED by the City Council of the City of H> tington Beach at a regular meeting thereof held on the day of , 240 ATTEST: City Clerk Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: City Ad lstrator rar City Attorneys 1D( INITIA D APPROVED: Z;g v Z Direc or of Planning ord/0I zone amendichp212/11/101 9 Ordinance No. a23 LEGISLATIVE DRAFT �J(C­�,4,,,;fptex 21ZI Indus r-.ial`Districtsa .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 Blaanns 212.02 Industrial Districts Established (3254-10/94) Two (2) industrial zoning districts are established by this chapter as follows: (3254-10/94) A. The IG General Industrial District provides sites for the full range of manufacturing, industrial processing, resource and energy production, general service, and distribution. (3254-10/94) B. The IL Limited Industrial District provides sites for moderate- to low-intensity industrial uses, commercial services and light manufacturing. (3254-10/94) 212.04 IG and IL Districts: 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 district (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 us\penrnit by the Zoning Administrator. (3254-10/94) "P/U" for an accessory use means that the use is permitted on the site of a ped 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) 1 legisdift/zoning code/212LD/1 1/3/01 1 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 M Public and Semipublic (A)(M) Community and Human Service Facilities , PC PC (L) Day Care, General PC PC 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- P-GZA Animal Hospitals ZA- kZA 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 P Eating & Drinking Establishments L-3 L-3 w/Live Entertainment ZA ZA (S) Food & Beverage Sales RGZA PGZA 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/1113101 2 IG AND IL P - Permitted DISTRICTS: L - Limited (see Additional Provisions) LAND USE PC - Conditional use permit approved by Planning Commission CONTRAS 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 Personal Services L-I L-1 Research & Development Services P P Sex Oriented Businesses L-I 1 L-I 1 (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 \L_ PC PC (Q) Vehicle/Equipment Sales & Services Service Stations L-4 L-4 Vehicle/Equipment Repair P P Vehicle/Equip. Sales/Rentals L-5 L-5 Vehicle Storage P ZA (I) Visitor Accommodations PC PC (K) Warehouse and Sales Outlets 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 PTU PTU Trade Fairs TU TU Nonconforming Uses (F) legisdrft/zoning code/212LD/11/3/O1 3 IG AND M 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) z 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 buildink,fronting on an arterial highway. (3254-10/94) Phased development: 2S`,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 industriA,space or 50,000 square feet of industrial space, whichever is greater. (3254-10/94) 0, L-2 Allowed upon approval of a cond 'onal use permit by the Planning Commission when designed and oriented for principalse by employees of the surrounding industrial development or when designed for general public use, after considering vehicular access and parking requirements. (3254-1C , \\ L-3 Allowed upon approval of a conditional us \db he Planning Commission when in a free-standing structure or as a secondary useng provided that no more than 20 percent of the floor area is occupied by such10/94) L-4 Only stations offering services primarily oriinesses located in an I District are allowed with a conditional use permit by theommission. (3254-10/94) L-5 No new or used automobile, truck or motorcycle retail s es are permitted. (3254-10/94) L-6 Only schools offering higher education curriculums are allo ed with conditional use permit approval by the Planning Commission. No day care, element or secondary schools are permitted. (3254-10/94) L-7 Recycling Operations as an accessory use are permitted; recycling erations as a primary use are allowed upon approval of a conditional use permit by the Planni Commission. (3254- 10/94) L-8 Allowed upon conditional use permit approval by the Planning Commissi when a single building with a minimum area of 100,000 square feet is proposed on a site nting an arterial. The primary tenant shall occupy a minimum 95% of the floor area a the remaining 5%may be occupied by secondary tenants. (3254-10/94) L-9 Allowed by conditional use permit approval by the Zoning Administrator if the spa is 2,500 square feet or less; allowed by conditional use permit approval by the Planning Com 'ssion if the space is over 2,500 square feet. (3254-10/94) legisdrft/zoning code./212 LD/11/3101 4 IG AND I'L Districts: Additional Provisions(continued) L-10 Allowed�by conditional use permit approval by the Zoning Administrator as a secondary use; allowed bimonditional use permit approval by the Planning Commission as a primary use 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 assembly0(collectively referred to as a "sensitive use") and at least seven hundred fifty feet (7«50') 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 equival e�nt designations Linder any specific plan. (3378-2/98) To determine such distances the applicant shall submit for review a straight line drawing depicting the distancesNfrom the lot line of the parcel of land on which the sex oriented business is proposedlwhich includes all the proposed parking and: (3378- 2/98) 1. the lot line of any other sex orien,�ted 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 ignage, shall not be visible from any major, primary or secondary arterial street aesignated by the Circulation Element of the General Plan adopted May, 1996, wrth 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 legisdrft/zoning code/212LD/I 1/3/01 5 IG AND IL�Districts: Additional Provisions(continued) a co npleted 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 fol lowing (3378-2/98) 1. Chapter W, 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. (33.78-2/98) 2. _ Chapter 233.08(b), Signs. Signage shall conform to the standards of the Huntington Beaci�Zoning and Subdivision Ordinance Code except a. that snchsNshall contain no suggestiveor graphic language, photographs, silhouettes, drawings, statues, monuments,sign shapes or sign projections, oryother graphic representations, whether clothed or unclothed, including\without limitation representations that depict "specified anatomical,areas"'or "specified sexual activities"; and (3378- 2/98) b. onlythe 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, 199 , with the exception of Argosy Drive. 3. Compliance with Huntington Beach Municip,al 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 permitti\Ig the applicant to obtain prompt judicial review..(3378-2/98) E. Ten(10) working days prior to submittal of an application fora sex oriented business zoning permit for Staff Review, the applicant shall: (i) cause notilee 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-\pproposed location of the sex oriented business; and the City of Huntington Beac epartment of Community Development by first class mail. (3378-2/98) The notice of application shalt 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) Iegisdr0/zoning code/212LD/11/3/01 6 IG AND IL D1< ricts: Additional Provisions(continued) 3. \Devel e sex oriented business, including maximum height and square he proposed development; (3378-2/98) 4. all telephone number for the Department of Community nt to call for viewing plans; (3378-2/98) 5. which any comments must be received in writing by the Department"nf 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 hew owner or proprietor promptly notifies the Director of the transfer. (3378-2/98) \ I. A sex oriented business zoning permit shall lapse if tN exercise of rights granted by it is discontinued for 12 consecutive months. (3378-2/98) ti (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 r any new use or enlargement of an existing use, or exterior alterations and additions fo an existing use located within 150 feet of an R district. The Director may waive this re uirement if there is no substantial change in the character of the use which would affect adja nt residential property in an R District. (3254-10/94) (C) Accessory office uses incidental to a primary industrial use are limited to 10 rcent of the floor area of the primary industrial use. (3254-10/94) (Rest of page not used) legisdrft/zoning code/212LD/i 1/3/01 7 W. IG AND I1L, 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 sigiisl advertise the adjunct use, the adjunct use is physically separated from the primary industriakuse, any retail sales are limited to goods manufactured on-site, and the primary industrial ftnts 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) i (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) s (a) The site shall not be located within 660 feet of'an R district. (3254-10/94) (b) All special metal cutting and compacting equipmei shall be completely screened from view. (3254-10/94) (c) Storage yards shall be enclosed by a solid 6-inch concre block or masonry wall not less than 6 feet in height and set back a minimum 10 feet om abutting streets with the entire setback area permanently landscaped and maintai d. (3254-10/94) (d) Items stacked in the storage yard shall not exceed the height oftb 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) legisdrftizoning codei212LDi11113/01 8 IG AND I'Districts: Additional Provisions(continued) (M) b-y the Zoning Administr-ater-unless Planning Commission appr-oval is F­­NA e of use shall be subjeet to the appr-eval of the Director-unless Development of vacant land and/or a ditions of 10,000 square feet or more in floor area; or addIitions equal to or greater than 50% of the existing building's floor areakor additions to buildings on sites located within 300 feet of a residential zo a or use for a permitted use requires approval of a conditional use ermiom the Zoning Administrator. The Planning Director may refer an opposed addition to the Zoning Administrator if the proposed addition has hepotential to impact residents or tenants in the vicinity (e.g., increased noise, traffic). (N) Major outdoor operations require con itional use permit approval by the Planning Commission. Major outside operations 'nclude storage yards and uses utilizing more than 1/3 of the site for outdoor operation. (3254il0/94) (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-I I(A) relating to locational restrictions. (3254-10/94,3378-2/98) (S) Non-amplified live entertainment greater than 3Q0 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. 212.06 IG AND IL Districts: Development Standards (3254-10/94) 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 defih9d in Chapter 203, the floor area ratio is calculated on the basis of net site area. Fractional number 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. (32 - 10/94) legisdrfvzoning code./212LD/11/3101 9 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.) `ti, 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 t=� See Section 230.88 Off-Street Parking and Loading See Chapter 231 (J) 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, exc t 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 i eight (1 foot for each foot of height) and for buildings exceeding 150 feet in length (I foot fo 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) legisdrfvzoning code%212LD 11/3/01 10 1\ IG AND IL D><Ticts: Additional Development Standards (continued) Exception. The oning Administrator or Planning Commission may approve a conditional use permit to allo a 15-foot interior side yards opposite a zero-side yard on one lot, if an abutting side yard a least 15 feet wide is provided and access easements are recorded ensuring a minimum 0-foot separation between buildings. This 30-foot accessway must be maintained free of obs ctions and open to the sky, and no opening for truck loading or unloading shall be perm ed in the building face fronting on the accessway unless a 45-foot long striped areas is provi d solely for loading and unloading entirely within the building. (3254-10/94) (G) See Section 230.70: Measurem t of Height. Within 45 feet of an 1 district, no building or structure shall exceed a height o 8 feet. (3254-10/94) (H) Planting Areas. Required front and reet-side yards adjacent to a public right-of-way shall be planting areas except for necessary rives and walks. A 6-foot wide planting area shall be provided adjacent to an R district and c Main one tree for each 25 lineal feet of planting area. (3254-10/94) 4 (I) See Chapter 232: Landscape ImprovementsN( 254-10/94) (J) Truck or rail loading, dock facilities, and the do,ors for such facilities shall not be visible from or be located within 45 feet of an R district. (3254- p/94) (K) See Section 230.80: Antennae. (3254-10/94) (L) Noise. No new use shall be permitted, or exterior alteraons and/or additions to an existing use allowed, within 150 feet of an R district until a report repared by a California state- licensed acoustical engineer is approved by the Director. 1is report shall include recommended noise mitigation measures for the industrial wN 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"4se if it can be established that there had been no previous noise offense, that no outside activYlies 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 rollows: (3254-10/94) A. Zoning Administrator Review. Projects requiring a conditional use permit fromhe 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) legisdrftizoning code/212LDi l 1i3i01 11 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/I 113101 12 ORDINANCE NO. N ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDJNG TH UNTINGTON BEACH ZONING AND SUBDIVISION ORDINAN'tE BY AM DING CHAPTER 230 THEREOF RELATING TO SITE STANI)ARDS WHEREAS,'Nrsuant to the California State Planning and Zoning/Law, the Huntington Beach Planning Commission and the Huntington Beach City Council have held separate, duly noticed public hearings towonsider Zoning Text Amendment No. 01-(I44, which amends various Sections of the Huntingtonleach Zoning and Subdivision Ordinance including three sections of SP 5 (Downtown Specific Plaxi) relating to permit streamlining and development processing; and N i. After due consideration o1Nie findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent why the General Plan; NOW, THEREFORE, the City Co i�Fil of the City of Huntington Beach does hereby ordain as follows: SECTION l: That Section 230.74 of the j untington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows:/ 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 Zomhg 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 Prinking Establishment sh 1 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 pieparation of food or beverages all be permitted. B. Permit Conditions: Grounds fo Denial. The Zoning Administrator may require yards, screening, or planting areas n cessary to prevent adverse impacts on sthTounding properties. If such impacts cannot be prelvented, the Zoning Administrator shall der y the conditional use permit application. �h C. Exceptions. Notwithstan ng the provisions of subsections (A) and (B) abov - outdoor storage and display shall e permitted in conjunction with the following use cla ifications in districts where they are rmitted or conditionally permitted: 1. Nurseries, provide outdoor storage and display is limited to plants, new garden equipment and co ainers only; and 2. Vehicle/E ui m t Sales and Rentals, provided outdoor storage and display shall be limited to vehi es, 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 ord/01 zoning ord/chp230/11/14/01 1 height of merchandise, materials, and equipment stored or displayed shall not exceed the height of the screening fence or wall. SECTION 2: That Section 238.88 of the Huntington Beach Zoning and Subdivision Ordinafte is hereby amended to read as follows: N 230.88 ncing and Yards No portion of a equired yard area provided for a structure on a lot shall be considered as part of the yard area for y other structure on the same or an adjacent lot. In all districts, minimum setback lines shall e measured from the ultimate right-of--way line. Diagrams A, B and C are hereby adopted to it strate the provisions of this chapter. Where any discrepancy occurs between the diagrams nd the printed text, the text shall prevail. Yards and fencing shall comply with the following criteria all districts or as specified. A. Permitted Fences and ells. 1. Fences or walls a maxirhum 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 heightmay not be located in the required front yard, except as permitted elsewhere in this Section. (3334-6/97,3410-3/99) a 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 or4n the regulations of the district in which they are located. z a. Fences and walls located adjacent to arterials along the rear and/or street side yard property lines, and behind the front setback, maNe constructed to a maximum total height of eight (8) feet including retaining wall wig 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 fI y-two (42) inches in height. This subsection shall not apply to lots abutting arterial hays. 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 ord/Olzonins ord chp230.iIIr8iOI 2 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--ttwo (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 ownership and only at the time of initial construction of the dwellings. b. Such walls shall not encroach into the visibility triangular area formed by measuring seven and one-half(7.5) feet along the driveway and ten (10) feet along the front property line at their point of intersection. c. Such walls shall conf.6rm 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(424) 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%)io�finch high wall or fence may be erected above the retaining wall with a minimum",three (3) foot setback from the front property line. (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 tie highest adjacent curb. Subject to the Director's approval, a second retain ng 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.) ord/OIzoning ord/chp230/11/3/01 3 Requi red Tree/Palm Landscaping I I Fr t Building* nronrrty ine May:1T" Patio I I h Max.18" Retninino Walk Sidewalk/Parkuay Max.18" �i *See Maximum building height in Chapter 210 �h e. All retaining walls abutting a street shall b6,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 matenalko 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 strerieth 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 sell 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. N 10. In the industrial districts, nine (9) foot high fences may be permitted in tl`&aside and rear setbacks up to the front building line subject to plan review approval by the erector. 11. Deviations from the maximum height requirements for walls as prescribed by t is Section may be permitted subject to an approval of conditional use permit by the Zoning Administrator. 12. Within the coastal zone, no gate, fence or wall shall be permitted that restricts or obstructs public access to the shore. 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 ord/O1 zoning ord;chp230/11/3;01 4 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. dustrial screening walls abutting arterial highways shall be architecturally compatible wi surrounding properties, constructed of a minimum six (6) inch wide decorative mas block, and designed with landscape pockets at thirty-five (35) foot intervals along street side sufficient in size to accommodate at least one (1) 15-gallon tree. Approva f a conditional use permit by the Zoning Administrator shall be required prior to construc .on of such walls. C. Visibility. 1. On reverse corner is and corner lots abutting an alley, no fence, wall or hedge greater than forty-two (42) ches in height may be located within the triangular area formed by measuring ten (10) fe from the intersection of the rear and street side property lines. 2. On corner lots, no fence, all, landscaping, berming, sign, or other visual obstruction between forty-two (42) inc s and seven (7) feet in height as measured from the adjacent curb elevation may be locate within the triangular area formed by measuring twenty-five (25) feet from the intersection the front and street side property lines or their prolongation. Trees trimmed fre of branches and foliage so as to maintain visual clearance below seven (7) feet sha be permitted. 3. Visibility of a driveway crossing a stree r alley property line or of intersecting driveways shall not be blocked between a eight of forty-two (42) inches and seven (7) feet within a triangular area formed by meas ng ten (10) feet from intersecting driveways or street/alley and driveway. PROP�R�4/Nf DIAGRAM A 230-CORD ord/O 1 zoning ord/chp230/11/3/01 5 - - - - - - - - - - - - - - - - 1O• 1O _ . 10 — — — — 1 O' 10, 10, 10, �^+ 230-setb STREEVALLEY DIAGRAM B z p` S lE l< l CP�g Rry 4 `6F b. w� ord Olzoning ord/chp230/11 3%Ol 6 REVERSE CORNER LOT �ORNER LOT INTERIOR LOT CORNER LOT ABUTTING ALLEY v v 3 it l A, THROUGH THROUGH IT CORNER LOT HEIGHT MEASUREMENT OF FENCE OR WALL A A U A 42 IRch high fence may be constructed on any portion of the lot. Indibotes that portion of the lot on which a 6 foot high fence may be constructed. % "A" Indicates minimu*ont yard setback. % Diaqram C • v- -216- 604,4 6�0119DFA'9230-SIQAIP ord/01 zoning ord/chp230/11 1;3,01 7 S\ION : This ordinance shall take effect thirty days after its adoption. PND ADOPTED by the City Council of the City of Huntington Beach at a regular meof held on the day of 5200_. ATTEST: City Clerk Mayor �a REVIEWED AND APPROVED, APPROVED AS TO FORM: it lot City Ad inistrator /City Attorney i,I6161 1NITIA D APPROVED: Dire or o Plannin jk r\ ord/01zoning ord/chp230111,3/01 8 o 35,2� 3. Ingress and egress to the site shall be reviewed by the Department of Public Works to insure thatVo 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 upoVrmination 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 sal�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 oPthe time limit for single season agricultural product. 230.88 Fencing and Yards No portion of a required yard area provided for a structure on a lot shall be considered as part of .the yard area for any other structure on the same or an adjacent lot. In all districts, minimum setback lines shall be measured from the ultimate right-of-way line. Diagrams A, B and C are hereby adopted to illustrate the provisions of this chapter. Where any discrepancy occurs between the diagrams and the printed text, the text shall prevail.. Yards and fencing shall comply 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 requ k.ired 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 IegisdrfUzoning code/230LD/I 113101 35 (2) Extensions to existing wall(s) shall require submittal of engineer calculations to the Building and Safety Department. b (3) Th property owner shall be responsible for the care and maintenance of �ndscape area(s) and wall(s) and required landscape area(s). ti (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. 1 5. When residential property abuts open or publi&4and or property zoned or used for office, commercial, or industrial purposes, an eight (8) €dot high solid masonry or block wall may be constructed on the common side or rear prpperty line. 6. In order to allow variations in the street scene in R(h1wicts, fences or walls exceeding forty-two (42) inches in height may be permitted at a` duced front setback of six (6) feet subject to plan review approval by the Director in conance with the following criteria: a. The reduced setback shall be only permitted for five (5)�r more contiguous lots under the same ownership and only at the time of initial construhtion of the dwellings. b. Such walls shall not encroach into the visibility triangular ar\this ed by measuring seven and one-half(7.5) feet along the driveway and ten (10ng the front property line at their point of intersection. c. Such walls shall conform to all other applicable provisions ction. 7. Retaining walls shall comply with the following: a. Where a retaining wall is located on the property line separating lots or\or protects a cut below the natural grade, such retaining wall maybe toppe wall or hedge of the same height that would otherwise be permitted at t no retaining wall existed. b. Where a retaining wall is on the property line of a rear yard abutting an exterior side yard and contains a fill of two (2) ft. or less or protects a cexisting grade, such retaining wall may be topped with a six (6) ft. deco 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. IegisdrfUzoning codei230LDi 11%3%01 36 a� ORDINANCE NO. 3 AN O INANCE OF THE CITY OF HUNTINGTON BEACH AME G THE HUN GTON BEACH ZONING AND SUBDIVISION ORDIN CE BY AM ING CHAPTER 233 THEREOF RELATING TO SI S WHEREAS,pursuant to the California State Planning and Zoni Law, the Huntington Beach Planning Commissioned the Huntington Beach City Council ve held separate, duly noticed public hearings to consi r Zoning Text Amendment No. 01 4, which amends various Sections of the Huntington Beach\thefi and Subdivision Ordina e including three sections of SP 5 (Downtown Specific Plan) r permit streamlining a d development processing; and After due consideration ofngs and recommen ations of the Planning Commission and all other evidence presen d, the City Cou cil finds that the aforesaid amendment is proper and consistent with th eneral Plan- NOW, THEREFORE, the City Council of the C' y of Huntington Beach does hereby ordain as follows: SECTION 1: That Section 233.04 of the H ti gton Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: t 233.04 Permits Required ' Sign permits are required for all signs, unle s expressly exe ted under Section 233.08. A sign permit (building permit) for a new sign or hange in sign pan /face shall be obtained from the Planning and Building and Safety Depart ents prior to install a-'on. g A. Sign Permit. A complete ign application shall inclde e the following information: ai 1. Two sets of fully- imensioned plans drawn to scab. The plans shall include the following: a. Site plan ndicating the location of all proposed signs, as well as the size a location of existing signs on the site. Platographs should be submit d if available. b. Sign evations, indicating overall square footage and lehpr/figure dim sions, letter style, color(indicate standard color nuri*er if ap icable), materials, proposed copy and illumination metlibd. C. Dimensioned building elevations with existing and proposed sips depicted. 2. Property owner approval in the form of a letter or signature on the plans, approving the proposed signs and authorizing submission of the sign application. ord/0Izoning ord./chp233/1 U14/01 1 3. For wall signs, method of attachment; for freestanding signs, foundation plan, sign support and attachment plan. 4. Type and method of electrical insulation devices, where applicable. 5. Any design modification from the requirements of this chapter that have been approved shall be noted, and compliance with the planned sign program, limited sign permit, or sign code exception shall be demonstrated. B. Planned Sign Program. Approval of a planned sign program pursuant to Section 233.201shall be required prior to application for a_sign permit for the following requests\ 1. A site with five or more non-residential businesses or uses. 2. A site with two or more freestanding identification signs where there is a request for '�a_new freestanding sign. 3. Commercial prgperties with 1,300 feet or more on one street frontage requesting more"freestanding signs than allowed pursuant to Section 233.06. 4. Consolidated subdivision directional signs identifying multiple projects on multiple sign panels. 5. Service stations. 6. Wall signs for second floor businesses with exterior access. 7. Wall signs installed on a build>ng wall not adjacent to the business suite. C. Sign Code Exception: The Director may giant approval for a sign code exception of not more than 10% in sign height or sign area. The Design Review Board shall review and render a recommendation to the Director for sign code exception requests of more than 10% in sign height or sign area supergraphics, three- dimensional signs, and relief from the strict application of Section 233.06. The following findings shall be made prior to approval of any sign code exception: l. The sign is compatible with the character of the area and is needed due to special circumstances defined by the applicant and`,applicable to the property. 2. The sign will not adversely affect other signs in the area. 3. The sign will not be detrimental to properties located Ninthe vicinity. 4. The sign will not obstruct vehicular or pedestrian traffic visibility and will not be a hazardous distraction. D. Limited Sign Permit: The owner of a sign which does not conform tot e provisions of Section 233.06 may file an application for a limited sign permit to theDirector for permission to change the face or copy of such sign. A limited sign perrmit cannot be processed for illegal signs or signs listed as prohibited in Section 33.10. The Director may approve the face change and extend a sign's use for a time ��yyeriod deemed appropriate, not to exceed two (2) years. A sign permit shall be obtai�ied prior to installation of the new sign panel/face. ord/OIzoning ord/chp233/11/3/01 2 A cash bond in an amount determined by the Director to reflect the cost of removal based on information provided by a sign company shall be required to guarantee the sign's removal upon expiration of the limited sign permit. Approval shall be subject to the following findings: 1. Due to unique circumstances, the sign's immediate removal will result in a substantial hardship for the applicant. 2. The sign will not adversely affect other lawfully erected signs in the area. 3. a sign will not be detrimental to properties located in the vicinity. 4. The ' will be in keeping with the character of the surrounding area. 5. The sign ill not obstruct vehicular or pedestrian traffic visibility and will not be a h ardous distraction. E. Design Review Bold. When authorized by the provisions of this code, the Design Review Board (DRB hall review and render a recommendation to the appropriate decision maker(Zonin Administrator, Director, Planning Commission, etc.) on the following items prior to plication for a sign permit to the Building Department: 1. Electronic Readerboar", igns. 2. Signs on properties within the following areas: a. Redevelopment project areas; } b. Areas subject to specific plans which do not include design guidelines for signs; C. Areas within 500 feet of PS (Pub1' Semipublic) districts; d. OS-PR(Open Space-Parks and Recieation) and OS-S (Open Space- Shoreline districts); and e. Areas designated by the City Council. \ee _ F. TempoM Sign Permits. The Director may issue a tsign permit valid for up to 30 days, if it is found that the temporary sign is to establish or maintain identity until a permanent sign can be erecteions of the 30 day permit maybe granted at the discretion of the Directoector may also approve a temporary sign permit for the following te provided the signs conform with the standards defined in Section 21. Signs necessary to avoid a dangerous condition direct nal signs during construction. 2. Signs pertaining to a use permitted by a temporrmit. 3. Promotional activity non-exempt signs, a maximum of 90 days per calendar year pursuant to Section 233.18. ord/01zoning ord/chp233/11/8/01 3 \233.20Plannied N 2: That Section 233.20 of the Huntington Beach Zoning and Subdivision Orreby amended to read as follows: Planned Sign Program si rogram shall be submitted to the Director when required by Section 233.04 B. am s 11 be reviewed and approved by the Director prior to issuance of any permit for purpo of the planned sign program is to encourage coordinated and quality sign gell as to permit more flexible sign standards for commercial and industrial centers. The standards of Secti 233.06 shall be used as a guide in the design of a planned sign program. The property owner shaK..designate a person or firm as the primary liaison with the City for the purpose of submitting sigpermit requests in conformance with the approved planned sign program. A. Planned sign pr am applications shall be submitted to the Planning Division and shall include the lowing: 1. A site plan, drayn to scale, depicting the precise locations of all buildings and signs; 2. Drawings and/or sk hes indicating the exterior surface details of all buildings on the site o' ,,which wall signs, directory signs, or projecting signs are proposed; 3. Written text describing the''specific sign criteria for the property. The program shall, at minimum, include provisions regulating sign height, area, sign type, colors, design and 18'e4tion. 4. A statement of the reasons for any quested modifications to the provisions or standards of this chapter; and 5. The name, address, and telephone num�, r of the person or firm responsible for administering the planned sign progr B. A planned sign program may include more than on freestanding sign per parcel or other deviations from the standards of this chapter,p vided that the total sign area does not exceed the area otherwise permitted by Secti 233.06 by more than 10 percent, or by 30% for multiple automobile franchis occupying the same lot, and commercial businesses with 50,000 square feet or mo of floor area. In approving a planned sign program, the Director shall find: 1. That the proposed signs are compatible with the style or aracter of existing improvements on the site and are well related to each other, eflecting a common theme and design style. C. The Director may require any reasonable conditions necessary to c ut the intent of the planned sign program. For developments with existing si , a schedule or phasing plan for bringing such signs into conformance with t lanned sign program shall be submitted and become part of the approval. A cas and may be required to guarantee their modification or removal. ord/01zoning ord/chp233/11/8/01 4 ECTION 3: This ordinance shall take effect thirty days after its adoption. PA ED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeti thereof held on the day of , 200_. ATTEST: City Clerk Mayor REVIEWED AND APPROVE APPROVED AS TO FORM: City Adm' istrator A -City Attorney f INITIA ED A APPROVED: K, yi k Dir6cWr o Planning 'w '=z ord%Olzonine ord/chp233,11.8%01 5 �e t, Ordinance No. �3 502 7 LEGISLATIVE DRAFT j[Cj1::a�Pt:e:r 233,2k, Sections: 233.02 Reserv�O 233.04 Permits equired 233.06 Permitted igns 233.08 Exempt Si 233.10 Prohibited Si s 233.12 Electronic Rea erboards 233.14 Readerboard Si s-Multiple Users 233.16 Subdivisional Dir tional Signs 233.18 Promotional Active Signs 233.20 Planned Sign Progra\a ,d 233.22 Miscellaneous Signs Provisions 233.24 Nonconforming Signs 233.26 Code Compliance 233.28 Definitions �n 233.02 Reserved (3360-12/97) 233.04 Permits Required (3334-6/97) , Sign permits are required for all signs, unless expressly exempt6d under Section 233.08. A sign permit (building permit) for a new sign or change in sign panel/f e shall be obtained from the „o.. �__ePA of GenwAt-ity DevelepffleR*Planning and Building and Safety Departments prior to installation. (3360-12/97) '. A. Sign Permit. A complete sign application shall include th following information: (3334-6/97) 1. Two sets of fully-dimensioned plans drawn to scale. Thlans shall include the following: (3334-6/97,3360-12/97) a. Site plan indicating the location of all proposed signs,\number he size and location of existing signs on the site. Photould be submitted if available. (3334-6/97,3360-12/97) b. Sign elevations, indicating overall square footage and e dimensions, letter style, color(indicate standard color applicable), materials, proposed copy and illumination method. (3334- 6/97) C. Dimensioned building elevations with existing and proposed signs depicted. (3334-6/97,3360-12/97) 01 Iegisdrf/233LD/11/2/01 1 \2. roperty owner approval in the form of a letter or signature on the plans, pproving the proposed signs and authorizing submission of the sign pplication. (3334-6/97,3360-12/97) or wall signs,method of attachment; for freestanding signs, foundation plan, ign support and attachment plan. (3334-6/97) 4. T e and method of electrical insulation devices,where applicable. (3334-6/97) 5. Any sign modification from the requirements of this chapter that have been appro d shall be noted, and compliance with the planned sign program, limited permit, or sign code exception shall be demonstrated. (3334-6/97, 3360-12/97) B. Planned Sim Pro Approval of a planned sign program pursuant to Section 233.20 shall be requ ed prior to application for a sign permit for the following requests: (3334-6/97) 1. A site with five or ore non-residential businesses or uses. (3334-6/97,3360-12/97) 2. A site with two or mor freestanding identification signs where there is a request for a new freest ding sign. (3334-6/97,3360-12/97) 3. Commercial properties with ,300 feet or more on one street frontage requesting more freestanding 'gns than allowed pursuant to Section 233.06. (3360-12/97) 4. Consolidated subdivision direction signs identifying multiple projects on multiple sign panels. (3360-12/04 5. Service stations. (3334-6/97) 1 6. Wall signs for second floor businesses wi\nhe or access. (3360-12/97) 7. Wall signs installed on a building wall not to the business suite. (3360-12/97) C. Sign Code Exception: The Director may g roval for a sign code exception of not more than 10% in sig r sign area. The Design Review Boar re iew and render a recommendation to the Director fora si code exception€erequests of more than 10% in sign heighn ar fol-supergraphics, three-dimensional signs, and relief from the striation o ection 233.06. The following findings shall be made prior to apf any si code exception: (3334-6/97,3360-12/97) �„ l. The sign is compatible with the character of the area and is need o due to special circumstances defined by the applicant and applicable to thproperty. (3334-6/97,3360-12/97) k� 2. The sign will not adversely affect other signs in the area. (3334-6/97) 3. The sign will not be detrimental to properties located in the vicinity. (3334-6/97) 01 legisdrft/233LD/11/2/01 2 4. The sign will not obstruct vehicular or pedestrian traffic visibility and will not be a hazardous distraction. (3334-6/97) D. Li &ted Sian Permit: The owner of a sign which does not conform to the provisions of S tion 233.06 may file an application for a limited sign permit to the Director for per fission to change the face or copy of such sign. A limited sign permit cannot be proc\ed r illegal signs or signs listed as prohibited in Section 233.10. The Directoprove the face change and extend a sign's use for a time period deemediate, not to exceed two (2)years. A sign permit shall be obtained prior toion of the new sign panel/face. (3334-6/97,3360-12/97) A cash bond in a\Mn termined by the Director to reflect the cost of removal based on informed by a sign company shall be required to guarantee the sign's removal uon of the limited sign permit. Approval shall be subject to the following 34-6/97) 1. Due to unitances, the sign's immediate removal will result in a substantial the applicant. (3334-6/97) 2. The sign will not adversel affect other lawfully erected signs in the area. (3334-6/97) 3. The sign will not be detriment to properties located in the vicinity. (3334-6/97) 4. The sign will be in keeping with t e character of the surrounding area. (3334-6/97) 5. The sign will not obstruct vehicular o edestrian traffic visibility and will not be a hazardous distraction. (3334-6/97) E. Design Review Board. When authorized by the rovisions of t1� O, this code, the Design Review Board (DRB) shall ---. -.0.1 and aet on the following items shall review and render a recommendation to the appropriate decision make (Zoning Administrator, Director, Planning Commission, etc.) on the fol wing items prior to application for a sign permit to the Buildin Department: (3360-12/97) } . (3360-12/97) 12-. Electronic Readerboard Signs. (3360-12/97) 23. Signs on properties within the following areas: (3360-12/9)) a. Redevelopment project areas; (3360-12/97) 4 b. Areas subject to specific plans which do not include esign guidelines for signs; (3360-12/97) C. Areas abtA4in- adjoining, eF within 500 feet of PS (Public Semipublic) districts; (3360-12/97) d. OS-PR(Open Space-Parks and Recreation) and OS-S (Open Spa - Shoreline districts); and (3360-12/97) e. Areas designated by the City Council. (3360-12/97) 01 legisdrft/233ld/1 1/8/01 3 6T1 vi T- banner, as permitted above, shall not be affected by the issuance of a grand opening sign permit during the same calendar year. The size of a grand opening banner hall not exceed the size specified in Section 233.18 C. (3334-6/97,3360-12/97) E. P.6�notional signs shall not be in a condition of disrepair. Disrepair shall include torn, aded or sagging signs. (3334-6/97) F. Sites w electronic readerboards shall be permitted to have promotional activity signs displayed a maximum of fifteen (1 S) days per calendar year. (3334-6/97) G. Vehicle salts businesses on Beach Boulevard shall be exempt from these limitations on'vromotional activity signs provided they comply with the following: (3334-6/97,3360-12)!t7) 1. Eighteen inc)Q18") non-metallic helium balloons and large non-metallic inflatables ma�be displayed on the weekends (Friday 9:00 AM through Sunday 12:00 AV night), provided they do not project over the public right- of-way. (3334-6/97)\., 2. Automobile dealership on Beach Boulevard shall be permitted to display flags,pennants,banners�and car-top signs throughout the year. (3334-6/97) H. Vehicle sales businesses on Beach Boulevard shall obtain a temporary sign permit for the use of large displays and inflatables larger than eighteen inches (18") in diameter. The displays and inflatablgs shall be affixed directly to the ground or roof of a building; the displays and inflatables shall not be elevated up in the air. The displays and inflatables shall be limited to a maximum of twelve (12) weekends per calendar year. (3360-12/97) 233.20 Planned Sign Program (3334-6/97) A planned sign program shall be submitted to the Director w1gn required by Section 233.04 B. Such program shall be reviewed by the r,esig., Review Board kd approved by the Director prior to issuance of any permit for signs. The purpose of the planned sn program is to encourage coordinated and quality sign design as well as to permit more flexi ee sign standards for commercial and industrial centers. (3334-6/97,3360-12/97) The standards of Section 233.06 shall be used as a guide in the design o\projecting d sign program. The property owner shall designate a person or firm as the primary liaise City for the purpose of submitting sign permit requests in conformance with the appnned sign program. (3334-6/97,3360-12/97) A. Planned sign program applications shall be submitted to thDivision and shall include the following: (3334-6/97) 1. A site plan, drawn to scale, depicting the precise locll bu ings and signs; (3334-6/97,3360-12/97) 2. Drawings and/or sketches indicating the exterior surs of all buildings on the site on which wall signs, directory srojecting s are proposed; (3334-6/97) 3. Written text describing the specific sign criteria for the property. The program shall, at minimum, include provisions regulating sign height, area, sign type, colors, design and location. (3360-12/97) 01 legisdrft/2331d/11/8/01 19 ATTACHMENT 2 PLANNING COMMISSION RECOMMENDATION SUGGESTED FINDINGS ZONING TEXT AMENDMENT NO. 01/04 SUGGESTED FINDINGS FOR APPROVAL—ZONING TEXT AMENDMENT NO. 01-04: 1. Zoning Text Amendment No. 01-04 to amend certain sections of the Zoning and Subdivision Ordinance is consistent with the objectives,policies, general land uses and programs specified in the General Plan and any applicable specific plan because the amendments streamline entitlement processing for certain uses thereby furthering the City's development goals. 3. 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 revises processing of entitlements and clarifies permitted uses within the zoning classifications. 4. A business community need is demonstrated for the change. The need for reduced processing time is desired by the business community and supported by the Chamber of Commerce. 5. Its adoption will be in conformity with public convenience, general welfare and good zoning practice by codifying existing policies and creating a zoning and subdivision ordinance more reflective of City priorities. 6. The notification of certain uses before the Planning Director will still provided a reduced processing time for the business community. (01sr44)- 10/9/01 Attachment No. 1.1