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Home My WebLink AboutZoning Text Amendment 03-02 - City Wide Entitlement Permit S (10) June 7, 2004 -Council/Agency Agenda - Page 10 2. After the City Clerk reads by title, approve for introduction Ordinance No. 3654- 'An Ordinance of the City Council of the City of Huntington Beach Granting an Oil Pipeline Franchise to Pacific Terminals LLC." Public Works Director Robert F. Beardsley presented PowerPoint presentation. Approved for Introduction 7-0 D- (City Council) Public Hearing Opened and Continued Open from April 19, 2004 to a Study Session on May 17, 2004—Open and Close this Public Hearing —Study Session Scheduled for August 2, 2004 - Re-advertise Public Hearing to a Date Uncertain to Consider Zoning Text Amendment No. 03-02 (City Wide Entitlement Il Permit Streamlining Project - Phase II) by Amending 15 Chapters of the Huntington Beach Zoning and Subdivision Code and Sections of the Downtown Specific Plan (450.20) Communication from the Planning Director transmitting the following Statement of Issue: The purpose of Zoning Text Amendment No. 03-02 is 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. }� Per the City Council's direction at the May 17 City Council study session, Zoning Text Amendment No. 03-02 is to be continued to the August 2, 2004 City Council study session in order to review further details of the proposed streamlining ordinance. Future public hearing shall be re-advertise. Ap licant: City of Huntington Beach Request: To amend 15 chapters of the Huntington Beach Zoning and Subdivision Ordinance, codify policies and clarify certain sections of existing codes and amend various sections of the Downtown Specific Plan SP5. 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 Environmental Status: Notice is hereby given that the Zoning Text Amendment No. 03- 02 is categorically exempt pursuant to Class 20, City Council Resolution No. 4501, which supplements the California Environmental Quality Act. On File:A copy of the proposed request is on file in the City Clerk's Office,2000 Main Street, Huntington Beach,California 92648,for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office on (Thursday before meeting)April 15,2004. 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. (Continued on the Next Page) (11) June 7, 2004 - Council/Agency Agenda - Page 11 1. Staff report 2. City Council discussion 3. Open public hearing 4. Following public input,close public hearing Recommended Action: Motion to: Continue the Zoning Text Amendment No. 03-02 Study Session to the August 2, 2004 Council Meeting, and open and close the public hearing to be re-advertised to a date uncertain. Opened and Closed Public Hearing and readvertise. Continue Study Session to August 2, 2004. Approved 7-0 D-3. (City Council) Public Hearinq to Approve for Introduction Ordinance No. 3655 for the Huntington Beach Auto Dealers Business Improvement District(BID) Mid-Year Modification and Assessment Increase (per Resolution of Intention No. 2004-22 Adopted at the 5/3/04 Council Meeting) (460.30) Communication from the Economic Development Director. Public Hearing to consider the following: Notice is hereby given that on May 3, 2004, the City Council of the City of Huntington Beach adopted a Resolution entitled "A Resolution of the City Council of the City of Huntington Beach Declaring Its Intention To Modify The Basis And Method Of Levying The Assessment Within The Huntington Beach Auto Dealers Business Improvement District." Pursuant to the provisions of Chapter 3.52 of the Municipal Code of the City of Huntington Beach and the Parking and Business Improvement Area Law of 1989, as codified in.Streets and Highways Code Sections 36500, et seq, the City Council of the City of Huntington Beach hereby gives notice as follows: On Monday, June 7, 2004, at 7:00 p.m. or as soon thereafter as the matter may be heard, in the regular meeting place of this City Council, City Council Chambers, City Hall, 2000 Main Street, Huntington Beach, California, the City Council will conduct a public hearing on the following "ORDINANCE OF THE CITY OF HUNTINGTON BEACH MODIFYING THE BASIS AND METHOD OF LEVYING THE ASSESSMENT WITHIN THE HUNTINGTON BEACH AUTO DEALERS BUSINESS IMPROVEMENT DISTRICT." At the above-mentioned time and place any person interested will be heard on the proposed ordinance. A copy of the proposed ordinance is on file in the City Clerk's office. Any questions on the proposed ordinance may be directed to Christy Teague, in the Economic Development (714) 536-5542. Any person may make written protest stating objections against granting the franchise by delivering the written protest signed by the protestant to the City Clerk at a time not later than 7:00 p.m.on June 7,2004. 1. Staff report 2. City Council discussion 3. Open public hearing 4. Following public input,close public hearing (Continued on the Next Page) (10) June 7, 2004 -Council/Agency Agenda - Page 10 2. After the City Clerk reads by title, approve for introduction Ordinance No. 3654 - "An Ordinance of the City Council of the City of Huntington Beach Granting an Oil Pipeline Franchise to Pacific Terminals LLC." Public Works Director Robert F. Beardsley presented PowerPoint presentation. Approved for Introduction 7-0 D-2. (City Council) Public Hearing.Opened and Continued Open from April 19, 2004 to a Study Session on May 17, 2004—Open and Close this Public Hearing —Study Session Scheduled for August 2, 2004 - Re-advertise Public Hearing to a Date Uncertain to Consider Zoning Text Amendment No. 03-02 (City Wide Entitlement Permit Streamlining Project - Phase II) by Amending 15 Chapters of the Huntington Beach Zoning and Subdivision Code and Sections of the Downtown Specific Plan (450.20) Communication from the Planning Director transmitting the following Statement of Issue: The purpose of Zoning Text Amendment No. 03-02 is 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. Per the City Council's direction at the May 17 City Council study session, Zoning Text Amendment No. 03-02 is to be continued to the August 2, 2004 City Council study session in order to review further details of the proposed streamlining ordinance. Future public hearing shall be re-advertise. Applicant: City of Huntington Beach Request: To amend 15 chapters of the Huntington Beach Zoning and Subdivision Ordinance, codify policies and clarify certain sections of existing codes and amend various sections of the Downtown Specific Plan SP5. 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 Environmental Status: Notice is hereby given that the Zoning Text Amendment No. 03- 02 is categorically exempt pursuant to Class 20, City Council Resolution No. 4501, which supplements the California Environmental Quality Act. On File:A copy of the proposed request is on file in the City Clerk's Office,2000 Main Street, Huntington Beach,California 92648,for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office on (Thursday before meeting)April 15,2004. 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. (Continued on the Next Page) (11) June 7, 2004 - Council/Agency Agenda - Page 11 1. Staff report 2. City Council discussion 3. Open public hearing 4. Following public input, close public hearing Recommended Action: Motion to: Continue the Zoning Text Amendment No. 03-02 Study Session to the August 2, 2004 Council Meeting, and open and close the public hearing to be re-advertised to a date uncertain. Opened and Closed Public Hearing and readvertise. Continue Study Session to August 2, 2004. Approved 7-0 D-3. (City Council) Public Hearing to Approve for Introduction Ordinance No. 3655 for the Huntington Beach Auto Dealers Business Improvement District(BID) Mid-Year Modification and Assessment Increase (per Resolution of Intention No. 2004-22 Adopted at the 5/3/04 Council Meeting) (460.30) Communication from the Economic Development Director. Public Hearing to consider the following: Notice is hereby given that on May 3, 2004, the City Council of the City of Huntington Beach adopted a Resolution entitled "A Resolution of the City Council of the City of Huntington Beach Declaring Its Intention To Modify The Basis And Method Of Levying The Assessment Within The Huntington Beach Auto Dealers Business Improvement District." Pursuant to the provisions of Chapter 3.52 of the Municipal Code of the City of Huntington Beach and the Parking and Business Improvement Area Law of 1989, as codified in Streets and Highways Code Sections 36500, et seq, the City Council of the City of Huntington Beach hereby gives notice as follows: On Monday, June 7, 2004, at 7:00 p.m. or as soon thereafter as the matter may be heard, in the regular meeting place of this City Council, City Council Chambers, City Hall, 2000 Main Street, Huntington Beach, California, the City Council will conduct a public hearing on the following "ORDINANCE OF THE CITY OF HUNTINGTON BEACH MODIFYING THE BASIS AND METHOD OF LEVYING THE ASSESSMENT WITHIN THE HUNTINGTON BEACH AUTO DEALERS BUSINESS IMPROVEMENT DISTRICT." At the above-mentioned time and place any person interested will be heard on the proposed ordinance. A copy of the proposed ordinance is on file in the City Clerk's office. Any questions on the proposed ordinance may be directed to Christy Teague, in the Economic Development (714) 536-5542. Any person may make written protest stating objections against granting the franchise by delivering the written protest signed by the protestant to the City Clerk at a time not later than 7:00 p.m. on June 7,2004. 1. Staff report 2. City Council discussion 3. Open public hearing 4. Following public input,close public hearing (Continued on the Next Page) RCA ROUTING SHEET INITIATING DEPARTMENT: Planning SUBJECT: ZONING TEXT AMENDMENT NO. 03-02 COUNCIL MEETING DATE: June 7, 2004 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable 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 (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Attached Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable `EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED; Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: SpaceOnly) RCA Author: HZ:SH:MBB:RM:rl 4• 44 (,I t Y CL E R'K CITY OF HUNTINGTON BEACH, CA April 16, 2004 Z004 APR ! b P 12: 4 b City of Huntington Beach Members of the City Council 2000 Main Street Huntington Beach, CA 92648 RE: Entitlement Streamlining Phase II Dear City Council, The Planning Department has some of this material online at: http://www.surfcity-hb.org/citydepartments/planning/major/streamling.cfm But the web server timestamps (obtained via geek knowledge of the HTTP protocol) show that all of the PDF files on that page were last modified on March 4th. Given that the Planning Commission made modifications during their public hearing of March 9th, these online copies are now stale and out of date. The staff report for this item is nowhere to be found online. The city council agenda says that "a copy" of the proposed legislation and "a copy" of the staff report are available for public inspection at the City Clerk's office. Note that "a copy" likely means only a single copy that cannot be taken from the counter. So it appears that the only way for the public to become informed about this very major and important agenda item is to drive down to city hall and stand at the counter and thoughtfully read through and digest more than 300 pages of material. :-( This is NOT the way the city should be doing business. Due to the volume of material, the public cannot possibly become informed in the short amount of time given to peruse paper copies of limited availability. This public hearing should be postponed to the next council meeting and ALL materials that already exist in electronic form need to be placed on the city web site for public inspection. But aside from the lack of sufficient public access to the details of this proposal, I am opposed to Entitlement Streamlining Phase II for the following reasons: • Last year there was discussion by the Planning Department about cutting back Planning Commission meetings to once a month because there weren't enough projects for the Commission to process. Since the Planning Commission agendas are not currently overloaded, there should be no need to remove certain classes of projects from the Commission's authority. �'' • As Huntington Beach gets closer to build-out, the Planning Commission's agendas will naturally grow shorter as fewer major projects are being built, resulting in improved processing time. Thus there is no need to remove Planning Commission responsibilities in the name of streamlining because the Commission's workload will already be decreasing. • The true root cause of long project processing times is that too much bone has been cut from the Planning Department as a result of multiple years of declining city budgets. Streamlining does not address this root cause. If Planning is short- staffed, I would prefer to see permit fees raised and the resulting new money be spent on hiring additional Planning staff which will reduce processing times. • Taking certain classes of projects away from the Planning Commission and giving them to the Zoning Administrator will result in less public involvement in the process. The Zoning Administrator only meets during normal working hours, and so any members of the public who work for a living will be forced to sacrifice pay in order to attend these meetings. Given the financial hit this involves, some members of the public may not be able to participate at all. This city needs more public involvement, not less. • The local news media generally does not cover Zoning Administrator activity and the agendas are not posted on the city web site or distributed via e-mail. By taking projects away from the Planning Commission which is covered by the news media and does make its agendas widely available in electronic form, streamlining will make it more difficult for the public to keep informed about what is happening. Reducing public awareness of government activities is never a good thing. In conclusion, streamlining is unnecessary, does not address the true root cause of long processing times, and shortchanges the public. But if this ill-advised proposal ever goes forward, it is CRITICAL that the Zoning Administrator agendas be posted on the city web site and distributed via e-mail just like the Planning Commission agendas are. Yours truly, Mark D. Bixby 17451 Hillgate Ln Huntington Beach, CA 92649-4707 714-625-0876 mark@bixby.org MEt EZ CITY OF HUNTINGTON BEACH MEETING DATE: June 7, 2004 DEPARTMENT'ID:N.UMBER: PL04-05c CITY Or d pP� o r�os uavc,�s •�� Rum I i N i i 6A. l�ru a E�vc;2.77 w To +z4m (,�Ct �n� 1004 MAY 2 b P 3: 3 q Council/Agency Meeting Held: Deferred/Continued to... ❑ Approved` ❑ Conditionally Approved ❑ Denied / y C rk' Sign t r Council Meeting Date: June 7, 2004 Departmen Number: PL04-05c CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBE\RS GK_ RS SUBMITTED BY: PENELOPE CULBRETH-GRAFT, City Administrator vv" H WARD ZELEFSKY Director of Planning 1,� PREPARED BY: O g ��Y!"� SUBJECT: CONTINUE ZONING TEXT AMENDMENT NO. 03-02 (ENTITLEMENT PERMIT STREAMLINING PHASE II) Statement of Issue,Funding Source, Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The purpose of Zoning Text Amendment No. 03-02 is 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. Per the City Council's direction at the May 17, City Council study session, Zoning Text Amendment No. 03-02 is to be continued to the August 2, 2004 City Council study session in order to'review further details of the proposed streamlining ordinance. Future public hearing shall be re-advertise. Recommended Action: Motion to: Continue the Zoning Text Amendment No. 03-02 Study Session to the-August 2, 2004 Council Meeting, and open and close the public hearing to be re-advertised to a date uncertain. RCA Author: Rosemary Medel/Mary Beth Broeren PL04-05Cont. 5/26/04 7:42 AM �� ,Q�-�✓�sr �n 6171011 DP&--AU F CLo.c� ?u8uc�nJ(�- Srud yS cio.J �'�a✓o ` W&91& * 7D A � -5 / O ( QS �ss/DA) 47A),2J PLtL3uG /�'O/GJL`J � Qd A) t 10A)e 7-'o�� Council/Agency Meeting Held: �6V Deferred/Continued to Approved ❑ Conditionally Approved ❑ Denied C Cler s Sig re Council Meeting Date: April 19, 2004 Department ID Number: PL04-05 CITY OF HUNTINGTON BEACH T REQUEST FOR ACTION 2- � L SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City AdministratorG PREPARED BY: HOWARD ZELEFSKY, Director of Plannin 9 0 SUBJECT: APPROVE ZONING TEXT AMENDMENT NO. 03-02 (ENTITLEMENT PERMIT STREAMLINING PHASE II) O(-6 (dos_ 3 �310 `�� 36S\ 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. 03-02 a request by the City of Huntington Beach to amend the Huntington Beach Zoning and Subdivision Ordinance and Downtown Specific Plan. The purpose of the amendment is 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 is recommending approval of Zoning Text Amendment No. 03-02 (Recommended Action - A) but recommends that the Neighborhood Notification.process be revised to a notification radius of 150 feet. Staff believes that the current process requiring that adjacent property owners and tenants be notified provides appropriate notification. Staff recommends the City Council approve the request as submitted (Recommended Action - B) and adopt ordinances. Fundinq Source: Not applicable. Recommended Action: A. PLANNING COMMISSION RECOMMENDATION: e- n 1 1 REQUEST FOR ACTION MEETING DATE: April 19, 2004 DEPARTMENT ID NUMBER: PL04-05 Motion to: "Approve Zoning Text Amendment No. 03-02 with findings for approval (ATTACHMENT NO. 3) and adopt Ordinance Nos.3636 3637 3638 3639 3640 3641 3642 3643 3644 3645 3646 3647 3648, 3649, 3650 (ATTACHMENT NO. 1) � ��n,�, Planning Commission Action on March 9, 2004 6r 5 Qa,�Q_ A STRAW VOTE MOTION MADE BY DAVIS, SECONDED BY SHOMAKER, TO REQUIRE A 150 FOOT RADIUS NOTIFICATION FOR NEIGHBORHOOD NOTIFICATION CARRIED BY THE FOLLOWING VOTE: AYES: DAVIS, SHOMAKER, THOMAS, SCANDURA NOES: DINGWALL ABSENT: LIVENGOOD, RAY ABSTAIN: NONE MOTION PASSED A STRAW VOTE MOTION MADE BY SCANDURA, SECONDED BY THOMAS, TO NOT MODIFY CHAPTER 210 RESIDENTIAL DISTRICTS, 210.04 MULTI-FAMILY RESIDENTIAL CARRIED BY THE FOLLOWING VOTE: AYES: DAVIS, SHOMAKER, THOMAS, SCANDURA, DINGWALL NOES: NONE ABSENT: LIVENGOOD, RAY ABSTAIN: NONE MOTION PASSED A STRAW VOTE MOTION MADE BY SCANDURA, SECONDED BY THOMAS, TO MODIFY THE LANGUAGE IN CHAPTER 230.92 LANDFILL DISPOSAL SITES, D. HAZARDOUS WASTE SITES AND E. OPERATIONS PLAN CONTENTS TO REPLACE STATE DEPARTMENT OF HEALTH SERVICES WITH STATE DEPARTMENT OF TOXIC SUBSTANCE CONTROL CARRIED BY THE FOLLOWING VOTE: AYES: DAVIS, SHOMAKER, THOMAS, SCANDURA, DINGWALL NOES: NONE ABSENT: LIVENGOOD, RAY ABSTAIN: NONE MOTION PASSED OR E. STAFF RECOMMENDATION: rct� A'� pop-) PL04-05B -2- 4/7/200411:07 AM REQUEST FOR ACTION MEETING DATE: April 19, 2004 DEPARTMENT ID NUMBER: PL04-05 Motion to: "Approve Zoning Text Amendment No. 03-02 with findings for approval (Attachment No. 3) and adopt Ordinance Nos. 3637 3638 3639 3640 3641 3642 3643 3644 3645 3646 3647 3648 3649 3650 (Attachment No. 1) with Ordinance Nos. 3651 (Attachment No. 2) to replace Chapter 203 and Chapter 241. Alternative Action(s): The City Council may make the following alternative motion(s): 1. "Deny Zoning Text Amendment No. 03-02 with findings." 2. "Continue Zoning Text Amendment No. 03-02 and direct staff accordingly." Analysis: A. PROJECT PROPOSAL: Applicant: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 Location:Citywide Zoning Text Amendment No. 03-02 is an amendment to the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to streamline the entitlement process. The recommended amendments include 15 chapters and the Downtown Specific Plan SP 5 as listed below. The Zoning Text Amendment codifies nine existing policies in addition to clarifying certain sections of the HBZSO. ➢ Chapter 203 Definitions ➢ Chapter 204 Use Classifications ➢ Chapter 210 Residential Districts ➢ Chapter 211 Commercial Districts ➢ Chapter 212 Industrial Districts ➢ Chapter 214 Public-Semipublic Districts ➢ Chapter 220 Oil Production Overlay District ➢ Chapter 222 FP Floodplain Overlay District. ➢ 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 ➢ Specific Plan No. 5 Downtown Specific Plan PL04-05B -3- 4/7/200411:01 AM REQUEST FOR ACTION MEETING DATE: April 19, 2004 DEPARTMENT ID NUMBER: PL04-05 B. BACKGROUND Entitlement Permit Streamlining Phase I was approved by City Council on December 17, 2001 and became effective on February 7, 2002. Phase I amended approximately 20 code sections affecting 12 chapters and incorporated existing policies, as well as minor clean-up items. The amendments also included revisions to the Downtown Specific Plan SP 5, Districts 2, 4 and 6. At the August 12, 2003, City Council meeting, the City Council directed staff to evaluate implementing additional code amendments as Phase II of the Entitlement Permit Streamlining process. C. PLANNING COMMISSION MEETING AND RECOMMENDATION: On March 9, 2004, the Planning Commission held a public hearing to discuss Zoning Text Amendment No. 03-02. Two people spoke at the meeting. One was in favor of the amendments and supported staffs recommendation while the other was against the entire streamlining proposal. The Planning Commission recommended various modifications to the proposed amendments with the most significant being no changes to processing requirements for residential projects. Presently, the Planning Commission hears residential projects consisting of 10 or more units. As originally proposed by staff, the amendment would have increased that threshold to 21 units, with smaller projects continuing to be reviewed by the Zoning Administrator. The Planning Commission stated that with the City nearing build-out infill projects are more controversial; therefore, the Commission's review of future projects is even more important. The attached Planning Commission report provides the analysis addressing the streamlining process for multiple family residential districts. The second recommended modification is to increase Neighborhood Notification from the current requirement of adjacent property owners and tenants to a 150-foot radius. Neighborhood Notification was a process developed in the first Entitlement Permit Streamlining Project for certain non-discretionary items. Discussion ensued amongst the Commissioners as to the appropriate notification distance. The Planning Commission approved the 150-foot radius stating that providing an opportunity for property owners and tenants to comment on a project was an important aspect of the approval process. The final straw vote was to amend Chapter 230.92 Landfill Disposal Sites. The current chapter refers to the Health Department as the monitoring agency. The chapter was amended to identify the Department of Toxic Substances Control as the correct monitoring agency. After approving these three straw votes, the Planning Commission voted to recommend approval of the Zoning Text Amendment to the City Council. D. STAFF ANALYSIS AND RECOMMENDATION: Zoning Text Amendment No. 03-02 was initiated by the City Council to further improve customer service based on the positive results from the City's first Entitlement Permit Streamlining Project in 2001. The entitlement streamlining items recommended by the Planning Commission and supported by staff are analyzed in the attached Planning PL04-05B -4- 4/5/2004 2:46 PM REQUEST FOR ACTION MEETING DATE: April 19, 2004 DEPARTMENT ID NUMBER: PL04-05 Commission report (Attachment No. 4). In general, they include reducing the number of conditional use permits heard by the Planning Commission and the Zoning Administrator (ZA) and changing criteria that trigger the need for an entitlement. The majority of the changes affect conditional use permits. 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 organized as follows: 1) Land uses proposed for reduced processing time, 2) Downtown Specific Plan SP 5, 3) Notification and appeal process, and 4) Revenue analysis. 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. The proposed uses were selected because they are typically noncontroversial, current code criteria will continue to regulate the use, and the lower hearing body provides adequate review. A total of 40 conditional use permits are proposed for streamlining. Consistent with the Planning Commission's recommendation, staff has not carried forward the proposal to streamline the processing requirements for residential projects. :.PERMIT:° :TREAML'INING TYPE OF USE CURRENT REVIEW PROPOSED x� P $ 1 n REVIEW NN $7 2 RESIDENTIAL:- CHAPTER 210 1. Group Residential (RMH, RH Zones) PC 2. Multi-Family: 2-4 Units (RL Zone) ZA 3. 5-9 Units Not RMP Zones ZA 4. 10 or More Units (Not RMP Zones) PC 5. Manufactured Home Parks (RL, RM, RMP) ZA 6. Clubs and Lodges (RL, RMZones-PC), (RMH, PC/ZA RH, RMP Zones-ZA D`ay.Care;(Large,Famil ,Mazv 12) ;, `ZA P/NN Z:= ,:.., IVl RMH'`` <<n, RM=�RNlVH��RH:, 4`P�R Gare`�5General RMP Zo es , `rRWRMP:'ZonesT 9. Park & Recreation Facilities (RL, RM, RMH, RH, ZA RMP Zones 10. Public Safety Facilities PC 11. Religious Assembly (RL Zone - CUP from PC PC required may include schools as accessory use and general day care)(RM, RMH, RH, RMP Zones PC- Planning Commission: Public Hearing, Conditions of Approval, 4-6 month processing, Fee ZA- Zoning Administrator: Public Hearing, Conditions of Approval, 2-3 month processing, Fee NN- Neighborhood Notification: No Public Hearing, Conditions of Approval, 2-4 week processing, Fee P- Permitted/Director Approval: HBZSO standard conditions, Plan Check Process, Plan Check Fee PL04-05B -5- 412/200412:07 PM REQUEST FOR ACTION MEETING DATE: April 19, 2004 DEPARTMENT ID NUMBER: PL04-05 ' PERMIT,STREAMLININGPHASEII CONDITIONAL NO` TYPE OF, USE CURRENT REVIEW PROPOSED M s..,, - � :: ;x ��-�� 1i �REVIEW�� . w h , ., ,.:-.,:.,..r -.r c,...,r<,.1_•.'Y"-"...,....>.s...,s:-,.r,_�..,-.:.-,.,,...s,+,.ca x.=-:.G,.-z- _, - - - "S 2 ... .. K ..;u.,..,, _ �ZAF 3 502�a 12. Residential Care, General RMZone PC F, ( ) C RMH, RH, RMP Zones 13. Schools, Public, or Private (RL, RM, RMH, RH, PC RMP Zones 14. Utilities Major RL, RM, RMH, RH, RMP Zones PC 15. Communication Facilities (RL, RM, RMH, RH, ZA RMP Zones 16. Horticulture RL, RM, RMH, RH, RMP Zones ZA 17. Nurseries (RL, RM, RMH, RH, RMP Zones) ZA 18. Visitor Accommodations/Bed and Breakfast PC RMH, RH COMMERCIAL DISTRICTS: CHAPTER 211 r19. :,;: "Gro"u .Residerital. .CO,..CG >CV.Zones PC �E:. ZA>°��' : �v 20. Multifamily Residential CV Zone PC 21. Clubs and Lodges (CO, CG Zones) ZA 22. Drug Abuse Centers CG Zone PC 23 ' Primary Health Care (CO, CG Zones) <2,500 sq°ft P >5,000 sq ft P l •,....,.:..,. , .,„ .. ,-,,,,a•._�>�>.,:;.F _, xY: 2;5 sq=ft ;u.. >5,,O,OO�sq ft:ZA k ftZA,.�•' <5000s °:ftZA =;: 24: x n7ton er. enc FShelfets8�'aEme `e c tc a ,_. yyr.. - yny=: s - 'I s, E. 25 ,��' Resi'deritial.Care, Gen,e.ral (,C4,_CG',Zones) _ PC n; ��ZA• , '; . ., , one „ PC; 27. Cultural Institutions (CO, CG Zones) PC PC YID re== r `I='(PO'< esftr7A=.>�.. 5U0's •P r : 29 ;a, ,Emergency Health Care (CO; CG Zones) <2,500 sq ft ZA a5,000 sq ft ZA >2,500 s ft, 30. Heliports (CO, CG, CV Zones) (B-Sec. 230.40 PC Helicopter Takeoff and Landing Areas 31. Hospitals (CO, CG Zones) PC 32. Parks & Recreation Facilities (CO, CG, CV PC Zones 33. Public Safety Facilities CO, CG, CV Zones PC 34. Religious Assembly (CO, CG Zones) ZA 35. Schools, Public or Private CO, CG Zones PC 36. Utilities, Major CO, CG, CV Zones) PC 37. Ambulance Services (CG Zone) ZA PC- Planning Commission: Public Hearing, Conditions of Approval, 4-6 month processing, Fee ZA- Zoning Administrator: Public Hearing, Conditions of Approval, 2-3 month processing, Fee NN- Neighborhood Notification: No Public Hearing, Conditions of Approval, 2-4 week processing, Fee P- Permitted/Director Approval: HBZSO standard conditions, Plan Check Process, Plan Check Fee PL04-05B -6- 4/2/200412:07 PM ��KU�� d�� Ud�� ..~~��~~~-~~ . FOR MEETING DATE: April 19, 2004 DEPARTMENT ID NUMBER: ' PL04-05 MI Agt 44 Fll 40. Equestrian Centers (CG Zone) PC 41. Pet Cemetery (CG Zones) PC 43. Communication Facilities (CO, CG, CVZones) PC It 48, Funeral & Internment Services (CG Zone) ZA 53. Research & Development Services (CO, CG ZA -54, Swap Meets/indoor/Flea Markets (CG Zone) PC 55. Swap Meets, Recurring (CG Zone) ZA 56. Tattoo Establishments (CG Zone) PC ar 60. Vehicle Equipment Repair (CG Zone) ZA .1 ,604 163. Time Shares (CG, CV Zones) PC PC' Planning Commission: Public Hearing, Conditions of Approval, 4-S month processing, Fee ZAr Zoning Administrator: Public Hearing, Conditions of Approval, 2'3 month processing, Foe NN- Neighborhood Notification: No Public Hearing, Conditions of Approval, 2-4 week processing, Fee P' Pennided/DirootorAoproval: HB2SO standard conditions, Plan Check Pn000ao, Plan Check Fee PL04~05B -7- 40/200412:07P/N REQUEST FOR ACTION MEETING DATE: April 19, 2004 DEPARTMENT ID NUMBER: PL04-05 STREAMLININGPtHA$E,11=CONDITIONAL, PERMITS„,' NO i TYPE AF CU USE RRENT REVIEW PROPOSED. ,L, PC$6,815 'REVIEW _ - 5 5 M '>Ycr r' INDUSTRIAL DISTRICTS: CHAPTER 212 66. Group Residential ZA 67 Community& Human Service Facilities;;pG, r PC ZA , -' -Zones :-..:.,:.4.�.,-.,;,�' ,:�•:::�.�. . 68. Day Care, General (IG, IL Zones) ZA 69. Heliports Maintenance & Service Facilities (IG, PC IL Zones 70. 1 Religious Assembly IG, IL Zones ZA 71 Schbols, Public;.or;,Pnvafe(IG,,,,I,L 74. Utilities, Major IG, II Zones PC his _ -s.i-gpq u.; t r=I l n ili i Mono G L�aZo es �••�� - �<i"ter Commercial Uses Section 73. Ambulance Services (IG, IL Zones) ZA 74. Animal Boarding (IG, IL Zones) ZA 75. Animal Hospitals IG, IL Zones ZA 76. Banks & Savings & Loans (IG, IL Zones) PC 77. Commercial Filming IG, IL Zones ZA r n ndEnte`� amment; {,PC t> mm r ial�Rec eatio a Mot e c 79. Communication Facilities (IG, IL Zones) ZA 80 rEatin & Dinnkm' :Establishments IG, IL j�ZA';°= ".,°.,.`',,�- P k 81. W/Live Entertainment (IG, IL Zones) ZA 82. Food & Beverages Sales (IG, IL Zones) ZA 83. Hospitals & Medical Clinics IL Zone PC 84 :.Offices, Business 8 Professional (IG, IL; PC >:;;':M �': ZA t q§r - -.-., y, J - „IL`<Z "ne" 86. Personal Services IG, IL Zones PC 87. Sex Oriented Businesses (IG, IL Zones) P 88. Sex Oriented Businesses IG, IL Zones PC 89. Swap Meets, Indoor/Flea Markets (/G, IL PC Zones 'i �Services�-Slat o s. G° 91 Vehicle Storage (IG Zone-Permitted) (IL Zone P/ZA PC- Planning Commission: Public Hearing, Conditions of Approval, 4—6 month processing, Fee ZA- Zoning Administrator: Public Hearing, Conditions of Approval, 2-3 month processing, Fee NN- Neighborhood Notification: No Public Hearing, Conditions of Approval, 2-4 week processing, Fee P- Permitted/Director Approval: HBZSO standard conditions, Plan Check Process, Plan Check Fee PL04-05B -8- 4/2/200412:07 PM REQUEST FOR..~~~~~~~-~~ . . ~~.~ . ..~ . .~~.. MEETING DATE: April 19, 2004 DEPARTMENT UDNUMBER: PL04-05 MIT R Quasi Residential (IG, IL Zones) PC .93. Warehouse and Sales Outlets (IG, IL Zones) PC PUBLIC SEMI-PUBLIC DISTRICTS: Chpt.214 Public Semipublic Section (PS Zone) 94. Cemetery PC '95. Cultural Institutions PC '96. Day Care, General PC 97. Governmental Offices PC -98. Hospitals PC .99. Maintenance & Service Facilities PC 100. Park& Recreation Facilities PC -101. Public Safety Facilities PC 102. Religious Assembly ZA 103. Residential Care, General PC .1 04 Schools, Private or Public PC 105. Utilities Major . PC Commercial Uses Section 106. Commercial Parking Facilities PC 107. Vehicle/Equipment Sales & Service PC OIL PRODUCTION OVERLAY DISTRICT.- CHAPTER 220 Sec. 220.24 FLOODPLAIN OVERLAY DISTRICT. Chpt 222 Sec. 222.12 Land Use Controls SITE STANDARDS: CHAPTER 230 PC- Planning Commission: Public Hearing, Conditions of Approval, 4—6 month processing, Fee ZA-Zoning Administrator: Public Hearing, Conditions of Approval, 2-3 month processing, Fee NN- Neighborhood Notification: No Public Hearing, Conditions of Approval, 2-4 week processing, Fee P- Perm itted/Di rector Approval: HBZSO standard conditions, Plan Check Process, Plan Check Fee REQUEST FOR ACTION MEETING DATE: April 19, 2004 DEPARTMENT ID NUMBER: PL04-05 ,,CONDITIONALP 9L CURRE NT, X", PROPOSED V, RtANN'N. �z k -j:T -V� �R' P. K ......... V 3 ,,G " ------------ � 9� 4T t1F�,-- I C iC. k ...... Svi ii V0, D Mi NO WAII�l A :PLAN- -N- Sec. 230.88 Fencing and Yards DIREGTON IN 'PLA. OFF STREET PARKING: CHAPTER 231 .Y n Tki Parking Controls ervice, or,booth`s, pact Parking ILAN NI z " M IREC _T /ZA SIGNS: CHAPTER 233 Sec 231.,I*Reader'B' d PN� NON-CONFORMING USES AND STRUCTURES: CHAPTER 236 '122 Sec 236' "N PC- Planning Commission: Public Hearing, Conditions of Approval, 4-6 month processing, Fee ZA-Zoning Administrator: Public Hearing, Conditions of Approval, 2-3 month processing, Fee NN- Neighborhood Notification: No Public Hearing, Conditions of Approval, 2-4 week processing, Fee P- Perm itted/Director Approval: HBZSO standard conditions, Plan Check Process, Plan Check Fee Current PC application processing requires a minimum of six months and a fee of $6,815 for a CUP. Reducing the aforementioned applications to the ZA level cuts the processing time and fee by half. The ZA applications would still require a 300-foot radius for public notification providing property owners and tenants continued opportunity for review and comment. The items identified for approval at the Director level or as permitted would provide an even greater cost and time reduction. PL04-05B -10- 4/2/2004 12:07 PM REQUEST FOR ACTION MEETING DATE: April 19, 2004 DEPARTMENT ID NUMBER: FL04-05 2. Downtown Specific Plan SP 5 Phase I of the Permit Streamlining Ordinance amended sections of District 2, 4, & 6 "Single Family Residential Development," to allow approval of single family homes through the plan check process and, in most cases, require notification under the Infill Ordinance. The Phase II amendments separate and clarify the various levels of review for all districts. The Downtown Specific Plan, while unique in character and design standards, would correspond to the hearing body review of the ZSO. The streamlining of these uses to the lower hearing body varies depending on the district. These recommended amendments save processing time and reduce the application cost. 3. Notification and Appeal Process During Phase I of the Permit Streamlining, the Planning Commission initiated the Limited Notification process to advise adjacent property owners and tenants of the establishment of certain uses or potential requests. A list of uses was developed that would require this notification, primarily consisting of uses that formerly had required a public hearing before the ZA but were being changed to an administrative approval. During the current phase of Permit Streamlining, Limited Notification was re-named to Neighborhood Notification (NN) and two more items are recommended to be added- to the list: certain Home Occupation Permit uses and fences/walls with reduced front yard setbacks. At the Planning Commission study sessions, the Commission expressed concern that perhaps the Neighborhood Notification process was unclear. Staff has defined the process in Chapter 241 of the ZSO and included a definition in Chapter 203. As discussed in Section C of this report, the Planning Commission recommends that a 150- foot notification radius be imposed on the NN process. Staff does not support this recommendation. Since February 7, 2002, staff has processed 37 NN cases. There has been very limited inquiry from adjacent property owners and tenants. Expanding the notification radius would add undue costs to residents and business owners who incur the costs of preparing and mailing the notices. For those requests that may generate more interest, such as in commercial centers adjacent to residential areas, the current requirement to notice adjacent property owners and tenants includes all properties adjacent to the entire parcel on which the business is located and not just those parcels adjacent to the lease area of the business. Staff believes that those uses that are able to use the NN process represent uses that are easily integrated into existing development or represent minor modifications to properties whose affect does not warrant the extended noticing. Pursuant to Chapter 248, 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 this information on the appeal process. Zoning Text Amendment does not propose to amend any part of the City's appeal procedures. PL04-05B -11- 4/2/200412:07 PM REQUEST FOR ACTION MEETING DATE: April 19, 2004 DEPARTMENT ID NUMBER: PL047-05 4. Revenue Analysis This analysis compares the difference in conditional use permit application fees collected by the City under current code and if this text amendment is adopted. Staff considered the number of CUP applications from February 7, 2002, which was the effective date of Phase I of the permit streamlining, to the present. During this time period a total of 120 conditional use permits have been processed. T„�t,,,M,a � �; ., M CPC . „ZA t Perrnittedi b Totals rTotal7fFees43,A, +�r3t#,ft" .4''�,'- .5`a��, �e ,.�at?�--„ s a`s�a ;:' ,.�.r,.• �:i.:.. ,rra:,. ,.s_ ->`s;..b1- -:.>.r ,c.. ��-,;..,,,a.., F'+;w. _,c�S��r F '`1 .tr' s': e_, ,:�,t Current Code 31 89 - 120 $223,728 Proposed Text 25 74 21 120 $188,826 Amendment PC:Planning Commission ZA:Zoning Administrator NN:Neighborhood Notification The difference in application fees, based on approved fees as of 2002, is $34,902. The difference in the reduced fees stems from a combination of changing the required hearing body at both the Planning Commission and Zoning Administrator levels. SUMMARY: Zoning Text Amendment No. 03-02 modifies the Huntington Beach Zoning and Subdivision Ordinance, including the Downtown Specific Plan, for the purpose. of improving customer service by streamlining the entitlement process. The recommended text amendments 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. 03-02 be approved for the following reasons: Decreases processing time for applicants Reduces application costs for the business community and residents Provides improved customer service 8 Encourages new businesses to locate in Huntington Beach Continues to provide for quality development Environmental Status: The proposed project is categorically exempt pursuant to Class 20, City Council Resolution No. 4501, which supplements the California Environmental Quality Act. PL04-05B -12- 4/2/200412:07 PM REQUEST FOR ACTION MEETING DATE: April 19, 2004 DEPARTMENT ID NUMBER: PC Attachment(s): NumberCity Clerk's Page . Description 3636 3637 3638 3639, 3640. 3641, 3642, 3643. 1. Ordinance Nos. M4T, 36 3646, 3647.3648 3649, 3650 (PC Recommendation) including legislative draft. - 2. Ordinance Nos. �J�D �J (Staff Recommendation) including legislative draft. (Includes only those sections that differ from Planning Commission recommendation) 3. Findings for Approval (PC Recommendation) 4. Planning Commission Staff Report dated March 11, 2004 5 Power Point Slide Presentation RCA Author: Rosemary Medel/Mary Beth Broeren PL04-05B -13- 4/6/2004 3:07 PM ATTACHMENT 1 ORDINANCE NO. In l0 AN ORDINANCE OF THE CITY OF HUNTINGTON EACH AMENDING THE HUNTINGTON BEACH ZON G AND SUBDIVISION ORDINANCE CHAPTER 203-DEF ITIONS AND CHAPTER 241-CONDITIONAL USE P ITS The City Council of the City of Huntington Beach do s hereby ordain as follows: SECTION 1. Section 203.06 of Chapter 203 of e Huntington Beach Zoning and . Subdivision Ordinance is hereby amended to add the f owing new definitions: 203.06 Definitions Infill Lot Development. A lot contiguous to one r more existing single family residential units, excluding parcels separated by streets, a vacan parcel intended for single family development, or a parcel with an existing residential structure which will have 50 percent or more square footage of habitable area removed in order to remo 1 or construct a detached single family unit.- Neighborhood Notification. When no e ilements are required and the use requires such notification as stated in the Zoning and ubdivision Ordinance, this procedure shall notify property owners and tenants within a 50 foot radius of an applicant's proposed project. Structure, Accessory_A structure t at is appropriate, subordinate and customarily incidental to the main structure of the site and hich is located on the same site as the main structure, including swimming pools, gara es, gazebos and patio covers. Structure, Minor Acce/ee accessory structure that does not exceed 64 square feet of the floor area, 80 square froof area and a height of six feet, including storage sheds, pet shelters, playhouses, ative elements. SECTION 2. 03.06 of Chapter 203 of the Huntington Beach Zoning and Subdivision Ordinancy amended to modify the definition of"Structure" as follows: Structure. Anything c or erected that requires a location on the ground, excluding patios, walks, access$rives, or similar paved areas. SECTION 3. Section 241.02 of Chapter 241 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended by adding subsection E, to read as follows: 241.02 Procedures Established E. Neighborhood Notification is a procedure that shall notify property owners and tenants within a 150 foot radius when no entitlement is required. ord/04zoning/chaps 203-241 commission/4004 1 SECTION 4. Section 241.04 of Chapter 241 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 b , shall approve or conditionally approve applications for conditional use permits or varian s upon finding that the proposed conditional use permit or variance is consistent with the Ge eral Plan, and all applicable requirements of the Municipal Code, consistent with th equirements of Section 241.10. The Planning Commission shall act on all variances ex pt the Zoning Administrator may act on variances not exceeding twenty percent deviation om site coverage, separation between buildings, height, setback, parking, and landscape quirements. SECTION 5. Section 241.20 of Chapter 241 o he Huntington Beach Zoning and Subdivision Ordinance, Subpart B, entitled"Director" is hereby amended to read as follows: B. Director. The Director shall act on tempo ry uses held for three or fewer consecutive days that do not include live entertainm t. The Director shall approve, approve with conditions, or deny a complete applic on within a reasonable time. No notice or public hearing shall be required for uses w 'ch are held for 4 or fewer consecutive days. Such uses shall be approved with a temp rary activity permit. SECTION 6. Section 241.24 is ereby added to Chapter 241 of the Huntington Beach Zoning and Subdivision Ordinance, sa' section to read as follows: 241.24 Neighborhood Noti cation When no entitlement is required nd the use requires such notification as stated in the Zoning and Subdivision Ordinance, thi procedure shall notify property owners and tenants within a 150 foot radius of an applicant's p posed project. Notification requirements w en no entitlement required. A. Notification. Ten 0) working days prior to submittal for a building permit or certificate of occupancy, ap licant shall notice adjacent property owners and tenants by first class mail. B. Notice of A ication. 1. N/on of applicant. 2. L of planned development or use, including address. 3. Clete description of the proposed development or use such that there is full dsure in the notice. 4. Planning Department phone number and address of City Hall where plans may be reviewed. ord/04zoning/chaps 203-241 commission/4004 2 5. The date by which any comments must be received in writing by the Planning Department and City appeal procedures. 6. Planning Department shall receive entire list including name and address of those receiving the.mailing. C. Appeals. The Director's decision may be appealed in accord/upo . SECTION 7. This ordinance shall become effective immedcation by the California Coastal Commission. PASSED AND ADOPTED by the City Council of the City ch at a regular meeting thereof held on the day of . Mayor ATTEST: A ROVED AS TO FORM: City Clerk City Att mey L O(� REVIEWED AND APPROVED: / �j INITI ED AND APPROVED: City d-ministrator Director of Planning I G ord/04zoning/chaps 203-241 commission/4/5/04 3 I March 16, 2004 LEGISLATIVE DRAFT O-('c9 —:��DI>U Chapter 203 Definitions (3248-6/95,3334-6/97,3482-12/00,3520-2/02,3568-9/02) Sections: 203.02 Applicability 203.04 Rules for Construction of Language 203.06 Definitions 203.02 , Applicability The meaning and construction of words and phrases defined in this chapter shall apply throughout the zoning and subdivision ordinance, except where the context clearly indicates a different meaning or construction. 203.04 Rules for Construction of Language In addition to the General Provisions Chapter 1.04 of the Municipal Code, the following rules of construction shall apply: A. The particular shall control the general. B. Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows: 1. "And" indicates that all connected words or provisions shall apply. 2. "Or" indicates that the connected words or provisions apply singly. 3. "Either . . . or" indicates that the connected words or provisions shall apply singly but not in combination. 4. "And/or" indicates that the connected words or provisions may apply singly or in any combination. C. In case of conflict between the text and a diagram, the text shall control. D. All references to departments, commissions, boards, or other public agencies are to those of the City of Huntington Beach, unless otherwise indicated. E. All references to public officials are to those of the City of Huntington Beach, and include designated deputies of such officials, unless otherwise indicated. F. All references to days are to calendar days unless otherwise indicated. If a deadline falls on a weekend or City holiday, it shall be extended to the next working day. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-1 9/02 G. Chapter and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of any section hereof. H. The words "activities" and "facilities" include any part thereof.. 203.06 Definitions Abutting. Having district boundaries or lot lines or combinations thereof in common. Access, Lateral. Public access along the coast. Access, Vertical. Public access from the nearest public roadway to the shoreline. Alley. A public or private way having an ultimate width of not less than 20 feet permanently reserved primarily for vehicular service access to the rear or side of properties otherwise abutting on a street. Alter. To make a change in the exterior appearance or the supporting members of a structure, such as bearing walls, columns, beams, or.girders, that will prolong the life of the structure. Amendment. A change in the wording, context or substance of this ordinance, or a change in the district boundaries on the zoning map. Animal, Exotic. Any wild animal not customarily confined or cultivated by man for domestic or commercial purposes but kept as a pet or for display. Animal, Large. An animal larger than the largest breed of dogs. This term includes horses, cows, and other mammals customarily kept in corrals or stables. Animal, Small. An animal no larger than the largest breed of dogs. This term includes fish, birds, and mammals customarily kept in kennels. Antenna. Any structure, including but not limited to a monopole, tower, parabolic and/or disk shaped device in single or multiple combinations of either solid or mesh construction, intended for the purposes of receiving or transmitting communications to or from another antenna, device or orbiting satellite, as well as all supporting equipment necessary to install or mount the antenna. Antenna, Amateur Radio. An antenna array and its associated support structure, such as a mast or tower, that is used for the purpose of transmitting and receiving radio signals in conjunction with an amateur station licensed by the Federal Communications Commission. Antenna, Communication. All types of receiving and transmitting antenna, except satellite dish antenna, including but not limited to cable television antenna, wireless communication antenna, FM digital communication antenna, microwave telephone communication antenna, amateur radio antenna, and short-wave communication antenna and other similar antenna. (3568-9/02) Antenna Height. The distance from the property's grade to the highest point of the antenna and its associated support structure when fully extended. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-2 9/02 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' 1U0'— 10- , 203-area LOT AREA Arterial. Any street, highway or road designated as an arterial street in the General Plan. Attached Structures. Two or more structures sharing a common wall or roof Balcony. A platform that projects from the wall of a building, typically above the first level, and is surrounded by a rail balustrade or parapet. Basement. A story partly underground and having at least one-half of its height above the average adjoining grade. A basement shall be considered as a story if the vertical distance from the average adjoining grade to the ceiling is over four feet. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-3 6/97 Roof Second Story First Story Finished If this basement ceiling is more than 4'ft. From Grade Basement average adjoining finished L _ _ _ _ grade,the basement is considered a story. 203-BASE BASEMENT Bay Window. A window that projects out from an exterior wall. Bedroom. The term bedroom includes any room used principally for sleeping purposes, an all-purpose room, a study, a den, a room having 100 square feet or more of floor area or less than 50 percent of one wall open to an adjacent room or hallway. Blockface. The properties abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, unsubdivided land, watercourse, or city boundary. n Ll [U- 203-BLK BLOCKFACE Boarding House. A building with not more than five guest rooms where lodging and meals are provided for not more than 10 persons, but shall not include rest homes or convalescent homes. Guest rooms numbering six or over shall be considered a hotel. Building. Any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, chattels, or property of any kind. Caretaker's quarters. A dwelling unit on the site of a commercial, industrial, public, or semipublic use, occupied by a guard or caretaker. Carport. A permanent roofed accessory structure with not more than two enclosed sides intended for vehicle storage. Cart/Kiosk. Any portable, non motorized unit used by a vendor as described in Section 230.94. (3248-6/95,3334-6/97;3482-12/00) Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-4 12/00 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. Communit,Lpartment 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. 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. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-5 6/97 Director. The Director of Planning or his or her designee. (3520-2/02) Distribution Line. An electric power line bringing power from a distribution substation to consumers. District. A portion of the city within which the use of land and structures and the location, height, and bulk of structures are governed by this ordinance. The zoning ordinance establishes "base zoning districts" for residential, commercial, industrial, public and open space uses, and "overlay districts," which modify base district provisions and standards. Drilling. The digging or boring of a new well into the earth for the purpose of exploring for, developing or producing oil, gas or other hydrocarbons, or for the purpose of injecting water, steam or any other substance into the earth. Dwelling Multiple Unit. A building or buildings designed with two (2) or more dwelling units. Dwelling, 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. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-6 2/02 Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors. (3334-6/97) Floor Area, Gross. The total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, and including halls, stairways, elevators shafts at each floor level, service and mechanical equipment rooms, and habitable basement or attic areas, but excluding area for vehicle parking and loading. Floor Area Ratio (FAR). Determined by dividing the gross floor area of all buildings on a lot by the area of that lot. FLOOR AREA RATIO FAR of 0.5 FAR of 1.0 y, FAR of 1.5 203-FAR FAR Frontage. The linear length of a building which contains a public entrance or a lot measured along the property line adjacent to a street or easement. Functional Capacity. The ability of an environmentally sensitive area to be self-sustaining and to maintain natural species diversity. 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. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-7 6/97 Guest House. Living quarters within a main or an accessory building for the sole purpose of providing for persons employed on the premises, or for temporary use by guests of the occupants of the premises. Such quarters shall have no kitchen facilities, and shall be limited to one room, no greater than 500 square feet in size with no more than three plumbing fixtures. Height of Building. A vertical dimension measured from the top of the highest roof to the top of the subfloor/slab directly underneath. (See Section 230.72.) Helipad or Helistop. A heliport without auxiliary facilities such as waiting room, helicopter parking, fueling and maintenance equipment. Heliport. An area, either at ground level or elevated on a structure, that is used or intended to be used for the takeoff and landing of helicopters, and includes some or all the various facilities useful to helicopter operations, including helicopter parking, waiting room, fueling and maintenance equipment. Home Occupation. Business activity conducted in a dwelling unit in a residential district that is incidental to the principal residential use of a lot or site. 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. Infill Lot Develo meat. A lot contiguous to one or more existing single family residentialifs, excluding parcels separated by streets, a vacant parcel intended for single family development, or a parcel with an existing residential structure, which will have 50 percent or more square footage of habitable area removed in order to remodel or construct a detached single family unit. 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. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-8 6/97 Perimeter Landscape a..i? € x3..: i ria7- ik z f.aiat. .� ..,,a,,.,..,v a !„3.a...y a, MR ci Rig, Interior Landscape == i€4 Interior Landscape sIKU �= Interior Landscape RjE g! FEW al.6u"do zoa-111d 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 F ersed Corner Lot Interior Interior Interior Corner w Lot Lot Lot H W Lot Through rw Un Interior Flag Interior Interior Lot E~ Lot Lot Lot Comer Lot Lot Reversed Corner Lot STREET LOT TYPES 203-LOT Lot, Corner. A site bounded by two or more adjacent street lines that have an angle of intersection of not more than 135 degrees. Lot Depth. The horizontal distance from the midpoint of the front-lot line to the midpoint of the rear-lot line, or to the most distant point on any other lot line where there is no rear- lot line. Lot, Flat. A lot with developable area connected to a street by a narrow strip of land that includes a driveway. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-9 6/97 Lot or Property Line, Rear. A lot line, not a front lot line, that is parallel or approximately parallel to the front lot line. Where no lot line is within 45 degrees of being parallel to the front lot line, a line 10 feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, shall be deemed the rear lot line. Lot or Property Line, Front. The street property line adjacent to the front yard. Lot or Property Line, Interior. A lot line not abutting a street. Lot or Property Line, Side. Any lot line that is not a front lot line or a rear lot line. Lot or Property Line, Street. A lot line abutting a street. Lot, Reverse Corner. A corner lot, the side line of which is substantially a continuation of the front lot line of the lot to its rear. Lot, Street-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. Lot Width. The mean of the horizontal distance between the side lot lines measured at right angles to the lot depth at mid-points 20 feet from the front lot line and 20 feet from the rear lot line, or from the rearmost point of the lot depth in cases where there is no rear lot line. 1 Front Lot Line Front Lot Line x <Y Q y o Q J Y Lot Width=(x+y)/2 LOT WIDTH 203-LOTW Lower Income Household. A household whose annual income is at or below eighty percent (80%) of Orange County median income as defined by the State of California Department of Housing and Community Development. Manufactured Home. A structure transportable in sections which is a minimum of 8 feet in width and 40 feet in length, built on a permanent chassis, and designed to be a dwelling with or without a permanent foundation. Manufactured home includes mobilehome. Mezzanine. An intermediate floor within a room containing not more than 33 percent of the floor area of the room. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-10 6/97 Mezzanine:maximum 33 percent of floor area below. Floor Below mama MEZZANINE Moderate Income Household. A household whose annual income is at or below one hundred twenty(120%) percent of Orange County median income as defined by the State of California Department of Housing and Community Development. Municipal Code. The Municipal Code of the City of Huntington Beach. Negative Declaration. A written statement briefly describing the reasons that a proposed project will not have a significant impact on the environment which meets the requirements of the California Environmental Quality Act. (3334) Nei hborhood Notification. When no entitlements are required and e use requires such notification as stated in the Zoning and Subdivision Ordinance, this procedure shall notify property owners and tenants within a 150 foot radius of an applicant's proposed project. Net Site Area. See Area,Net Lot. New Well. A new well bore or well hole established at the ground surface. Redrilling from the well bore or well hole of an existing well greater than 150 feet from the existing well bore shall constitute a new well. Nonconforming Structure. A structure that was lawfully erected but which does not conform with the current development standards. Nonconforming. A use of a structure or land that was lawfully established and maintained, but which does not conform with the current zoning ordinance. Off-Street Loading Facilities. A site or portion of a site devoted to the loading or unloading of motor vehicles or trailers,including loading berths, aisles, access drives, and landscaped areas. Off-Street Parking Facilities. A site or portion of a site devoted to the off-street parking of motor vehicles, including parking spaces, aisles, access drives, and landscaped areas. Oil operation. The use or maintenance of any installation, facility, or structure used, either directly or indirectly, to carry out or facilitate one or more of the following functions: drilling, rework, repair, redrilling, production,processing, extraction, assisted recovery, stimulation storage or shipping of oil gas or hydrocarbons'from the subsurface of the earth. Oil operation site. The physical location where an oil operation is conducted. Open Space, Common. A usable open space within a residential development reserved for the exclusive use of residents of the development and their guests. Open Space, Private. A usable open space adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-11 12/00 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. — 10 ft. 4 10 ft. IPatio 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. (3249-6/95,3334;3482-12/00) Project. Any proposal for new or changed use, or for new construction, alteration, or enlargement of any structure, that is subject to the provisions of this ordinance. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-12 12/00 Public Property. Property dedicated through acquisition or easement for public use which includes but is not limited to streets, alleys,parks, public right-of-ways, and sidewalks. (3249-6/95,3334-6/97;3482-12/00) Qualifying Senior Resident. A person who is 62 years of age or older. (Section 51.2 of the California Civil Code.) Remodel. The upgrade of the interior or exterior faces of a building or structure without altering to any degree the structural integrity. Residential Infill Lot. A residential infill lot is a parcel of land which, at the time of application for a building permit, is contiguous to one (1) or more existing developed single family residential properties and is: (3301-11/95,3334-6/97) 1. A vacant parcel intended for detached single family development, or (3301-11/95, 3334-6/97) 2. A parcel with an existing residential structure which will have fifty percent(50%) or more square footage of the habitable area removed in order to construct a remodeled or new multistory detached single family dwelling unit. (3301-11/95,3334-6/97) Room, Habitable. A room meeting the requirements of the Uniform Building Code for sleeping, living, cooking, or dining purposes, excluding such enclosed places as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, attics, foyers, storage spaces, utility rooms, garages, and similar spaces. Senior Housing. Housing for a family in which at least one person per unit is 60 years old or older, or for a single person who is 60 years old or older. Setback Line. A line across the front, side, rear of any private or public property which delineates an area adjoining a property line in which erection of a building, fence, or other structure is prohibited except as otherwise provided in the zoning ordinance. Significant Disruption. Having a substantial adverse effect upon the functional capacity. Single Ownership. Holding record title, possession under a contract to purchase, or possession under a lease, by a person, firm, corporation, or partnership, individually, jointly, in common, or in any other manner where the property is or will be under unitary or unified control. Site. A lot, or group of contiguous lots not divided by an alley, street, other right-of-way, or city limit, that is proposed for development in accord with the provisions of this ordinance, and is in a single ownership or has multiple owners, all of whom join in an application for development. Specific Event. A short term temporary use of public property as defined in Section 5.68.010. (3249-6/95,3334-6-97;3482-12/00) Specific Plan. A plan for a defined geographic area that is consistent with the General Plan and with the provisions of the California Government Code, Section 65450 et seq. (Specific Plans). Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-13 12/00 Stock Cooperative. A corporation formed for the primary purpose of holding title to, either in fee simple or for a term of years, any real property where the shareholders of the corporation receive a right of exclusive occupancy in a portion of such real property and where the right of occupancy is only transferable by the transfer of shares of stock in the corporation. Story. That portion of a building included between the surface of any floor and the surface of the floor or finished undersurface of the roof directly above it. Structure. Anything constructed or erected that requires a location on the ground, excluding , patios, walks, access drives, or similar paved areas. Structure, Accessor A structure that is appropriate, subordinate and customarily incidental to the main structure of the site and which is located on the same site as the main structure, including swimming pools, garages, gazebos and patio covers. Structure Minor Accessory. An accessory structure that does not exceed sqquare feeto e oor area, 80 square feet of the roof area and a heigFit of six feet, including storage sheds, pet shelters, playhouses, and decorative elements. 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. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-14 12/00 Yard, Front. An area between the front lot line and the front setback line extending across the full width of a site. The front yard of a corner lot shall adjoin the shortest street property line along its entire length. Where one street property line is at least 75 percent of the length of the other street property line, the Director shall determine the location of the front yard. Yard, Rear. An area between the rear lot line and the rear setback line extending across the full width of a site. On a corner lot the rear yard shall extend only to the side yard abutting the street. Yard, Side. An area between the rear setback line and the front setback line and between the side property line and side setback line. The side yard on the street side of a corner lot shall extend to the rear lot line. Zoning Ordinance. The Zoning Ordinance of the City of Huntington Beach. (Rest of Page Not Used) Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-15 6/97 J REAR YARD STREET FRONT YARD LOT LINE LL, LOT LINES w _ p Cn N I � gl .- - - - - Uj W r a N W p W I Jib i p N I W N I > I I 9�0 0 IN N �- w w 1 w w w _.� N ;,,�;f STREET FRONT YARD STREET FRONT YARD STREET FRONT YARD CORNER LOT EXAMPLES REAR YARD i.REAR YARD REAR YARD OI I p I - >' y I ¢ YAR LnI p I N N I SIDEYARDS 1 _,�=�---T- STREET FRONT YARD STREET FRONT YARD STREET FRONT YARD INTERIOR LOT EXAMPLES REAR YARD REAR YARD .�LOT LINES SIDE 1 YARD I " LEGEND IDE SARDS` I 1 _ _ BUILDING(ZONING)ENVELOPE STREET 1__ I . - - (TWO DIMENSIONAL) - - - - - _ 1 LOT LINES LI• Est. , I -FRONT YARD STREET FRONT YARD SIDE YARD ODD - SHAPED LOT EXAMPLES REQUIRED YARDS Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-16 6/97 March 16, 2004 LEGISLATIVE DRAFT Chapter 241 Conditional Use Permits and Variances; Temporary Use Permits; Waiver of Development Standards (3334-6/97,3410-3/99,3528E-2/02) 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. E. Neighborhood Notification is a procedure that shall notify property owners and tenants within a 150 foot radius when no entitlement is required. Huntington Beach Zoning and Subdivision Ordinance Chapter 241 241-1 2/02 241.04 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 t---*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. Huntington Beach Zoning and Subdivision Ordinance Chapter 241 241-2 3/99 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. 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. Huntington Beach Zoning and Subdivision Ordinance Chapter 241 241-3 5/97 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. 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 three 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 4 or fewer consecutive days. Such uses shall be approved with a temporary activity permit. (3528B-2/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 241 241-4 2/02 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. (3528B- 2/02) D. Required Findings. The application shall be approved as submitted, or in modified form, if the Director or Zoning Administrator finds: (3528B-2/02) 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 (3334-6/97) 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 Approval. In approving a temporary use permit, the Director or the Zoning Administrator may impose reasonable conditions necessary to: (3528B-2/02) 1. To be consistent with the General Plan and in the coastal zone to be consistent with the Local Coastal Program; (3334-6197) 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 $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. (3528B-2/02) 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. (3528B-2/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 241 241-5 2/02 241.22 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. (3528B-2/02) 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 leer 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. 241.24 Neighborhood Notification When no entitlement is required and the use requires such notification as stated in the Zoning and Subdivision Ordinance, this procedure shall notify property owners and tenants within a 150 foot radius of an applicant's proposed project. Notification requirements when no entitlement required. A. Notification. Ten (10) working days prior to submittal a buildin permit or certificate of occupancy, applicant s all notice adjacent property owners and tenants by first class mail. B. Notice of Application. 1. Name o ap cant. o 2. Location planned development or use, including address. 3. Complete description of the proposed development or use such that there is full disclosure in the notice. 4. Planning Department phone number and address of City Hall where plans may be reviewed. 5. The date by which any comments must be received in writing by the Planning Department and City appeal procedures. 6. Planning Department shall receive entire list including name and address of those receiving the mailing. C. A�eals. The Director's decision may be appealed in accord with Chapter 248. Huntington Beach Zoning and Subdivision Ordinance Chapter 241 241-6 2/02 ORDINANCE NO. 3637 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 204 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED USE CLASSIFICATIONS The City Council of the City of Huntington Beach does hereby ordain s follows: SECTION 1. Chapter 204 of the Huntington Beach Zoning and bdivision Ordinance is hereby amended to read as follows: s•gam ..rah ' c — �&r.�- ,�r� -"s#.a..3-_;w% .ss`"S^ 7 �. "� zvx,a s�'fid. -.. ,v,3�.�. ��`'�Sections: 204.02 Applicability 204.04 Uses Not Classified 204.06 Residential Use Classificatio s 204.08 Public and Semipublic Use lassifications 204.10 Commercial Use Classific tions 204.12 Industrial Use Classifica ons 204.14 Accessory Use Classifi ations 204.16 Temporary Use Class' ications 204.02 Applicability / Use classifications describe one or more u s having similar characteristics, but do not list every use or activity that may appropriate be within the classification. The Director shall . determine whether a specific use shall b deemed to be within one or more use classifications or not within any classification in this itle. The Director may determine that a specific use shall not be deemed to be within a cl sification, if its characteristics are substantially different than those typical of uses named wit in.the classification. The Director's decision may be appealed to the Planning Commissi n. 204.04 Uses Not Cla ified Any new use, or any use that c nnot be clearly determined to be in an existing use classification, may be incorp ated into the zoning provisions by a Zoning and Subdivision Ordinance text amendment, s provided in Chapter 247. Such an incorporation shall not be effective unless certified by the Coastal Commission as a Local Coastal Program amendment. 204.06 Resid tial Use Classifications A. Day Car Limited or Small-Family). Non-medical care and supervision of six or few persons, or eight or fewer persons if two of the persons are six years of age or older, on a less than 24-hour basis. Children under the age of 10 years who older, in the home shall be counted for purposes of these limits. This clas ification includes nursery schools, preschools, and day-care centers for chi dren and adults. B. rou Residential. Shared living quarters without separate kitchen or bathroom facilities for each room or unit. This classification includes boarding houses, but excludes residential hotels or motels. ord/04zoning/Chap204/4/5/04 1 D. Residential Alcohol Recovery, Limited. Twenty-four-hour care for no more than six persons suffering from alcohol problems in need of personal services, supervision,protection or assistance. This classification includes only those facilities licensed by the State of California. E. Residential Care, Limited. Twenty-four-hour non-medical care for 6 or fewer persons in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living. This classification includes only those services and facilities licensed by the State of California. F. Single-Family Residential. Buildings containing one dwelling unit located on a single lot. This classification includes manufactured homes. 204.08 Public and Semipublic Use Classifications A. Cemetery. Land used or intended to be used for the burial of human remains and dedicated for cemetery purposes. Cemetery purposes include columbariums, crematoriums, mausoleums, and mortuaries operated in conjunction with the cemetery, business and administrative offices, chapels, flower shops, and necessary maintenance facilities. B. Clubs and Lodges. Meeting, recreational, or social facilities of a private or nonprofit organization primarily for use by members or guests. This classification includes union halls, social clubs and youth centers. C. Community and Human Service Facilities. 1. Drug Abuse Centers. Facilities offering drop-in services for persons suffering from drug abuse, including treatment and counseling without provision for on-site residence or confinement. 2. Primary Health Care. Medical services, including clinics, counseling and referral services, to persons afflicted with bodily or mental disease or injury without provision for on-site residence or confinement. 3. Emergency Kitchens. Establishments offering food for the "homeless" and others in need. 4. Emergency Shelters. Establishments offering food and shelter programs for "homeless" people and others in need. This classification does not include facilities licensed for residential care, as defined by the State of California, which provide supervision of daily activities. 5. Residential Alcohol Recovery, General. Facilities providing 24-hour care for more than six persons suffering from alcohol problems, in need of personal services, supervision, protection or assistance. These facilities may include an inebriate reception center as well as facilities for treatment, training, research, and administrative services for program participants and employees. This classification includes only those facilities licensed by the State of California. 6. Residential Care, General. Twenty-four-hour non-medical care for seven or more persons, including wards of the juvenile court, in need of personal services, supervision, protection, or assistance essential ord/04zoning/Chap204/4/2/04 2 for sustaining the activities of daily living. This classification includes only those facilities licensed by the.State of California. D. Convalescent Facilities. Establishments providing care on a 24-hour basis for persons requiring regular medical attention, but excluding facilities providing surgical or emergency medical services. E. Cultural Institutions. Nonprofit institutions displaying or preserv' g objects of interest in one or more of the arts or sciences. This classifi ion includes libraries, museums, and art galleries. F. Day Care, Large-Fami1X. Non-medical care and superv' ion for 7 to 12 persons, or up to 14 persons if two of the persons are x years of age or older on a less than 24-hour basis. Children under e age of 10 years who reside in the home shall be counted for purposes these limits. H. Emergency Health Care. Facilities providing ergency medical service with no provision for continuing care on an . patient basis. 1. Government Offices. Administrative, cl ical, or public contact offices of a government agency, including postal f ilities, together with incidental storage and maintenance of vehicles. J. Heliports. Pads and facilities ena ing takeoffs and landings by helicopter. K. Hospitals. Facilities providing edical, surgical, psychiatric, or emergency medical services to sick or in' red persons, primarily on an inpatient basis. This classification includes ' cidental facilities for out-patient treatment, as well as training, research, d administrative services for patients and employees. L. Maintenance and Serv' e Facilities. Facilities providing maintenance and repair services for ve 1cles and equipment, and materials storage areas. This classification includ s corporation yards, equipment service centers, and similar facilities. M. Marinas. A boa asin with docks, mooring facilities, supplies and equipment for all boats. N. Park and Rec eation Facilities. Noncommercial parks, playgrounds, recreation f ilities, and open spaces. O. Public Sa tv Facilities. Facilities for public safety and emergency services, includin police and fire protection. P. Reli io s Assembl . Facilities for religious worship and incidental religious educa on, but not including private schools as defined in this section. Q. Scho is Public or Private. Educational institutions having a curriculum com arable to that required in the public schools of the State of California. R. Ut hies Ma'or. Generating plants, electrical substations, above-ground el ctrical transmission lines, switching buildings, refuse collection, transfer, r cycling or disposal facilities, flood control or drainage facilities, water or astewater treatment plants, transportation or communications utilities, and similar facilities of public agencies or public utilities. ord/04zoning/Chap204/4/2/04 3 S. Utilities, Minor. Utility facilities that are necessary to support legally established uses and involve only minorr structures such as electrical distribution lines, underground water and sewer lines, and recycling and collection containers. 204.10 Commercial Use Classifications A. Ambulance Services. Provision of emergency medical care or transportation, including incidental storage and maintenance of vehicles as regulated by Chapter 5.20. B. Animal Sales and Services. 1. Animal Boarding. Provision of shelter and care for small animals on a commercial basis. This classification includes activities such as feeding, exercising, grooming, and incidental medical care, and kennels. 2. Animal Grooming. Provision of bathing and trimming services for small animals on a commercial basis. This classification includes boarding for a maximum period of 48 hours. 3. . Animal Hospitals. Establishments where small animals receive medical and surgical treatment. This classification includes only facilities that are entirely enclosed, soundproofed, and air- conditioned. Grooming and temporary(maximum 30 days) boarding of animals are included, if incidental to the hospital use. 4. Animals: Retail Sales. Retail sales and boarding of small animals, provided such activities take place within an entirely enclosed building. This classification includes grooming, if incidental to the retail use, and boarding of animals not offered for sale for a maximum period of 48 hours. 5. Equestrian Centers. Establishments offering facilities for instruction in horseback riding, including rings, stables, and exercise areas. 6. Pet Cemetery. Land used or intended to be used for the burial of animals, ashes or remains of dead animals, including placement or erection of markers, headstones or monuments over such places of burial. C. Artists' Studios. Work space for artists and artisans, including individuals practicing one of the fine arts or performing arts, or skilled in an applied art or craft. D. Banks and Savings and Loans. Financial institutions that provide retail banking services to individuals and businesses. This classification includes only those institutions engaged in the on-site circulation of cash money. It also includes businesses offering check-cashing facilities. 1. With Drive-up Service. Institutions providing services accessible to persons who remain in their automobiles. E. Building Materials and Services. Retailing, wholesaling, or rental of building supplies or equipment. This classification includes lumber yards, ord/04zon i ng/Ch ap2 04/4/2/04 4 tool and equipment sales or rental establishments, and building contractors' yards, but-excludes establishments devoted exclusively to retail sales of paint and hardware, and activities classified under Vehicle/Equipment Sales and Services. F. Catering Services. Preparation and delivery of food and beverages for off site consumption without provision for on-site pickup or consumption. ee also Eating and Drinking Establishments.) G. Commercial Filming. Commercial motion picture or video phot graphy at the same location more than six days per quarter of a calendar ear. (See also Chapter 5.54, Commercial Photography) H. Commercial Recreation and Entertainment. Provision o participant or spectator recreation or entertainment. This classificati n includes theaters, sports stadiums and arenas, amusement parks, bowli g alleys, billiard parlors and poolrooms as regulated by Chapter 9.32; danc alls as regulated by Chapter 5.28; ice/roller skating rinks, golf cours , miniature golf courses, scale-model courses, shooting galleries,tennis/ cquetball courts, health/fitness clubs, pinball arcades or electro is games centers, cyber cafe having more than 4 coin-operated game ma ines as regulated by Chapter 9.28; card rooms as regulated by Chapter .24; and fortune telling as regulated by Chapter 5.72. 1. Limited. Indoor movie theate s, game centers and performing arts theaters and health/fitness c bs occupying less than 2,500 square feet. I. Communications Facilities. Br adcasting, recording, and other communication services acco plished through electronic or telephonic mechanisms, but excluding tilities (Major). This.classification includes radio, television, or record g studios; telephone switching centers; telegraph offices; and wireless com unication facilities. (3334-6/97,3378-2/98.3ssa-9/02)) J. Eatin and Drinkiniz E ablishments. Businesses serving prepared food or beverages for consum tion on or off the premises. 1. With Fast-F od or Take-Out Service. Establishments where patrons order and y for their food at a counter or window before it is consume and may either pick up or be served such food at a table or take it o -site for consumption. a. Drive-through. Service from a building to persons in vehicles through an outdoor service window. b. Limited. Establishments that do not serve persons in vehicles or at a table. 2. ith Live Entertainment/Dancing. An eating or drinking establishment where dancing and/or live entertainment is allowed. This classification includes nightclubs subject to the requirements of Chapter 5.44 of the Municipal Code. K. Fo d and Bevera e Sales. Retail sales of food and beverages for off-site p paration and consumption. Typical uses include groceries, liquor stores, r delicatessens. Establishments at which 20 percent or more of the ord/04zoning/Chap204/4/2/04 5 ' 1 transactions are sales of prepared food for on-site or take-out consumption shall be classified as Catering Services or Eating and Drinking Establishments. 1. With Alcoholic Bevera eg Sales. Establishments where more than 10 percent of the floor area is devoted to sales, display and storage of alcoholic beverages. L. Food Processing. Establishments primarily engaged in the manufacturing or processing of food or beverages for human consumption and wholesale distribution. M. Funeral and Interment Services. Establishments primarily engaged in the provision of services involving the care, preparation or disposition of human dead other than in cemeteries. Typical uses include crematories, columbariums, mausoleums or mortuaries. N. Horticulture. The raising of fruits, vegetables, flowers,trees, and shrubs as a commercial enterprise. O. Laboratories. Establishments providing medical or dental laboratory services; or establishments with less than 2,000 square feet providing photographic, analytical, or testing services. Other laboratories are classified as Limited Industry. P. Maintenance and Repair Services. Establishments providing appliance repair, office machine repair, or building maintenance services. This classification excludes maintenance and repair of vehicles or boats; see (Vehicle/Equipment Repair). Q. Marine Sales and Services. Establishments providing supplies and equipment for shipping or related services or pleasure boating. Typical uses include chandleries, yacht brokerage and sales, boat yards, boat docks, and sail-making lofts. R. Nurseries. Establishments in which all merchandise other than plants is kept within an enclosed building or a fully screened enclosure, and fertilizer of any type is stored and sold in package form only. S. Offices, Business and Professional. Offices of firms or organizations providing professional, executive, management, or administrative services, such as architectural, engineering, graphic design, interior design, real estate, insurance, investment, legal, veterinary, and medical/dental offices. This classification includes medical/dental laboratories incidental to an office use, but excludes banks and savings and loan associations. T. Pawn Shops. Establishments engaged in the buying or selling of new or secondhand merchandise and offering loans secured by personal property and subject to Chapter 5.36 of the Municipal Code. U. Personal Enrichment Services. Provision of instructional services or facilities, including photography, fine arts, crafts, dance or music studios, driving schools, business and trade schools, and diet centers, reducing salons, fitness studios, yoga or martial arts studios, and massage in conjunction with Personal Services business. ord/04zoning/Chap204/4/2/04 6 V. Personal Services. Provision of recurrently needed services of a personal nature. This classification includes barber and beauty shops, seamstresses, tailors, shoe repair shops, dry-cleaning businesses (excluding large-scale bulk cleaning plants), photo-copying, and self-service laundries. W. Research and Development Services. Establishments primarily engaged in industrial or scientific research, including limited product testing. This classification includes electron research firms or pharmaceutical research laboratories, but excludes manufacturing, except of prototypes, or medic testing and analysis. X. Retail Sales. The retail sale of merchandise not specifically list under another use classification. This classification includes dep ent stores, drug stores, clothing stores, and furniture stores, and busi sses retailing the following goods: toys, hobby materials, handcrafted ite s,jewelry, cameras, photographic supplies, medical supplies and equipm t, electronic equipment, records, sporting goods, surfing boards nd equipment, kitchen utensils, hardware, appliances, antiques, art sup es and services, paint and wallpaper, carpeting and floor covering, offic upplies, bicycles, and new automotive parts and accessories (excludin ervice and installation). Y. Secondhand Appliances and Clothing S es. The retail sale of used appliances and clothing by secondha dealers who are subject to Chapter 5.36. This classification excludes tique shops primarily engaged in the sale of used furniture and access es other than appliances, but includes junk shops. Z. Sex Oriented Businesses. E ablishments as regulated.by Chapter 5.70; baths, sauna baths and ma age establishments, as regulated by Chapter 5.24; and figure model studios s regulated by Chapter 5.60. AA. SwapMeets Indoor ea Markets. An occasional, periodic or regularly scheduled market he d within a building where groups of individual vendors offer goods.for sal to the public. BB. Swa Meets Re urrin Retail sale or exchange of handcrafted or secondhand m chandise for a maximum period of 32 consecutive hours, conducted by sponsor on a more than twice yearly basis. CC. Tattoo Esta lishment. Premises used for the business of marking or coloring the skin w' h tattoos as regulated by Chapter 8.70. DD. Travel rvices. Establishments providing travel information and resery ions to individuals and businesses. This classification excludes car rental gencies. EE. Ve cle/E ui ment Sales and Services. l. Automobile Rentals. Rental of automobiles, including storage and incidental maintenance, but excluding maintenance requiring pneumatic lifts. 2. Automobile Washing. Washing, waxing, or cleaning of automobiles or similar light vehicles. ord/04zoninJCh p204/4/2/04 7 3. Commercial Parking Facility. Lots offering short-term or long-term parking to the public for a fee. 4. Service Stations. Establishments engaged in the retail sale of gas, diesel fuel, lubricants,parts, and accessories. This classification includes incidental maintenance and minor repair of motor vehicles, but excluding body and fender work or major repair of automobiles, motorcycles, light and heavy trucks or other vehicles. 5. Vehicle/Equipment Repair. Repair of automobiles,trucks, motorcycles, mobile homes, recreational vehicles, or boats, including the sale, installation, and servicing of related equipment and parts. This classification includes auto repair shops, body and fender shops, transmission shops,wheel and brake shops, and tire sales and installation, but excludes vehicle dismantling or salvage and tire retreading or recapping. a. Limited. Light repair and sale of goods and services for vehicles, including brakes, muffler, tire shops, oil and lube, and accessory uses, but excluding body and fender shops, upholstery, painting, and rebuilding or reconditioning of vehicles. 6. Vehicle/Equipment Sales and Rentals. Sale or rental of automobiles, motorcycles,trucks,tractors, construction or agricultural equipment, manufactured homes,boats, and similar equipment, including storage and incidental maintenance. 7. Vehicle Storaize. Storage of operative or inoperative vehicles. This classification includes storage of parking tow-aways, impound yards, and storage lots for automobiles, trucks, buses and recreational vehicles, but does not include vehicle dismantling. FF. Visitor Accommodations. 1. Bed and Breakfast Inns. Establishments offering lodging on a less than weekly basis in a converted single-family or multi-family dwelling or a building of residential design, with incidental eating and drinking service for lodgers only provided from a single kitchen. 2. Hotels and Motels. Establishments offering lodging on a weekly or less than weekly basis. Motels may have kitchens in no more than 25 percent of guest units, and "suite" hotels may have kitchens in all units. This classification includes eating, drinking, and banquet service associated with the facility. GG. Warehouse and Sales Outlets. Businesses which store large inventories of goods in industrial-style buildings where these goods are not produced on the , site but are offered to the public for sale. HH. Quasi Residential 1. Residential Hotels. Buildings with 6 or more guest rooms without kitchen facilities in individual rooms, or kitchen facilities for the ord/04zoning/Chap204/4/2/04 8 exclusive use of guests, and which are intended for occupancy on a weekly or monthly basis. 2. Sin lg e Room Occupancy. Buildings designed as a residential el consisting of a cluster of guest units providing sleeping and. ' ing facilities in which sanitary facilities and cooking facilities , e provided within each unit; tenancies are weekly or mon y. 3. Time-Share Facilities. A facility in which the purc ser receives the right in perpetuity, for life or for a term of years, t the recurrent ! , exclusive use or occupancy of a lot, parcel, unit r segment of real property, annually or on some other periodic b sis for a period of time that has been or will be allocated from e use or occupancy periods into which the plan has been divide . A time-share plan may be coupled with an estate in the real prop y or it may entail a license or contract and/or membership r' ht of occupancy not coupled with an estate in the real prop rty. 204.12 Industrial Use Classifications A. Industry, Custom. Establishments prim rily engaged in on-site production of goods by hand manufacturing involvi the use of hand tools and small-scale equipment. 1. Small-scale. Includes me anical equipment not exceeding 2 horsepower or a single k* n not exceeding 8 kilowatts and the incidental direct sale to onsumers of only those goods produced on- site. Typical uses incl de ceramic studios, candle-making shops, and custom jewelry man acture. B. Industrv, General. Manu cturing of products, primarily from extracted or raw materials, or bulk st rage and handling of such products and materials. Uses in this classificati n typically involve a high incidence of truck or rail traffic, and/or outdoo storage of products, materials, equipment, or bulk fuel. This classifica on includes chemical manufacture or processing, food processing and pac aging, laundry and dry cleaning plants, auto dismantling within an enclosecY building, stonework and concrete products manufacture (excluding concr to ready-mix plants), small animal production and processing wit in an enclosed building, and power generation. C. Indust Li ted. Manufacturing of finished parts or products, primarily from previo sly prepared materials; and provision of industrial services, both within an e closed building. This classification includes processing, fabricatio , assembly, treatment, and packaging, but excludes basic industria processing from raw materials and Vehicle/Equipment Services, but doe allow food processing for human consumption. D. Indus Research and Develo ment. Establishments primarily engaged in /ele search, development, and controlled production of high-technology onic, industrial or scientific products or commodities for sale, but bits uses that may be objectionable in the opinion of the Director, by n of production of offensive odor, dust, noise, vibration, or in the on of the Fire Chief by reason of storage of hazardous materials. Uses de aerospace and biotechnology firms, and non-toxic computer component manufacturers. ord/04 zon in g/C h ap204/4/2/04 9 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. 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. 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. 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. 204.14 Accessory Use Classifications Accessory Uses and Structures. Uses and structures that are incidental to the principal permitted or conditionally permitted use or structure on a site and are customarily found on the same site. This classification includes detached or attached garages, home occupations, caretakers' units, and dormitory type housing for industrial commercial workers employed on the site, and accessory dwelling units. 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. ord/04zoning/Chap204/4/2/04 10 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 96 conse tive hours(four days) no more than once every 3 months. G. Seasonal Sales. Retail sales of seasonal products, including C istmas trees, Halloween pumpkins and strawberries. H. Street Fairs. Provision of games, eating and drinking fa ' ities, live entertainment, or similar activities not requiring the us of roofed structures. I. Trade Fairs. Display and sale of goods or equipm t related to a specific trade or industry for a maximum period of five s per year. J. Temporary Event. Those temporary activiti located within the coastal zone that do not qualify for an exemption rsuant to Section 245.08. K. Tent Event. Allows for the overflow o religious assembly for a period not to exceed 72 consecutive hours and n more than once every 3 months. SECTION 2. This ordinance shall become e ective 30 days after its adoption. PASSED AND ADOPTED by the City C unit of the City of Huntington Beach at a regular meeting thereof held on the day f 12004. Mayor ATTEST: APPROVED AS TO FORM: City Clerk ;^ , 4City(Attomey REVIEWED AND APPROV INITIA D AND APPROVED: I City 41ministrator Director of Planning d 1 ord/04zoning/Chap204/4/5/04 1 l March 16,2004 LEGISLATIVE DRAFT Chapter 204 Use Classifications (3334-6/97,3378-2/98,3521-2/02,3568-9/02) Sections: 204.02 Applicability 204.04 Uses Not Classified 204.06 Residential Use Classifications 204.08 Public and Semipublic Use Classifications 204.10 Commercial Use Classifications 204.12 Industrial Use Classifications 204.14 Accessory Use Classifications 204.16 Temporary Use Classifications 204.02 Applicability Use classifications describe one or more uses having similar characteristics, but do not list every use or activity that may appropriately be within the classification. The Director shall determine whether a specific use shall be deemed to be within one or more use classifications or not within any classification in this Title.. The Director may determine that a specific use shall not be deemed to be within a classification, if its characteristics are substantially different than those typical of uses named within the classification. The Director's decision may be appealed to the Planning Commission. (3334-6/97) 204.04 Uses Not Classified Any new use, or any use that cannot be clearly determined to be in an existing use classification, may be incorporated into the zoning provisions by a Zoning and Subdivision Ordinance text amendment, as provided in Chapter 247. Such an incorporation shall not be effective unless certified by the Coastal Commission as a Local Coastal Program amendment. (3334-6/97) 204.06 Residential Use Classifications A. Day Care Limited or Small-Family). Non-medical care and supervision of six or fewer persons, or eight or ewer persons if two of the persons are six years of age or older, on-a less-than 24-hour basis. Children under the age of 1.0.years who reside in the home shall be counted for purposes of these limits. This classification includes nursery schools, preschools, and day-care centers for children and adults. (3334-6/97) B. Group Residential. Shared living quarters without separate kitchen or bathroom facilities for each room or unit. This classification includes boarding houses, but excludes residential hotels or motels. (3334-6/97) C. Multifamily Residential. Two or more dwelling units on a site. This classification includes manufactured homes. (3334-6/97) March 16,2004 Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-2 9/02 D. Residential Alcohol Recovery, Limited. Twenty-four-hour care for no more than six persons suffering from alcohol problems in need of personal services, supervision, protection or assistance. This classification includes only those facilities licensed by the State of California. (3334-6/97) E. Residential Care, Limited. Twenty-four-hour non-medical care for 6 or fewer persons in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living. This classification includes only those services and facilities licensed by the State of California.(3334-6/97) F. Single-Family Residential. Buildings containing one dwelling unit located on a single lot. This classification includes manufactured homes. (3334-6/97) 204.08 Public and Semipublic Use Classifications A. Cemetery. Land used or intended to be used for the burial of human remains and dedicated for cemetery purposes. Cemetery purposes include columbariums, crematoriums, mausoleums, and mortuaries operated in conjunction with the cemetery, business and administrative offices, chapels, flower shops, and necessary maintenance facilities. (3334-6/97) B. Clubs and Lodges. Meeting, recreational, or social facilities of a private or nonprofit organization primarily for use by members or guests. This classification includes union halls, social clubs and youth centers. (3334-6/97) C. Community and Human Service Facilities. l. Drug Abuse Centers. Facilities offering drop-in services for persons suffering from drug abuse, including treatment and counseling without provision for on-site residence or confinement. (3334-6/97) 2. Primary Health Care. Medical services, including clinics, counseling and referral services, to persons afflicted with bodily or mental disease or injury without provision for on-site residence or confinement. (3334-6/97) 3. Emergency Kitchens. Establishments offering food for the "homeless" and others in need. (3334-6/97) 4. Emergency Shelters. Establishments offering food and shelter programs for "homeless" people and others in need. This classification does not include facilities licensed for residential care, as defined by the State of California, which provide supervision of daily activities. (3334-6/97) 5. Residential Alcohol Recovery, General. Facilities providing 24-hour care for more than six persons suffering from alcohol problems, in need of personal services, supervision, protection or assistance. These facilities may include an inebriate reception center as well as facilities for treatment, training, research, and administrative services for program participants and employees. This classification includes only those facilities licensed by the State of California. (3334-6/97) March 16,2004 Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-2 6/97 6. Residential Care, General. Twenty-four-hour non-medical care for seven or more persons, including wards of the juvenile court, in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living. This classification includes only those facilities licensed by the State of California.(3334- 6/97) D. Convalescent Facilities. Establishments providing care on a 24-hour basis for persons requiring regular medical attention, but excluding facilities providing surgical or emergency medical services. (3334-6/97) E. Cultural Institutions. Nonprofit institutions displaying or preserving objects of interest in one or more of the arts or sciences. This classification includes libraries, museums, and art galleries. (3334-6/97) F. Day Care, Lar e-Family. Pr-a isiar of.*Non-medical care and supervision for 7 to 12 ehildr-p-w; persons, or up to 14 persons if two of the persons are six ears of age or older on a less than 24- hour basis. Children under the age of 10 years who reside in the home shall be counted for purposes of these limits. (3334-6/97) G. Day Care, General. Hof Neon-medical care for 13 or more persons on a less than 24-hour basis. This classification includes nursery schools, preschools, and day-care centers for children or adults. (n34-6/97) H. Emergency Health Care. Facilities providing emergency medical service with no provision for continuing care on an inpatient basis. (3334-6/97) I. Government Offices. Administrative, clerical, or public contact offices of a government agency, including postal facilities, together with incidental storage and maintenance of vehicles. (3334-6/97) J. Heliports. Pads and facilities enabling takeoffs and landings by helicopter. (3334- 6/97) K. Hospitals. Facilities providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons, primarily on an inpatient basis. This classification includes incidental facilities for out-patient treatment, as well as training, research, and administrative services for patients and employees. (3334-6/97) L. Maintenance and Service Facilities. Facilities providing maintenance and repair services for vehicles and equipment, and materials storage areas. This classification includes corporation yards, equipment service centers, and similar facilities. (3334-6/97) M. Marinas. A boat basin with docks, mooring facilities, supplies and equipment for small boats. (3334-6/97) N. Park and Recreation Facilities. Noncommercial parks, playgrounds, recreation facilities, and open spaces. (3334-6/97) March 16,2004 O. Public Safety Facilities. Facilities for public safety and emergency services, including police and fire protection. (3334-6/97) P. Religious Assembly. Facilities for religious worship and incidental religious education, but not including private schools as defined in this section. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-3 6/67 Q. Schools, Public or Private. Educational institutions having a curriculum comparable to that required in the public schools of the State of California. (3334- 6/97) R. Utilities, Major. Generating plants, electrical substations, above-ground electrical transmission lines, switching buildings, refuse collection, transfer, recycling or disposal facilities, flood control or drainage facilities, water or wastewater treatment plants, transportation or communications utilities, and similar facilities of public agencies or public utilities. (3334-6/97) S. Utilities, Minor. Utility facilities that are necessary to support legally established uses and involve only minor structures such as electrical distribution lines, underground water and sewer lines, and recycling and collection containers. (3334-6/97) 204.10 Commercial Use Classifications A. Ambulance Services. Provision of emergency medical care or transportation, including incidental storage and maintenance of vehicles as regulated by Chapter 5.20. (3334-6/97,3378-2/98) B. Animal Sales and Services. l. Animal Boarding. Provision of shelter and care for small animals on a commercial basis. This classification includes activities such as feeding, exercising, grooming, and incidental medical care, and kennels. (3334-6/97) 2. Animal Grooming. Provision of bathing and trimming services for small animals on a commercial basis. This classification includes boarding for a maximum period of 48 hours. (3334-6/97) 3. Animal Hospitals. Establishments where small animals receive medical and surgical treatment. This classification includes only facilities that are entirely enclosed, soundproofed, and air- conditioned. Grooming and temporary(maximum 30 days) boarding of animals are included, if incidental to the hospital use. (3334-6/97) 4. Animals: Retail Sales. Retail sales and boarding of small animals, provided such activities take place within an entirely enclosed building. This classification includes grooming, if incidental to the retail use, and boarding of animals not offered for sale for a maximum period of 48 hours. (3334-6/97) 5. Equestrian Centers. Establishments offering facilities for instruction in horseback riding, including rings, stables, and exercise areas. (3334-6/97) March 16,2004 6. Pet Cemetery. Land used or intended to be used for the burial of animals, ashes or remains of dead animals, including placement or erection of markers, headstones or monuments over such places of burial. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-4 2/98 C. Artists' Studios. Work space for artists and artisans, including individuals practicing one of the fine arts or performing arts, or skilled in an applied art or craft. (3334-6/97) D. Banks and Savings and Loans. Financial institutions that provide retail banking services to individuals and businesses. This classification includes only those institutions engaged in the on-site circulation of cash money. It also includes businesses offering check-cashing facilities. (3334-6/97,3378-2/98) 1. With Drive-up Service. Institutions providing services accessible to persons who remain in their automobiles. (3334-6/97) E. Building Materials and Services. Retailing, wholesaling, or rental of building supplies or equipment. This classification includes lumber yards, tool and equipment sales or rental establishments, and building contractors' yards,but excludes establishments devoted exclusively to retail sales of paint and hardware, and activities classified under Vehicle/Equipment Sales and Services. (3334-6/97,3378-2/98) F. Catering Services. Preparation and delivery of food and beverages for off- site consumption without provision for on-site pickup or consumption. (See also Eating and Drinking Establishments.) (3334-6/97,3378-2/98) G. Commercial Filming. Commercial motion picture or video photography at the same location more than six days per quarter of a calendar year. (See also Chapter 5.54, Commercial Photography) (3334-6/97,3378-2/98) H. Commercial Recreation and Entertainment. Provision of participant or spectator recreation or entertainment. This classification includes theaters, sports stadiums and arenas, amusement parks, bowling alleys,billiard parlors and poolrooms as regulated by Chapter 9.32; dance halls as regulated by Chapter 5.28; ice/roller skating rinks, golf courses, miniature golf courses, scale-model courses, shooting galleries, tennis/racquetball courts, health/fitness clubs, pinball arcades or electronic games centers, cyber cafe having more than 4 coin-operated game machines as regulated by Chapter 9.28; card rooms as regulated by Chapter 9.24; and fortune telling as regulated by Chapter 5.72. (3334-6/97,3378-2/98) 1. Limited. Indoor movie theaters, game centers and performing arts theaters and health/fitness clubs occupying less than 2,500 square feet. (3334-6/97) I. Communications Facilities. Broadcasting, recording, and other communication services accomplished through electronic or telephonic mechanisms, but excluding Utilities (Major). This classification includes radio, television, or recording studios; telephone switching centers; telegraph offices; and wireless communication facilities. (3334-6/97,3378-2/98,3568-9/02)) March 16,2004 J. Eating and Drinking Establishments. Businesses serving prepared food or beverages for consumption on or off the premises. (3334-6/97,3378-2/98) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-5 9/02 1. With Fast-Food or Take-Out.Service. Establishments where patrons order and pay for their food at a counter or window before it is consumed and may either pick up or be served such food at a table or take it off-site for consumption. (3334-6/97) a. Drive-through. Service from a building to persons in vehicles through an outdoor service window. (3334-6/97) b. Limited. Establishments that do not serve persons in vehicles or at a table. (3334-6/97) 2. With Live Entertainment/Dancing. An eating or drinking establishment where dancing and/or live entertainment is allowed. This classification includes nightclubs subject to the requirements of Chapter 5.44 of the Municipal Code. (3334-6/97) K. Food and Bevera eg Sales. Retail sales of food and beverages for off-site preparation and consumption. Typical uses include groceries, liquor stores, or delicatessens. Establishments at which 20 percent or more of the transactions are sales of prepared food for on-site or take-out consumption shall be classified as Catering Services or Eating and Drinking Establishments. (3334-6/97,3378-2/98) 1. With Alcoholic Bevera e Sales. Establishments where more than 10 percent of the floor area is devoted to sales, display and storage of alcoholic beverages. (3334-6/97) L. Food Processing. Establishments primarily engaged in the manufacturing or processing of food or beverages for human consumption and wholesale distribution. (3334-6/97,3378-2/98) M. Funeral and Interment Services. Establishments primarily engaged in the provision of services involving the care, preparation or disposition of human dead other than in cemeteries. Typical uses include crematories, columbariums, mausoleums or mortuaries. (3334-6/97,3378-2/98) N. Horticulture. The raising of fruits, vegetables, flowers, trees, and shrubs as a commercial enterprise. (3334-6/97,3378-2/98) O. Laboratories. Establishments providing medical or dental laboratory services; or establishments with less than 2,000 square feet providing photographic, analytical, or testing services. Other laboratories are classified as Limited Industry. (3334-6/97,3378-2/98) P. Maintenance and Repair Services. Establishments providing appliance repair, office machine repair, or building maintenance services. This March 16,2004 classification excludes maintenance and repair of vehicles or boats; see (Vehicle/Equipment Repair). (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-6 2/98 Q. Marine Sales and Services. Establishments providing supplies and equipment for shipping or related services or pleasure boating. Typical uses include chandleries, yacht brokerage and sales, boat yards, boat docks, and sail-making lofts. (3334-6/97,3378-2/98) R. Nurseries. Establishments in which all merchandise other than plants is kept within an enclosed building or a fully screened enclosure, and fertilizer of any type is stored and sold in package form only. (3334-6/97,3378-2/98) S. Offices, Business and Professional. Offices of firms or organizations providing professional, executive, management, or administrative services, such as architectural, engineering, graphic design, interior design, real estate, insurance, investment, legal, veterinary, and medical/dental offices. This classification includes medical/dental laboratories incidental to an office use, but excludes banks and savings and loan associations. (3334-6/97,3378-2/98) T. Pawn Shops. Establishments engaged in the buying or selling of new or secondhand merchandise and offering loans secured by personal property and subject to Chapter 5.36 of the Municipal Code. (3334-6/97,3378-2/98) U. Personal Enrichment Services. Provision of instructional services or facilities, including photography, fine arts, crafts, dance or music studios, driving schools, business and trade schools, and diet centers, reducing salons, ai4 fitness studios, yoga or martial arts studios, and massage in conjunction with Personal Services business. (3334- 6/97,3378-2/98) V. Personal Services. Provision of recurrently needed services of a personal nature. This classification includes barber and beauty shops, seamstresses, tailors, shoe repair shops, dry-cleaning businesses (excluding large-scale bulk cleaning plants), photo-copying, and self-service laundries. (3334-6/97,3378-2/98) W. Research and Development Services. Establishments primarily engaged in industrial or scientific research, including limited product testing. This classification includes electron research firms or pharmaceutical research laboratories, but excludes manufacturing, except of prototypes, or medical testing and analysis. (3334-6/97,3378-2/98) X. Retail Sales. The retail sale of merchandise not specifically listed under another use classification. This classification includes department stores, drug stores, clothing stores, and furniture stores, and businesses retailing the following goods: toys, hobby materials, handcrafted items,jewelry, cameras, photographic supplies, medical supplies and equipment, electronic equipment, records, sporting goods, surfing boards and equipment, kitchen utensils, hardware, appliances, antiques, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive parts and accessories (excluding service and installation). (3334- 6/97,3378-2/98) March 16,2004 Y. Secondhand Appliances and Clothing Sales. The retail sale of used appliances and clothing by secondhand dealers who are subject to Chapter 5.36. This classification excludes antique shops primarily engaged in the sale of used furniture and accessories other than appliances, but includes junk shops. (3334-6/97,3378-2/98) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-7 2/98 Z. Sex Oriented Businesses. Establishments as regulated by Chapter 5.70; baths, sauna baths and massage establishments, as regulated by Chapter 5.24; and figure model studios as regulated by Chapter 5.60. (3378-2/98) AA. Swap Meets, Indoor/Flea Markets. An occasional, periodic or regularly scheduled market held within a building where groups of individual vendors offer goods for sale to the public. (3334-6/97) BB. Swap Meets, Recurring. Retail sale or exchange of handcrafted or secondhand merchandise for a maximum period of 32 consecutive hours, conducted by a sponsor on a more than twice yearly basis. (3334-6/97) CC. Tattoo Establishment. Premises used for the business of marking or coloring the skin with tattoos as regulated by Chapter 8.70. (3334-6/97) DD. Travel Services. Establishments providing travel information and reservations to individuals and businesses. This classification excludes car rental agencies. (3334-6/97) EE. Vehicle/Equipment Sales and Services. 1. Automobile Rentals. Rental of automobiles, including storage and incidental maintenance,but excluding maintenance requiring pneumatic lifts. (3334-6/97) 2. Automobile Washin)?. Washing, waxing, or cleaning of automobiles or similar light vehicles. (3334-6/97) 3. Commercial Parking Facility. Lots offering short-term or long-term parking to the public for a fee. (3334-6/97) 4. Service Stations. Establishments engaged in the retail sale of gas, diesel fuel, lubricants, parts, and accessories. This classification includes incidental maintenance and minor repair of motor vehicles, but excluding body and fender work or major repair of automobiles, motorcycles, light and heavy trucks or other vehicles. (3334-6/97) 5. Vehicle/Equipment Repair. Repair of automobiles, trucks, motorcycles, mobile homes, recreational vehicles, or boats, including the sale, installation, and servicing of related equipment and parts. This classification includes auto repair shops, body and fender shops, transmission shops, wheel and brake shops, and tire sales and installation, but excludes vehicle dismantling or salvage and tire retreading or recapping. (3334-6/97) March 16,2004 a. Limited. Light repair and sale of goods and services for vehicles, including brakes, muffler, tire shops, oil and lube, and accessory uses, but excluding body and fender shops, upholstery, painting, and rebuilding or reconditioning of vehicles. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-8 2/98 6. Vehicle/Equipment Sales and Rentals. Sale or rental of automobiles, motorcycles, trucks, tractors, construction or agricultural equipment, manufactured homes, boats, and similar equipment, including storage and incidental maintenance. (3334-6/97) 7. Vehicle Storage. Storage of operative or inoperative vehicles. This classification includes storage of parking tow-aways, impound yards, and storage lots for automobiles, trucks, buses and recreational vehicles, but does not include vehicle dismantling. (3334-6/97) FF. Visitor Accommodations. 1. Bed and Breakfast Inns. Establishments offering lodging on a less than weekly basis in a converted single-family or multi-family dwelling or a building of residential design, with incidental eating and drinking service for lodgers only provided from a single kitchen. (3334-6/97) 2. Hotels and Motels. Establishments offering lodging on a weekly or less than weekly basis. Motels may have kitchens in no more than 25 percent of guest units, and "suite" hotels may have kitchens in all units. This classification includes eating, drinking, and banquet service associated with the facility. (3334-6/97) GG. Warehouse and Sales Outlets. Businesses which store large inventories of goods in industrial-style buildings where these goods are not produced on the site but are offered to the public for sale. (3334-6/97) HH. Quasi Residential 1. Residential Hotels. Buildings with 6 or more guest rooms without kitchen facilities in individual rooms, or kitchen facilities for the exclusive use of guests, and which are intended for occupancy on a weekly or monthly basis. (3334-6/97) 2. Single Room Occupancy. Buildings designed as a residential hotel consisting of a cluster of guest units providing sleeping and living facilities in which sanitary facilities and cooking facilities are provided within each unit; tenancies are weekly or monthly. (3334-6/97) 3. Time-Share Facilities. A facility in which the purchaser receives the right in perpetuity, for life or for a term of years, to the recurrent exclusive use or occupancy of a lot, parcel, unit or segment of real property, annually or on some other periodic basis for a period of March 16,2004 time that has been or will be allocated from the use or occupancy periods into which the plan has been divided. A time-share plan may be coupled with an estate in the real property or it may entail a license or contract and/or membership right of occupancy not coupled with an estate in the real property. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-9 6/97 204.12 Industrial Use Classifications A. Industry, Custom. Establishments primarily engaged in on-site production of goods by hand manufacturing involving the use of hand tools and small-scale equipment. (3334-6/97) 1. Small-scale. Includes mechanical equipment not exceeding 2 horsepower or a single kiln not exceeding 8 kilowatts and the incidental direct sale to consumers of only those goods produced on- site. Typical uses include ceramic studios, candle-making shops, and custom jewelry manufacture. (3334-6/97) B. Industry, General. Manufacturing of products, primarily from extracted or raw materials, or bulk storage and handling of such products and materials. Uses in this classification typically involve a high incidence of truck or rail traffic, and/or outdoor storage of products, materials, equipment, or bulk fuel. This classification includes chemical manufacture or processing, food processing and packaging, laundry and dry cleaning plants, auto dismantling within an enclosed building, stonework and concrete products manufacture (excluding concrete ready-mix plants), small animal production and processing within an enclosed building, and power generation. (3334-6/97) C. Industry, Limited. Manufacturing of finished parts or products, primarily from previously prepared materials; and provision of industrial services, both within an enclosed building. This classification includes processing, fabrication, assembly, treatment, and packaging, but excludes basic industrial processing from raw materials and Vehicle/Equipment Services,but does allow food processing for human consumption. (3334-6/97) D. Industry, Research and Development. Establishments primarily engaged in the research, development, and controlled production of high-technology electronic, industrial or scientific products or commodities for sale, but prohibits uses that may be objectionable in the opinion of the Director,by reason of production of offensive odor, dust, noise, vibration, or in the opinion of the Fire Chief by reason of storage of hazardous materials. Uses include aerospace and biotechnology firms, and non-toxic computer component manufacturers. (3334-6/97) This classification also includes assembly, testing and repair of components, devices, equipment, systems, parts and components such as but not limited to the following: coils, tubes, semi-conductors; communication, navigation, guidance and control equipment; data processing equipment; filing and labeling machinery; glass edging and silvering equipment; graphics and art equipment; metering equipment; optical devices and equipment; photographic equipment; radar, infrared and ultraviolet equipment; radio and television equipment. (3334-6/97) March 16,2004 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) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-10 6/97 This classification also includes research and development laboratories including biochemical and chemical development facilities for national welfare on land, sea, or air; and facilities for film and photography, metallurgy; pharmaceutical, and medical and x-ray research. (3334-6/97) E. Wholesaling, Distribution and Storage. Storage and distribution facilities without sales to the public on-site or direct public access except for recycling facilities and public storage in a small individual space exclusively and directly accessible to a specific tenant. This classification includes mini-warehouses. (3334-6/97) 204.14 Accessory Use Classifications Accessory Uses and Structures. Uses and structures that are incidental to the principal permitted or conditionally permitted use or structure on a site and are customarily found on the same site. This classification includes detached or attached garages, home occupations, caretakers'units, and dormitory type housing for industrial commercial workers employed on the site, and accessory dwelling units. (3334-6/97) 204.1.6 Temporary Use Classifications A. Animal Shows. Exhibitions of domestic or large animals for a maximum of seven days. (3334-6/97) B. Festivals, Circuses and Carnivals. Provision of games, eating and drinking facilities, live entertainment, animal exhibitions, or similar activities in a tent or other temporary structure for a maximum of seven days. This classification excludes events conducted in a permanent entertainment facility. (3334-6/97) (3521-2/02) C. Commercial Filming, Limited. Commercial motion picture or video photography at a specific location six or fewer days per quarter of a calendar year. (See also Chapter 5.54, Commercial Photography) (3334-6/97) D. Personal Property Sales. Sales of personal property by a resident("garage sales") for a period not to exceed 48 consecutive hours and no more than once every six months. (3334-6/97) E. Real Estate Sales. An office for the marketing, sales, or rental of residential, commercial, or industrial development. This classification includes "model homes." (3334-6/97) F. Retail Sales, Outdoor. Retail sales of new merchandise on the site of a legally established retail business for a period not to exceed 49 96 consecutive hours (four days) no more than once every 3 months. (3334-6/97) March 16,2004 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) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-11 2/02 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. (3521- 2/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 204-12 2/02 ORDINANCE NO. 3638 AN ORDINANCE OF THE CITY OF HUNTINGTON.BEACH AMENDING CHAPTER 210 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED RESIDENTIAL DISTRICTS The City Council of the City of Huntington Beach does hereby ordain as fol ws: SECTION 1. Chapter 210 of the Huntington Beach Zoning and Subdivisi Ordinance is hereby amended to read as follows: -e.w- „..� ."�'t,.--;<,�;. .�_.T3', r ,er�:-R;u•�="—.:*�'x.=r ;. ,,'» .;,:w' '"�a".�*s ,•:€.,.„,�, ^�.^.�..^;n• ,a "'==x ::7mF'�"F- -x•7" R Sections: 210.02 Residential Districts Established 210.04 RL, RM, RMH, RH, and RMP Districts: and Use Controls 210.06 RL, RM, RMH, RH, and RMP Districts: roperty Development Standards 210.08 Development Standards for Senior Pro' cts 210.10 Modifications for Affordable Housin 210.12 Planned Unit Development Supple ntal Standards and Provisions 210.14 RMP.District Supplemental Devel ment Standards 210.16 Review of Plans 210.02 Residential Districts Established The purpose of the residential districts is to implement e General Plan and Local Coastal Program Land Use Plan residential land use designations. Five (5)r idential zoning districts are established by this chapter as follows: A. The RL Low Density Residential istrict provides opportunities for single-family residential land use in neighbor oods, subject to appropriate standards. Cluster development is allowed. Max' um density is seven (7) units per acre. B. The RM Medium DensityR sidential District provides opportunities for housing of a more intense nature than si gle-family detached dwelling units, including duplexes, triplexes, town houses, ap ments, multi-dwelling structures, or cluster housing with landscaped open space fo residents' use. Single-family homes, such as patio homes, may also be suitable. ximum density is fifteen (15) units per acre. C. The RMH Medium Hz Density Densit Residential District provides opportunities for a more intensive form of dev lopment than is permitted under the medium density designation while setting an upp r limit on density that is lower than the most intense and concentrated devel pment permitted in the City. One subdistrict has been identified with unique characteris ics where separate development standards shall apply: RMH-A Small Lot. Maximum nsity is twenty-five (25) units per acre. D. The RH Hi h ensit Residential District provides opportunities for the most intensive form of reside tial development allowed in the City, including apartments in garden type complexes an high rise where scenic and view potential exists, subject to appropriate standards an locational requirements. Maximum density is thirty-five (35) units per acre. E. The RMP esidential Manufactured Home Park District provides sites for mobile home or manufactured home parks, including parks with rental spaces and parks where spaces are individually owned. Maximum density is nine (9) spaces per acre. ord/04zoning/chap 210/4/5/04 1 210.04 RL,RM, RMH, RH, and RMP Districts: Land Use Controls In the following schedules, letter designations are used as follows: "P" designates use classifications permitted in residential districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" that follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. "TU" designates use classifications allowed upon approval of a temporary use permit by the Zoning Administrator. "P/U" designates that accessory uses are permitted, however, accessory uses are subject to approval of a conditional use permit if the primary use requires a conditional use permit. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the zoning ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. (Rest of page not used) ord/04zoning/chap 210/4/2/04 2 RL,RM, RMH, RH,and P= Permitted RMP DISTRICTS: L= ..Limited(see Additional Provisions) LAND USE CONTROLS PC= Conditional use permit approved by Planning Commission ZA= Conditional use permit approved by Zoning Administrator TU= Temporary Use Permit P/U= Requires conditional use permit on site of conditional use -= Not Permitted RL RM RMH RMP dditi on,aI RH Provisions Residential Uses (A)(M)(Q) Day Care, Ltd. P P P P Group Residential - - PC - Multi-family Residential (B)(C)(D)(R) 2 - 4 units ZA P P 5 - 9 units ZA ZA ZA - 10 or more units PC PC PC - Manufactured Home Parks ZA ZA - ZA (E)(F) Residential, Alcohol Recovery, P P P P Ltd. Residential Care, Limited P P P Single-Family Residential P P P P (B)(D)(F)(P)(R) Public and Semipublic (A)(0) Clubs &Lodges PC PC ZA ZA Day Care, Large-family P P P P (S) Day Care, General L1 P P P (S) Park &Recreation Facilities L-2 -2 L-2 L-2 Public Safety Facilities PC PC PC PC Religious Assembly L-3 PC PC PC Residential Care, General - L-1 PC PC Schools, Public or Private PC PC PC PC Utilities, Major P PC PC PC Utilities, Minor P P P P Commercial Communication Facilities L-5 L-5 L-5 L-5 Horticulture ZA ZA ZA ZA Nurseries ZA ZA ZA ZA Visitor Accommodations Bed and Breakfast Inns - - L-4 - Accessory Uses P/U P/U P/U P/U (A)(G)(H)(I)(L)(M) Temporary Uses (J)(M) Commercial Filming, Limi ed P P P P Real Estate Sales P P P P (N) Personal Property Sales P P P P Street Fairs TU TU TU TU Nonconforming Uses (K)(L) ord/04zoning/chap 210/4/2/04 3 RL,.RM, RMH,RH, and RMP Districts: Additional Provisions L-1 A conditional use permit from the Planning Commission is required and only allowed on lots 1.0 acre (gross acreage) or greater fronting an arterial in RL District. L-2 Public facilities permitted, but a conditional use permit from the Zoning Administrator is required for private noncommercial facilities, including swim clubs and tennis clubs. L-3 A conditional use permit from the Planning Commission is required, and only schools operating in conjunction with religious services are permitted as an accessory use. A General Day Care facility may be allowed as a secondary use, subject to a conditional use permit, if the Planning Commission finds that it would be compatible with adjacent areas and not cause significant traffic impacts. See Section 230.06: Religious Assembly Yard Requirements. L-4 A conditional use permit from the Planning Commission is required and only allowed on lots 10,000 sq. ft. or greater in RMH-A subdistrict. See also Section 230.42: Bed and Breakfast Inns. L-5 Only wireless communication facilities permitted subject to section 230.96 Wireless Communication Facilities. (A) Any addition or modification subsequent to the original construction that would result in an increase in the amount of building area, or a structural or architectural alteration to the building exterior, shall require an amendment to the previousely approved conditional use permit, if any, or approval of a new conditional use permit. (B) See Section 210.08 for affordable housing. In addition, See Sections 2 10.10 and 230.14 or for density bonus See Section 230.14. (C) A conditional use permit from the Zoning Administrator is required for any multiple family residential development that: (1) abuts an arterial highway; (2) includes a dwelling unit more than 150 feet from a public street; or (3) includes buildings exceeding 25 feet in height. (D) See Section 210.12: Planned Unit Development Supplemental Standards. In addition, a conditional use permit is required for condominium conversion pursuant to Chapter 235. (E) See Section 210.14: RMP District Supplemental Standards. In addition,Neighborhood Notification pursuant to Chapter 241 is required for the addition of manufactured home space(s) to an existing Manufactured Home Park. (F) See Section 230.16: Manufactured Homes. (G) See Section 230.12: Home Occupation in R Districts. (H) See Section 230.08: Accessory Structures. (1) See Section 230.10: Accessory Dwelling Units. ord/04zoning/chap 210/4/2/04 4 RL,RM, RMH,RH,and RMP Districts: Additional Provisions (J) See Section 241.20: Temporary Use Permits. (K) See Chapter 236: Nonconforming Uses and Structures. (L) See Chapter 233: Signs. (M) Tents, trailers,vehicles, or temporary structures shall not b sed for dwelling purposes. (N) See Section 230.18: Subdivision Sales Offices and Mo 1 Homes. (0) Limited to facilities on sites of fewer than 2 acres. (P) See Section 230.22: Residential Infill Lot Develo ents. (Q) See Section 230.20: Payment of Parkland Dedi tion In-Lieu Fee. (R) Small lot development standards for RM, , and RH Districts. A conditional use permit from the Zoning Adminstrator is required f small lot residential subdivisions with less than 10 units, or from the Planning Commissio for small lot residential subdivisions with 10 or more units, including condominium map for detached single family dwellings. See also Section 230.24: Small Lot Developme Standards. (S) Neighborhood notification requireme is pursuant to Chapter 241 shall apply. 210.06 RL, RM, RMH, RH, an RMP Districts: Property Development Standards The following schedule prescribes de elopment standards for residential zoning districts and subdistricts designated on the zonin map. The columns establish basic requirements for permitted and conditional uses; letters in pare theses in the "Additional Provisions" column refer to "Additional Development Standards" followin the schedule. In calculating the number of unit permitted on the site, density is calculated on the basis of net site area. Fractional numbers shall e rounded down to the nearest whole number except that one dwelling unit may be allowed on a legal created lot complying with minimum lot area. All required setbacks shall be measured from ultim e right-of-way and in accordance with the definitions set forth in Chapter 203, Definitions. Any new parcel created pur uant to Title 25, Subdivisions, shall comply with the minimum building site requirements of the di rict in which the parcel is located unless approved as a part of a Planned Unit Development. ord/04zoning/chap 210/4/2/04 5 Property Development Standards for Residential Districts. RL RM RMH-A RMH RH RMP Additional Subdistrict Provisions Minimum Building Site 6,000 6,000 2,500 6,000 6,000 10 ac. (A)(B)(C) Width (ft.) 60 60 25 60 60 N/A Cul de sac frontage 45 45 - 45 45 N/A Minimum Setbacks (D)(R) Front(ft.) 15 15 12 10 10 10 (E)(F) Side (ft.) 3;5 3;5 3;5 3;5 3;5 - (G)(I)(J) Street Side (ft.) 6;10 6;10 5 6;10 6;10 10 (H) Rear(ft.) 10 10 7.5 10 10 - (1)(J) Accessory Structure (U) Garage (K) Projections into Setbacks (L)(R) Maximum Height (ft.) Dwellings 35 35 35 35 35 20 (M) Accessory Structures 15 15 15 15 15 15 (M)(R) Maximum Floor Area - - 1.0 - - - Ratio(FAR) Minimum Lot Area per Dwelling Unit (sq. ft.) 6,000 2,904 * 1,742 1,244 - Maximum Lot Coverage (%) 50 50 50 50 50 75 (V) Minimum Floor Area (N) Minimum Usable Open Space (0) Courts (P) Accessibility within Dwellings (Q) Waterfront Lots (R) Landscaping See Chapter 232 (S) Fences and Walls See Section 230.88 Lighting (T) Underground Utilities See Chapter 17.64 Screening of Mechanical Equipment See Section 230.76 Refuse Storage Areas See Section 230.78 Antenna See Section 230.80 Performance Standards See Section 230.82 Off-Street Parking and Loading See Chapter 231 Signs See Chapter 233 Nonconforming Structures See Chapter 236 Accessory Structures See Section 230.08 * Lots 50 feet or less in width = 1 unit per 25 feet of frontage Lots greater than 50 feet in width = 1 unit per 1,900 square feet N/A =Not applicable ord/04zoning/chap 210/4/2/04 6 r RL, RM, RMH, RH, and RMP Districts: Additional Development Standards % (A) See Section 230.62: Building Site Required and Section 230.64: Develop ent on Substandard Lots. (B) See Section 230.66: Development on Lots Divided by District Bou aries. (C) The minimum lot area shall be 12,000 square feet for General y Care, General Residential .Care, and Public or Private Schools, except minimum lot area or General Day Care in the RL district shall be one (1) gross acre. (D) Building Separation. The minimum spacing between bu' dings including manufactured home units shall be 10 feet. (E) Variable Front Setback for Multi-family Projects. P jects with more than 4 units in the RM District, more than 8.units in the RMH District, or ore than 14 units in the RH District shall provide a minimum setback of 15 feet from any p lic right-of-way. Minimum 50% of the garages shall be set back 20 feet from the front p operty line. (See Section 210.12B.) (F) U er-sto Setbacks for Multi-family Struct es. The covered portion of all stories above the second story in any multi-family structures Il be set back an average of 10 feet from the second floor front facade(see Exhibit). f l y / I average 10' setback r` 1 � i' ® D QD D � Q QO 0 � 0 � 0 � 210-UPSS.PCX UPPER STORY SETBACK ord/04zoning/chap 210/4/2/04 7 1 RL, RM,RMH,RH, and.RMP Districts: Additional Development'Standards. (G) Interior Side Setback (1) In the RL, RM, RMH, including RMH-A subdistrict, and RH Districts, interior side setbacks shall be minimum 10%of lot width,but not less than 3 feet and need not exceed 5 feet, except as stated below. (2) For projects in the RM, RMH, including RMH-A subdistrict, and RH Districts adjoining an RL District, interior side setbacks shall be at least: (a) 10 feet for units in single-story or two-story buildings. (b) 14 feet for units above two stories. Subject to approval of a conditional use permit, the Zoning Administrator may approve upper-story setbacks in lieu of an increased side setback if the second and third stories are set back the required distance. (H) Street Side Setbacks (1) In the RL, RM, RMH (excluding RMH-A subdistrict), and RH districts, the street side yard shall be 20 percent of the lot width, minimum 6 feet and need not exceed 10 feet. (2) In the RMH-A subdistrict, street side setback shall be minimum 5 feet. (3410-3i99) (3) For projects with 10 or more multi-family units (including RMH-A subdistrict), the street side setback shall be the same as the front setback. (1) Building Walls Exceeding 25 Feet in Height. The required interior side or rear setback adjoining a building wall exceeding 25 feet in height, excluding any portion of a roof, and located on a lot 45 feet wide or greater, shall be increased three feet over the basic requirement. (J) Zero Side or Rear Setback. (1) A zero interior side setback may be permitted provided that the opposite side setback on the same lot is minimum 20% of the lot width, not less than 5 feet, and need not exceed 10 feet, and shall be subject to the requirements listed in subsection (3) below. (2) A zero rear setback may be permitted provided that the opposite rear setback for the adjacent lot is either zero or a minimum of 10 feet, and subject to the requirements listed in subsection (3) below. ord/04zoning/chap 210/4/2/04 8 RL, RM, RMH, RH, and RMP Districts: Additional Development Standa s (3) A zero side or rear setback may be permitted subject to the followi requirements: (a) The lot adjacent to the zero side or rear setback shall either a held under the same ownership at the time of application or a deed restriction agreement approved as to form by the City Attorney shall be recorded giving writt consent of the adjacent property owner. (b) A maintenance easement, approved as to form by t City Attorney, shall be recorded between the property owner and the owner of the jacent lot to which access is required in order to maintain and repair a zero to ine structure. Such easement shall be an irrevocable covenant running with the 1 No building permits shall be issued until such recorded maintenance easement ha een submitted. (c) Separation between the proposed structure nd any structure on an adjacent lot shall either be zero or a minimum of 5 feet. (d) No portion of the dwelling or any archi ectural features shall project over the property line. (e) The zero setback shall n/bpennitted t to a public or private right-of--way. (f) Exposure protection betres shall be provided as specified by the Fire Department and Buildin (4) Double zero side setbacks mitted for planned unit development projects subject to approval of a conditional and compliance with Section 210.12 B. (K) Garage Setbacks. Setbacks for thelling shall apply, except as specifically stated below: (1) Front entry garage - 20 feet (2) Side entry garage - 10 fe (3) Garage with alley acces - 5 feet For garages with rear vehi Jar access from an alley and located on a lot 27 feet wide or less, the side setback adjacent a street or another alley may be reduced to 3 feet. A minimum 25 foot to ing radius is required from the garage to the opposite side of the street, alley, drive aisle or dri eway. (Rest of page not used) ord/04zoning/chap 210/4/2/04 9 RL, RM, RMH, RH, and RMP Districts: Additional Development Standards _.._.._.._.._.._.._.._.._.._.... ATTACHED FRONT ENTRY GARAGE i i Property.line i i i i Minimum 20' from garage to property line Street Sidewalk i ATTACHED SIDE i ENTRY GARAGE i Property Line X i Minimum 10' from i garage to property line Min 25' i Street •_ Sidewalk Radius Property line Alley — Minimum 25' from garage to property line on the other side of the existing alley i Minimum 5' from garage to property line i i i i Property line i GARAGE WITH ENTRY FROM REAR ALLEY L_ I Sidewalk Street ord/04zoning/chap 210/4/2/04 10 RL,RM,RMH,RH, and RMP Districts: Additional Development Standards i, (L) Projections into Setbacks. (1) See Section 230.68: Building Projections into Yards. (2) Balconies and bay windows may project into required setbacks d usable open space areas subject to Section 230.68, provided that balconies have en railings, glass, or architectural details with openings to reduce visible bulk. B conies composed solely of solid enclosures are not allowed to project into required se acks. (M) Height Requirements. See Section 230.70 Measurement of eight, and Section 230.72 Exceptions to Height Limits. (1) Single Family Dwellings in all residential districts, xcept lots in the RMH-A subdistrict with less than 50 feet of frontage shall comply wit the following standards: (a) Second story top plate height shall not exce d twenty-five (25) feet measured from the top of the subfloor/slab directly below. (b) Roofs shall have a minimum 5/12 pitch ' building height exceeds thirty(30) feet. (c) Maximum building height for Main ellings shall be thirty-five (35) feet; however, Main Dwellings exceeding thirty(30 feet in height shall require approval of a Conditional Use Permit by the Zon' g Administrator. (3268-12/94) (d) Habitable area, which includes r flop decks and balconies, above the second story top plate line shall be permitted ith Neighborhood Notification pursuant to Chapter 241. Habitable area above the econd story plate line shall be within the confines of the roof volume, with the foll wing exceptions: (1) Dormers, decks and oth r architectural features may be permitted as vertical projections above the r of volume provided the projections are set back five (5) feet from the building xterior and do not exceed the height limits as stated above. (2) Windows and deck reas above the second story plate line shall orient toward public rights-of-wa only. (Rest of page not used) ord/04zoning/chap 210/4/2/04 11 Dormers,decks and other architectural features must Habitable Areas are: be setback 5' from • confined within the building exterior roof volume • accessed from within the main dwelling • subject to conditional 5' use permit approval HABITABLE AREA ABOVE SECOND STORY TOP-PLATE LINE FOR SINGLE FAMILY DWELLINGS IN ALL RESIDENTIAL DISTRICTS EXCEPT RMH-A SUBDISTRICT (e) Access to any habitable area above the second story top plate line shall be provided within the Main Dwelling and shall be consistent with internal circulation. Exterior stairways between the ground floor and a habitable area above the second story plate line shall be prohibited. Two vertical cross-sections through the property(front-to-back and side-to-side)that show the relationship of each level in a new structure and new levels added to an existing structure to both existing and finished grade on the property and adjacent land within 5 feet of the property line shall be submitted in order to determine compliance with this subsection. (2) Single Family Dwellings in the RMH-A subdistrict on lots with less than 50 feet of frontage shall comply with the following standards: (a) Second story top plate height shall not exceed twenty-five (25) feet measured from the top of the subfloor/slab directly below. (b) Roofs shall have a minimum 5/12 pitch if building height exceeds thirty(30) feet. (c) In the front and rear 25 feet of the lot, maximum building height for all structures, including railings and architectural features, shall be 25 feet. Otherwise, maximum building height shall be 35 feet. ord/04zoning/chap 210/4/2/04 12 Front Property Line \ I /;ax- 25' maximum height in the front and rear 25' of 25 the lot 25 Street Rear 25' 25' Property Line MAXIMUM BUILDING HEIGHT FOR SINGLE AMILY DWELLINGS ON LOTS LESS THAN 50 FEET WIDE IN H-A SUBDISTRICT (d) Access to any habitable area above the sec d story top plate line shall be provided within the Main Dwelling and shall be co sistent with internal circulation. Exterior stairways between the ground floor and habitable area above the second story plate line shall be prohibited. Two vertical cross-sections through e property(front-to-back and side-to-side)that show the relationship of each level � anew structure and new levels added to an existing structure to both existing nd finished grade on the property and adjacent land within 5 feet of the property line all be submitted in order to determine compliance with this subsection. (3) Accessory Structures: See Sectio 230.08: Accessory Structures. Accessory structures located on projecting decks abu ng a waterway shall comply with the height established in subsection (R). (4) Recreation Buildings: The ximum height of a recreation building for multi-family, planned residential, and mo ile home park projects shall be established by the conditional use permit. (N) Minimum Floor Area. Each elling unit in a multi-family building and attached single family dwellings shall have t e following minimum floor area. Unit Type Minimum Area (Square Feet) Studio 500 one bedroo 650 two bedroo s 900 three bedr ms 1,100 four bedr ms 1,300 All detached single f mily dwellings shall have a minimum 1,000 square feet of floor area not including the garag and shall be a minimum of 17 feet in width. ord/04zoning/chap 210/4/2/04 13 RL, RM,RMH, RH, and RMP.Districts: Additional Development Standards (0) Open Space Requirements. (1) The minimum open space area (private and common) for multi-family residential projects in RM, RMH, including RMH-A subdistrict,.and RH Districts shall be 25%of the residential floor area per unit (excluding garages). (2) Private Open Space. (a) Private open space shall be provided in courts or balconies within which a horizontal rectangle has no dimension less than 10 feet for courts and 6 feet for balconies. A minimum patio area of 70 square feet shall be provided within the court. (b) The following minimum area shall be provided: Unit Type Minimum Area (Sq.Ft.) Units Above Ground Floor Units Ground Floor Studio/1 bedroom 200 60 2 bedrooms 250 120 3 bedrooms 300 120 4 or more bedrooms 400 120 (c) Private open space shall be contiguous to the unit and for the exclusive use of the occupants. Private open space shall not be accessible to any dwelling unit except the unit it serves and shall be physically separated from common areas by a wall or hedge exceeding 42 inches in height. (d) A maximum of 50% of the private open space requirement;may be on open decks above the second story subject to approval of a conditional use permit by the Zoning Administrator, provided that no portion of such deck exceeds the height limit. (e) Patio and balcony enclosures within existing planned developments or apartment complexes shall be subject to the following conditions: 1. A maximum of one enclosure per unit shall be allowed. 2. The existing balcony or patio area shall not be enlarged. 3. The balcony or patio enclosure shall comply with the current setback and height requirements for the district in which the site is located. 4. The enclosure shall consist entirely of transparent materials, i.e., no solid walls or opaque walls, except an existing solid roof may be part of the enclosure. 5. No structural change shall occur to the interface wall and doorway between the enclosure and the adjacent inside room of the building, unless the balcony/patio is replaced with equivalent unenclosed area for use as private open space. 6. The enclosed area shall be considered as private open space and may be counted toward current private open space requirements. 7. Required egress for fire escape routes shall be maintained. ord/04zoning/chap 210/4/2/04 14 1 1 RL, RM, RMH,RH, and RMP Districts: Additional Development Standards (3) Common Open Space. (a) Common open space, provided by interior side yards,patios, and terrace , shall be designed so that a horizontal rectangle has no dimension less than 10 feet, shall a open to the sky, and shall not include driveways, parking areas, or area required for f nt or street side yards. (b) Projects with more than 20 units shall include at least one ameni , such as a clubhouse, swimming pool, tennis court, volleyball court, outdoor cookin acility, or other recreation facility. (4) The Director may allow a reduction in the open space requirem t to 10%of the livable area per unit for projects with less than 10 units and located within wal ng distance of 1,000 feet of a public park or beach. (P) Courts Opposite Windows in RM RMH and RH District (excluding the RMH-A sub-district). Courts shall be provided in all multi-family projects in t RM, RMH, and RH Districts subject to the following requirements: (1) Courts Opposite Walls on the Same Site: T e minimum depth of a court shall be one-half the height of the opposite wall but not les than 20 feet opposite a living room and 14 feet opposite a required window for any othe habitable room (see diagrams below). (2) Courts Opposite Interior Property Lin : The minimum distance between a required window of a habitable room and a p perty line shall be 10 feet. (3) Court Dimensions: Courts shall minimum 20 feet wide (minimum 10 feet on either side of the centerline of the requ' ed window) and shall be open to the sky. Eaves may project a maximum 2 feet into court. / ord/04zoning/chap 210/4/2/04 15 RL,RM, RMH, RH, and RMP Districts: Additional Development Standards Section A I Section B I Section C Living room ' window ' 1 I I 1/2 Hcight of 20 ft. I 14 ft. Opposit wall Not less than 10 ft.i Living room window I Living room I window I t -T h Living room Livi Living room window wind window h/2 —► 20 ft. Section A Section B Other room Other room window window 14 ft. Section C 210-CRT.CDR COURTS OPPOSITE WINDOWS ord/04zoning/chap 210/4/2/04 16 RL, RM,RMH,RH, and RMP Districts: Additional Development Standards (Q) All habitable rooms in a dwelling unit must be accessible from within the dwel ' g. (R) Waterfront Lots. Projecting decks, windscreens, fencing,patio covers and olariums on waterfront lots may be permitted subject to the development standards s forth in this Chapter, Chapter 245, Chapter 17.24, and the following requirements: (1) Projecting Decks. Decks on waterfront lots may project 5 fee yond the bulkhead provided the.decks comply with the side setbacks required f r the main dwelling. (2) Windscreens. Windscreens may be permitted if constru ed of light-weight materials such as plastic, canvas, fiberglass, tempered glass or metal, cept for necessary bracing and framing. The maximum height for windscreens shal e 7 feet above the finished surface of the deck at the bulkhead line. (3) Fencing. All portions of fencing within the requ' ed rear setback area shall comply with Chapter 230.88 and the visibility provisions be w. (4) Solariums. Solariums (patio enclosures) in project a maximum of 30 inches over the bulkhead. In all cases, the solarium shall aintain a 45 degree (45°) visibility angle as measured from the main dwelling buildi g line extended to the side property line. The maximum height shall not exceed the t of the first floor ceiling joist. (5) Patio Covers. Patio covers (including'eaves) may be permitted to project 5 feet into the rear yard setback, however, construolon materials shall allow compliance with visibility provisions below. // (6) Visibility. The portion of any ndscreen, fence or patio cover in the rear yard setback or solarium above 36 inches in h ght shall be composed of materials and design which allow a minimum of 85% tra smission of light and visibility through the structure in each direction when viewed fro any angle. (7) Removal. Decks, solariu s and windscreens projecting over waterways which do not comply with the above p ovisions may be removed by the city upon 30-days' written notice. Such projectio are declared to be a privilege which can be revoked for noncompliance and no a vested right. (Rest of page not used) ord/04zoning/chap 210/4/2/04 17 RL,RM, RMH, RH, and RMP Districts: Additional Development Standards Bulkhead Solarium Projecting deck 2 1/2' Max. S 4 • 45 5 ° 1 • • 5' • min. house 5 1 min. . I • Property line o,n-i an inn WATERFRONT LOT PROJECTIONS (S) Landscaping (1) A minimum 40% of the front yard shall be landscaped. For single family residences in the RMH-A subdistrict, a minimum 3 foot wide landscape planter along the front property line (excluding max. 5 ft. wide walkway) may be provided in lieu of the 40% requirement. A maximum 18 inch high planter wall may be constructed along the front property line. (2) All required trees specified in Chapter 232 shall be provided. (3410-3/99) (3) All subdivisions shall provide a minimum 5 foot wide landscaped area along arterial street/highway property lines. The actual required width shall be determined during the planning process. Maintenance of said landscaped area shall be by a homeowners association, property owner or other method approved by the City of Huntington Beach. ord/04zoning/chap 210/4/2/04 18 I . RL,RM, RMH, RH, and RMP Districts: Additional Development Standards (T) Li htin . A lighting system shall be provided in all multi-family projects alon all vehicular access ways and major walkways. Lighting shall be directed onto the drive w ys and walkways within the development and away from adjacent properties. A lighting pl shall be submitted for approval by the Director. (U) See Section 230.08: Accessory Structures (V) Solid patio covers open on at least 2 sides may be permitted an a itional 5% site coverage. Open lattice patio covers are exempted from site coverage stan rds. 210.08 Development Standards for Senior Projects This section establishes development standards for Senior Resi ntial Projects that may be permitted in accordance with Section 210.04, Multi-family Residential. A. Minimum Floor Area. Each dwelling unit sha have a minimum floor area of 450 square feet. B. Minimum Setbacks. The project shall co ply with the minimum setback requirements of the district applicable to the site. C. Minimum Distance between Buildin . Minimum building separation shall be 10 feet. D. Building Design. No structure sh exceed 180 feet in length. To provide variation in building facades, two of the foll ing architectural elements are required as part of each building: sloped roofs; bay wi ows; awnings; roof eaves; cornices; balconies; or patios. E. Open Space Requirements. 1. Private Open Space: minimum of 60 square feet of private open space for studios or one bedroom uni and 120 square feet for two or more bedrooms, with minimum dimensions of 6 fe . 2. Common Oven ace: A minimum of 2,500 square feet for the first 50 units, and an additional 50 uare feet for each unit over 50. 3. Communit lub House: An enclosed community or clubhouse facility containing /Elevatos. um square feet per unit, and a total area of minimum 400 square feet, may u to 50% of the common open space requirement. The clubhouse shall andicapped bathrooms and kitchen facilities to be used by project residents it guests only. F. Buildings with more than 2 levels, including living areas or parking, shall have G. arking shall comply with Chapter 231. Any parking space over and above the per unit shall be marked for guest use. ord/04zoningkhap 210/4/2/04 19 RL, RM,RMH,RH, and RMP Districts: Additional Development Standards 210.10 Modifications for Affordable Housing The Planning Commission and Zoning Administrator may approve a conditional use permit modifying the minimum property development standards in this chapter for affordable housing, as provided in Section 230.14. The proposed modifications shall be requested in writing by the applicant, accompanied by a detailed pro-forma, rental guidelines, deed restrictions, financial subsidies, and other types of documentation which will serve to demonstrate the need for a reduction of development standards. Modifications to the standards may include, but are not limited to, the parking requirements and open space. The specific standard(s) from which the applicant is requesting relief shall be identified and alternative development standard(s) proposed. 210.12 Planned Unit Development Supplemental Standards and Provisions This section establishes supplemental development standards and provisions that shall apply to all planned unit developments. A. Mans. A tentative and final or parcel map shall be approved pursuant to Title 25, Subdivisions. B. Project Design. 1. Driveway parking for a minimum of fifty percent of the units shall be provided when units are attached side by side. 2. A maximum of six units may be attached side by side and an offset on the front of the building a minimum of four(4) feet for every two units shall be provided. 3. A minimum of one-third of the roof area within a multi-story, multi-unit building shall be one story less in height than the,remaining portion of the structure's roof area. C. Common Areas. Every owner of a lot or dwelling unit shall own as an appurtenance to such unit or lot either an undivided interest in the common areas and facilities or a share in the corporation, community association, or limited partnership owning the common areas and facilities. D. Covenants. The developer shall submit a covenant setting forth a plan or manner of permanent care and maintenance of all common areas and communal facilities. Such covenant shall be included in the Covenant, Conditions, and Restrictions (CC&R's) applying to the property and shall be approved by the City Attorney and Director. The CC&R's shall be approved prior to final or parcel map approval and when approved, shall be recorded in the office of the Orange County Recorder. E. Maintenance. The corporation, community association, or limited partnership shall have the responsibility of maintaining the common areas and facilities as shown on the final development plans, the buildings and use of property for planned unit development. ord/04zoning/chap 210/4/2/04 20 .RL,RM,RMH, RH, and RMP Districts: Additional Development Standards F. Sale of Lots. No dwelling unit or lot shall be sold or encumbered sep tely from an interest in the common.areas and facilities in the development whic all be appurtenant to such dwelling unit or lot. No lot shall be sold or tr sferred in ownership from the other lots in the total development or approved phase o e development unless all approved community buildings, structures and recreational acilities for the total development, or approved phase thereof, have been complet d,or completion is assured, by bonding or other method satisfactory to the City. G. Management Agreement. No lot or dwelling unit in t e development shall be sold unless a corporation, community association, or lim' ed partnership has been formed with the right to assess all those properties which e jointly owned with interests in the common areas and facilities in the development meet the expenses of such entity, and with authority to control, and the duty to main in, all of said mutually available features of the development. Said entity shall operate rider recorded CC&R's which shall include compulsory membership of all own rs of lots and/or dwelling units, and flexibility of assessments to meet changin costs of maintenance, repairs and services. The developer shall submit evidence of mpliance with this requirement to and receive approval of the City prior to making a such sale. This condition shall not apply to land dedicated to the City for public rposes. 210.14 RMP District Supplemental De v lopment Standards This section establishes supplemental standar for the development of manufactured home parks. A. Individual space setbacks for in nufactured homes and accessory structures shall be landscaped and are as follows: Front mini um 5 feet Side 10 eet aggregate, minimum 3 feet on any side Rear m' imum 5 feet B. Each space shall be pr vided with a minimum 150 cubic feet of enclosed, usable storage space. C. The undercarriage f all manufactured homes shall be screened from view on all sides. D. A six foot high ncrete or masonry wall shall be provided along all interior property lines of the manufac red home park. In addition, a 20 foot wide landscaped berm or a 10 foot wide landscap d area and a 6 foot high wall shall be located at the minimum front setback line. E. A boat or t Her storage area shall be provided and screened from view by a 6 foot high fence or 11. F. Maxim site coverage for each individual manufactured home space shall be 75%. G. Proje s in the RMP district shall provide a minimum common open space area of 200 squar feet per manufactured home space. (3410-3/99) ord/04zoning/chap 210/4/2/04 21 210.16 Review of Plans All applications for new construction and exterior alterations and additions shall be submitted to the Planning Department for review. Discretionary review shall be required as follows: 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. 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 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 day of 12004. Mayor ATTEST: APPROVED AS TO FORM: City Clerk f4"ity ttorney1�1 � REVIEWED AND APPROVED: INITI ED AND APPROVED: ( a2 LP-41 City Administrator Director of Planning ord/04zoning/chap 210/4/5/04 22 March 16, 2004 LEGISLATIVE DRAFT Chapter 210 Residential Districts (3268-12/94,3334-6/97,3410-3/99,3455-5/00,3568-9/02) Sections: 210.02 Residential Districts Established 210.04 RL, RM, RMH, RH, and RMP Districts: Land Use Controls 210.06 RL, RM, RMH, RH, and RMP Districts: Property Development Standards 210.08 Development Standards for Senior Projects 210.10 Modifications for Affordable Housing 210.12 Planned Unit Development Supplemental Standards and Provisions 210.14 RMP District Supplemental Development Standards 210.16 Review of Plans 210.02 Residential Districts Established The purpose of the residential districts is to implement the General Plan and Local Coastal Program Land Use Plan residential land use designations. Five (5) residential zoning districts are established by this chapter as follows: (3334-6/97) A. The RL Low Density Residential District provides opportunities for single-family residential land use in neighborhoods, subject to appropriate standards. Cluster development is allowed. Maximum density is seven (7) units per acre. B. The RM Medium Density Residential District provides opportunities for housing of a more intense nature than single-family detached dwelling units, including duplexes, triplexes, town houses, apartments, multi-dwelling structures, or cluster housing with landscaped open space for residents'use. Single-family homes, such as patio homes, may also be suitable. Maximum density is fifteen (15) units per acre. C. The RMH Medium High Density Residential District provides opportunities for a more intensive form of development than is permitted under the medium density designation while setting an upper limit on density that is lower than the most intense and concentrated development permitted in the City. One subdistrict has been identified with unique characteristics where separate development standards shall apply: RMH-A Small Lot. Maximum density is twenty-five (25) units per acre. D. The RH Hi.Qh Density Residential District provides opportunities for the most intensive form of residential development allowed in the City, including apartments in garden type complexes and high rise where scenic and view potential exists, subject to appropriate standards and locational requirements. Maximum density is thirty-five (35) units per acre. E. The RMP Residential Manufactured Home Park District provides sites for mobile home or manufactured home parks, including parks with rental spaces and parks where spaces are individually owned. Maximum density is nine (9) spaces per acre. Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-1 9/02 March 16, 2004 21.0.04 RL, RM, RMH, RH, and RMP Districts: Land Use Controls In the following schedules, letter designations are used as follows: "P" designates use classifications permitted in residential districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" that follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. "TU" designates use classifications allowed upon approval of a temporary use permit by the Zoning Administrator. (3334-6/97,3410-3/99) "P/U" designates that accessory uses are permitted, however, accessory uses are subject to approval of a conditional use permit if the primary use requires a conditional use permit. (3334- 6/97,3410-3/99) Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the zoning ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-2 3/99 Larch 16, 2004 RL, RM, RMH, RR, and P= Permitted RMP DISTRICTS: L= Limited (see Additional Provisions) (3334-6/97) LAND USE CONTROLS PC= Conditional use permit approved by Planning Commission ZA= Conditional use permit approved by Zoning Administrator TU= Temporary Use Permit P/U= Requires conditional use permit on site of conditional use -= Not Permitted RL RM RMH RMP Additional RH Provisions Residential Uses (A)(M)(Q) (3334-6/97,3410-3/99) Day Care, Ltd. P P P P Group Residential - - PC - Multi-family Residential (B)(C)(D)(R) (3410-3/99,3455-5/00) 2 - 4 units ZA P P - (3334-6/97,3410-3/99) 5 - 9 units ZA ZA ZA - (3334-6/91,3410-3/99) 10 or more units PC PC PC - (3334-6/97,3410-3/99) Manufactured Home Parks ZA ZA - ZA (E)(F) Residential, Alcohol Recovery, P P P P Ltd. Residential Care, Limited P P P P Single-Family Residential P P P P (B)(D)(F)(P)(R) (3334-6/97,3410-3/99, 3455-5/00) Public and Semipublic (A)(0) (3334-6/97,3410-3/99) Clubs & Lodges PC PC ZA ZA (3334-6/97,3410-3/99) Day Care, Large-family ZA P Z-A P ZA P ZA P S) (3334-6/97) Day Care, General LI -AA P ZA P ZA P �S) (3334-6/97,3410-3/99) Park & Recreation Facilities L-2 L-2 L-2 L-2 (3334-6/97,3410-3/99) Public Safety Facilities PC PC PC PC Religious Assembly L-3 PC PC PC (3334-6/97,3410-3/99) Residential Care, General - L-1 PC PC (3334-6/97,3410-3/99) Schools, Public or Private PC PC PC PC Utilities, Major PC PC PC PC Utilities, Minor P P P P Commercial Communication Facilities L-5 L-5 L-5 L-5 (3568-9/02) Horticulture ZA ZA ZA ZA (3410-3/99) Nurseries ZA ZA ZA ZA (3410-3/99) Visitor Accommodations Bed and Breakfast Inns - - L-4 - (3334-6/97,3410-3/99) Accessory Uses P/U P/U P/U P/U (A)(G)(H)(I)(L)(M) (3334-6/97,3410-3/99) Temporary Uses (J)(M) (3334-6/97,3410-3/99) Commercial Filming, Limited P P P P Real Estate Sales TUP 444P TuP P (N) (3334-6/97,3410-3/99) Personal Property Sales P P P P Street Fairs TU TU TU TU Nonconforming Uses (K)(L) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-3 9/02 March 16, 2004 RL, RM, RMH, RH, and RMP Districts: Additional Provisions L-1 A conditional use permit from the Planning Commission is required and only allowed on lots 1.0 acre (gross acreage) or greater fronting an arterial in RL District. (3410-3/99) L-2 Public facilities permitted, but a conditional use permit from the Zoning Administrator is required for private noncommercial facilities, including swim clubs and tennis clubs. (3334-6/97, 3410-3/99) L-3 A conditional use permit from the Planning Commission is required, and only schools operating in conjunction with religious services are permitted as an accessory use. A General Day Care facility may be allowed as a secondary use, subject to a conditional use permit, if the Planning Commission finds that it would be compatible with adjacent areas and not cause significant traffic impacts. See Section 230.06: Religious Assembly Yard Requirements. (3334-6/97,3410-3/99) L-4 A conditional use permit from the Planning Commission is required and only allowed on lots 10,000 sq. ft. or greater in RMH-A subdistrict. See also Section 230.42: Bed and Breakfast Inns. (3334-6/97,3410-3/99) L-5 Only wireless communication facilities permitted subject to section 230.96 Wireless Communication Facilities. (3568-9/02) (A) Any addition or modification subsequent to the original construction that would result in an increase in the amount of building area, or a structural or architectural alteration to the building exterior, shall require an amendment to the previousely approved conditional use permit, if any, or approval of a new conditional use permit. (3334-6/97,3410-3/99) (B) See Section 210.08)-, for affordable housing. in-addition, (See Sections 2 10.10 and 230.14},-or for density bonus(See Section 230.144. (C) A conditional use permit from the Zoning Administrator is required for any multiple family residential development that: (1) abuts an arterial highway; (2) includes a dwelling unit more than 150 feet from a public street; or (3) includes buildings exceeding 25 feet in height. (3334-6/97,3410-3/99) (D) See Section 210.12: Planned Unit Development Supplemental Standards. In addition, a conditional use permit is required for condominium conversion pursuant to Chapter 235. (E) See Section 210.14: RMP District Supplemental Standards. In addition, a e0fidit oral ppr-mit ZAnino ^a,,,;r;�*r�*., Neighborhood Notification pursuant to Chapter 241 is required for the addition of manufactured home space(s) to an existing Manufactured Home Park. (3334-6/97,3410-3/99) (F) See Section 230.16: Manufactured Homes. (G) See Section 230.12: Home Occupation in R Districts. (H) See Section 230.08: Accessory Structures. (I) See Section 230.10: Accessory Dwelling Units. Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-4 9/02 March 16, 2004 RL, RM, RMH, RH, and RMP Districts: Additional Provisions (J) See Section 241.20: Temporary Use Permits. (K) See Chapter 236: Nonconforming Uses and Structures. (L) See Chapter 233: Signs. (M) Tents, trailers, vehicles, or temporary structures shall not be used for dwelling purposes. (3334- 6/97, 3410-3/99) (N) See Section 230.18: Subdivision Sales Offices and Model Homes. (3334-6/97,3410-3/99) (0) Limited to facilities on sites of fewer than 2 acres. (3334-6/97,3410-3/99) (P) See Section 230.22: Residential Infill Lot Developments. (3334-6/97,3410-3/99) (Q) See Section 230.20: Payment of Parkland Dedication In-Lieu Fee. (3410-3/99) (R) Small lot development standards for RM, RMH, and RH Districts. A conditional use permit from the Zoning Adminstrator is required for small lot residential subdivisions with less than 10 units, or from the Planning Commission is r-€quir-ed for small lot residential subdivisions with 10 or more units, including condominium maps for detached single family dwellings. See also Section 230.24: Small Lot Development Standards. (3455-5/00) (S) Neighborhood notification requirements pursuant to Chapter 241 shall apply. 210.06 RL, RM, RMH, RH, and RMP Districts: Property Development Standards The following schedule prescribes development standards for residential zoning districts and subdistricts designated on the zoning map. The columns establish basic requirements for permitted and conditional uses; letters in parentheses in the "Additional Provisions" column refer to "Additional Development Standards" following the schedule. In calculating the number of units permitted on the site, density is calculated on the basis of net site area. Fractional numbers shall be rounded down to the nearest whole number except that one dwelling unit may be allowed on a legally created lot complying with minimum lot area. All required setbacks shall be measured from ultimate right-of-way and in accordance with the definitions set forth in Chapter 203, Definitions. Any new parcel created pursuant to Title 25, Subdivisions, shall comply with the minimum building site requirements of the district in which the parcel is located unless approved as a part of a Planned Unit Development. Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-5 5/00 March 16, 2004 Property Development Standards for Residential Districts RL RM RMH-A RMH RH RMP Additional Subdistrict Provisions Minimum Building Site 6,000 6,000 2,500 6,000 6,000 10 ac. (A)(B)(C) Width (ft.) 60 60 25 60 60 N/A (3334-6/97,3410-3199) Cul de sac frontage 45 45 - 45 45 N/A (3334E197,3410-3/99) Minimum Setbacks (D)(R) (3334E/97,3410-3/99) Front(ft.) 15 15 12 10 10 10 (E)(F) (3334-6/97,3410-3199) Side (ft.) 3;5 3;5 3;5 3;5 3;5 - (G)(I)(J) (3334-6W,3410-3/99) Street Side (ft.) 6;10 6;10 5 6;10 6;10 10 (H) (3334-6/97,3410-3199) Rear(ft.) 10 1.0 7.5 10 10 - (I)(J) Accessory Structure (U) (3334-6/97,3410-3/99) Garage (K) (3334E/97,3410-3199) Projections into Setbacks (L)(R) (3334E/97,3410-3/99) Maximum Height(ft-) Dwellings 35 35 35 35 35 20 (M) (3334-6197,3410-3/99) Accessory Structures 15 15 15 15 15 15 (M)(R) (3410-3199) Maximum Floor Area - - 1.0 - - - (3334-197,3410-3199) Ratio (FAR) (3410-3/99) Minimum Lot Area per Dwelling Unit (sq. ft.) 6,000 2,904 * 1,742 1,244 - (3334-6/97,34103/99) Maximum Lot Coverage (%) 50 50 50 50 50 75 (V) (3334-6/97,3410-3/99) Minimum Floor Area (N) (3334-6/97,3410-3/99) Minimum Usable Open Space (0) Courts (P) (3334-6197,3410-3199) Accessibility within Dwellings (Q) (34,0-3199) Waterfront Lots (R) (3334-6/97,3410-3/99) Landscaping See Chapter 232 (S) (3334-6/97,3410-3/99) Fences and Walls See Section 230.88 Lighting (1TT ) (3334-6197,3410-3/99) Underground Utilities See Chapter 17.64 Screening of Mechanical Equipment See Section 230.76 Refuse Storage Areas See Section 230.78 (3410-3/99) Antenna See Section 230.80 (3410-3199) Performance Standards See Section 230.82 Off-Street Parking and Loading See Chapter 231 Signs See Chapter 233 Nonconforming Structures See Chapter 236 Accessory Structures See Section 230.08 * Lots 50 feet or less in width = 1 unit per 25 feet of frontage Lots greater than 50 feet in width = 1 unit per 1,900 square feet N/A = Not applicable Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-6 3/99 March 16, 2004 RL, RM, RMH, RH, and RMP Districts: Additional Development Standards (A) See Section 230.62: Building Site Required and Section 230.64: Development on Substandard Lots. (B) See Section 230.66: Development on Lots Divided by District Boundaries. (C) The minimum lot area shall be 12,000 square feet for General Day Care, General Residential Care, and Public or Private Schools, except minimum lot area for General Day Care in the RL district shall be one (1) gross acre. (3334-6/97,3410-3/99) (D) Building Separation. The minimum spacing between buildings including manufactured home units shall be 10 feet. (3334-6/97,3410-3/99) (E) Variable Front Setback for Multi-family Projects. Projects with more than 4 units in the RM District, more than 8 units in the RMH District, or more than 1.4 units in the RH District shall provide a minimum setback of 15 feet from any public right-of-way. Minimum 50% of the garages shall be set back 20 feet from the front property line. (See Section 210.12B.) (3334-6/97, 3410-3/99) (F) Upper-story Setbacks for Multi-family Structures. The covered portion of all stories above the second story in any multi-family structure shall be set back an average of 10 feet from the second floor front facade (see Exhibit). (3334-6/97,3410-3/99) y average 10' setback QOD � D Q � D QQ QD - QD D � - 0 D 210-UPSS.PCX UPPER STORY SETBACK Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-7 3/99 March 16, 2004 RL, RIYI, RMH, RH, and RMP Districts: Additional Development Standards (G) Interior Side Setback (1) In the RL, RM, RMH, including RMH-A subdistrict, and RH Districts, interior side setbacks shall be minimum 10% of lot width, but not less than 3 feet and need not exceed 5 feet, except as stated below. (3334-6/97, 3410-3/99) (2) For projects in the RM, RMH, including RMH-A subdistrict, and RH Districts adjoining an RL District, interior side setbacks shall be at least: (a) 10 feet for units in single-story or two-story buildings. (b) 14 feet for units above two stories. Subject to approval of a conditional use permit, the Zoning Administrator of the Commission-, may approve upper-story setbacks in lieu of an increased side setback if the second and third stories are set back the required distance. (3334-6/97,3410-3/99) (H) Street Side Setbacks (1) In the RL, RM, RMH (excluding RMH-A subdistrict), and RH districts, the street side yard shall be 20 percent of the lot width, minimum 6 feet and need not exceed 10 feet. (3334-6/97,3410-3/99) (2) In the RMH-A subdistrict, street side setback shall be minimum 5 feet. (3410-3/99) (3) For projects with 10 or more multi-family units (including RMH-A subdistrict), the street side setback shall be the same as the front setback. (3334-6/97,3410-3/99) (I) Building Walls Exceeding 25 Feet in Height. The required interior side or rear setback adjoining a building wall exceeding 25 feet in height, excluding any portion of a roof, and located on a lot 45 feet wide or greater, shall be increased three feet over the basic requirement. (3334-6/97,3410-3/99) (J) Zero Side or Rear Setback. (1) A-zero interior side setback may be permitted provided that the opposite side setback on the same lot is minimum 20% of the lot width, not less than 5 feet, and need not exceed 10 feet, and shall be subject to the requirements listed in subsection (3) below. (3334-6/97,3410-3/99) (2) A zero rear setback may be permitted provided that the opposite rear setback for the adjacent lot is either zero or a minimum of 10 feet, and subject to the requirements listed in subsection (3) below. (3334-6/97,3410-3/99) (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-8 3/99 Larch 16, 2004 RL, RM, RMH, RH, and RMP Districts: Additional Development Standards (3) A zero side or rear setback may be permitted subject to the following requirements: (3334- 6/97,3410-3/99) (a) The lot adjacent to the zero side or rear setback shall either be held under the same ownership at the time of application or a deed restriction or agreement approved as to form by the City Attorney shall be recorded giving written consent of the adjacent property owner. (3334-6/97) (b) A maintenance easement, approved as to form by the City Attorney, shall be recorded between the property owner and the owner of the adjacent lot to which access is required in order to maintain and repair a zero lot line structure. Such easement shall be an irrevocable covenant running with the land. No building permits shall be issued until such recorded maintenance easement has been submitted. (3334-6/97) (c) Separation between the proposed structure and any structure on an adjacent lot shall either be zero or a minimum of 5 feet. (3334-6/97,3410-3/99) (d) No portion of the dwelling or any architectural features shall project over the property line. (3334-6/97) (e) The zero setback shall not be adjacent to a public or private right-of-way. (3334-6/97) (f) Exposure protection between structures shall be provided as specified by the Fire Department and Building Division. (3334-6/97) (4) Double zero side setbacks maybe permitted for planned unit development projects subject to approval of a conditional use permit and compliance with Section 210.12 B. (3334-6/97, 3410-3/99) (K) Garage Setbacks. Setbacks for the main dwelling shall apply, except as specifically stated below: (1) Front entry garage - 20 feet (2) Side entry garage - 10 feet (3) Garage with alley access - 5 feet For garages with rear vehicular access from an alley and located on a lot 27 feet wide or less, the side setback adjacent to a street or another alley may be reduced to 3 feet. A minimum 25 foot turning radius is required from the garage to the opposite side of the street, alley, drive aisle or driveway. (3334-6/97,3410-3/99) (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-9 3199 March 16, 2004 RL, RM, RMH, RH, and RMP Districts: Additional Development Standards ATTACHED FRONT iEENTRY GARAGE Property line I Minimum 20' from garage to property line Street Sidewalk .............. j ATTACHED SIDE j ENTRY GARAGE j Property Line Minimum 10' from garage to property line Min 25'i Street f_ Sidewalk Radius Property line ----------- ----------- Allev — Minimum 25' from garage to property line on the other side of the existing alley Minimum 5' from garage to property line I I Property line I I j GARAGE WITH ENTRY FROM REAR ALLEY I I I Sidewalk Street March 16, 2004 RL, RM, RMH, RH, and RMP Districts: Additional Development Standards (L) Projections into Setbacks. (1) See Section 230.68: Building Projections into Yards. (2) Balconies and bay windows may project into required setbacks and usable open space areas subject to Section 230.68, provided that balconies have open railings, glass, or architectural details with openings to reduce visible bulk. Balconies composed solely of solid enclosures are not allowed to project into required setbacks. (3334-6/97,3410-3/99) (M) Height Requirements. See Section 230.70 Measurement of Height, and Section 230.72 Exceptions to Height Limits. (1) Single Family Dwellings in all residential districts, except lots in the RMH-A subdistrict with less than 50 feet of frontage shall comply with the following standards: (3334-6/97,3410- 3/99) (a) Second story top plate height shall not exceed twenty-five (25) feet measured from the top of the subfloor/slab directly below. (3334-6/97,3410-3/99) (b) Roofs shall have a minimum 5/12 pitch if building height exceeds thirty(30) feet. (3334-6/97,3410-3/99) (c) Maximum building height for Main Dwellings shall be thirty-five (35) feet; however, Main Dwellings exceeding thirty(30) feet in height shall require approval of a Conditional Use Permit by the Zoning Administrator. (3268-12/94)(3334-6/97) (d) Habitable area, which includes rooftop decks and balconies, above the second story top plate line shall ^aw mist. ter-be permitted with Neighborhood otification pursuant to Chapter 241. Habitable area above the second story plate line shall be within the confines of the roof volume, with the following exceptions: (3334-6/97,3410-3/99) (1) Dormers, decks and other architectural features may be permitted as vertical projections above the roof volume provided the projections are set back five (5) feet from the building exterior and do not exceed the height limits as stated above. (3334-6/97) (2) Windows and deck areas above the second story plate line shall orient toward public rights-of-way only. (3334-6/97,3410-3/99) (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-11 3/99 March 16, 2004 Dormers,decks and other architectural features must Habitable Areas are: be setback 5' from • confined within the building exterior roof volume �— • accessed from within << the main dwelling • subject to conditional 5 use permit approval HABITABLE AREA ABOVE SECOND STORY TOP-PLATE LINE FOR SINGLE FAMILY DWELLINGS IN ALL RESIDENTIAL DISTRICTS EXCEPT RMH-A SUBDISTRICT (3410-3/99) (e) Access to any habitable area above the second story top plate line shall be provided within the Main Dwelling and shall be consistent with internal circulation. Exterior stairways between the ground floor and a habitable area above the second story plate line shall be prohibited. (3334-6/97,3410-3/99) Two vertical cross-sections through the property(front-to-back and side-to-side) that show the relationship of each level in a new structure and new levels added to an existing structure to both existing and finished grade on the property and adjacent land within 5 feet of the property line shall be submitted in order to determine compliance with this subsection. (3334-6/97,3410-3/99) (2) Single Family Dwellings in the RMH-A subdistrict on lots with less than 50 feet of frontage shall comply with the following standards: (3334-6/97,3410-3/99) (a) Second story top plate height shall not exceed twenty-five (25) feet measured from the top of the subfloor/slab directly below. (3334-6/97,3410-3/99) (b) Roofs shall have a minimum 5/12 pitch if building height exceeds thirty(30) feet. (3334-6/97) (c) In the front and rear 25 feet of the lot, maximum building height for all structures, including railings and architectural features, shall be 25 feet. Otherwise, maximum building height shall be 35 feet. (3334-6/97,3410-3/99) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-12 3/99 March 16, 2004 Front Property Line I — I I j 35'maximum 25'maximum height at top height in the of roof front and rear 25'of j 25 the lot 5 I I I I I Street Rear 25' 25' 1 Property Line MAXIMUM BUILDING HEIGHT FOR SINGLE FAMILY DWELLINGS ON LOTS LESS THAN 50 FEET WIDE IN RMH-A SUBDISTRICT (d) Access to any habitable area above the second story top plate line shall be provided within the Main Dwelling and shall be consistent with internal circulation. Exterior stairways between the ground floor and a habitable area above the second story plate line shall be prohibited. (3334-6/97,3410-3/99) Two vertical cross-sections through the property(front-to-back and side-to-side) that show the relationship of each level in a new structure and new levels added to an existing structure to both existing and finished grade on the property and adjacent land within 5 feet of the property line shall be submitted in order to determine compliance with this subsection. (3334-6/97,3410-3/99) (3) Accessory Structures: See Section 230.08: Accessory Structures. Accessory structures located on projecting decks abutting a waterway shall comply with the height established in subsection (R). (3334-6/97,3410-3/99) (4) Recreation Buildings: The maximum height of a recreation building for multi-family, planned residential, and mobile home park projects shall be established by the conditional use permit. (3334-6/97) (N) Minimum Floor Area. Each dwelling unit in a multi-family building and attached single family dwellings shall have the following minimum floor area. Unit Type Minimum Area (Square Feet) Studio 500 one bedroom 650 two bedrooms 900 three bedrooms 1,100 four bedrooms 1,300 All detached single family dwellings shall have a minimum 1,000 square feet of floor area not including the garage and shall be a minimum of 17 feet in width. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-13 3/99 March 16, 2004 RL, RM, RMH, RH, and RMP Districts: Additional Development Standards (0) Open Space Requirements. (1) The minimum open space area(private and common) for multi-family residential projects in RM, RMH, including RMH-A subdistrict, and RH Districts shall be 25% of the residential floor area per unit(excluding garages). (3334-6/97,3410-3/99) (2) Private Open mace. (a) Private open space shall be provided in courts or balconies within which a horizontal rectangle has no dimension less than 10 feet for courts and 6 feet for balconies. A minimum patio area of 70 square feet shall be provided within the court. (3334-6/97) (b) The following minimum area shall be provided: Unit Type Minimum Area (Sq.Ft.) Units Above Ground Floor Units Ground Floor Studio/1 bedroom 200 60 2 bedrooms 250 120 3 bedrooms 300 120 4 or more bedrooms 400 120 (3334-6/97) (c) Private open space shall be contiguous to the unit and for the exclusive use of the occupants. Private open space shall not be accessible to any dwelling unit except the unit it serves and shall be physically separated from common areas by a wall or hedge exceeding 42 inches in height. (3334-6/97, 3410-3/99) (d) A maximum of 50% of the private open space requirement,may be on open decks above the second story subject to approval of a conditional use permit by the Zoning Administrator or Planning Commission, provided that no portion of such deck exceeds the height limit. (3410-3/99) (e) Patio and balcony enclosures within existing planned developments or apartment complexes shall be subject to the following conditions: 1. A maximum of one enclosure per unit shall be allowed. 2. The existing balcony or patio area shall not be enlarged. 3. The balcony or patio enclosure shall comply with the current setback and height requirements for the district in which the site is located. 4. The enclosure shall consist entirely of transparent materials, i.e., no solid walls or opaque walls, except an existing solid roof may be part of the enclosure. 5. No structural change shall occur to the interface wall and doorway between the enclosure and the adjacent inside room of March 16, 2004 the building, unless the balcony/patio is replaced with equivalent unenclosed area for use as private open space. 6. The enclosed area shall be considered as private open space and may be counted toward current private open space requirements. 7. Required egress for fire escape routes shall be maintained. (3) Common Open Space. (a) Common open space, provided by interior side yards, patios, and terraces, shall be designed so that a horizontal rectangle has no dimension less than 10 feet, shall be open to the sky, and shall not include driveways, parking areas, or area required for front or street side yards. (3334-6/97, 3410-3/99) (b) Projects with more than 20 units shall include at least one amenity, such as a clubhouse, swimming pool, tennis court, volleyball court, outdoor cooking facility, or other recreation facility. (3334- 6/97, 3410-3/99) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-14 3/99 RL, RM, RMH, RH, and RMP Districts: Additional Development Standards (4) The Director may allow a reduction in the open space requirement to 10% of the livable area per unit for projects with less than 10 units and located within walking distance of 1,000 feet of a public park or beach. (3334-6/97,3410-3/99) (P) Courts Opposite Windows in RM, RMH, and RH Districts (excluding the RMH-A sub- district). Courts shall be provided in all multi-family projects in the RM, RMH, and RH Districts subject to the following requirements: (3334-6/97, 3410-3/99) (1) Courts Opposite Walls on the Same Site: The minimum depth of a court shall be one-half the height of the opposite wall but not less than 20 feet opposite a living room and 14 feet opposite a required window for any other habitable room (see diagrams below). (3334-6/97, 3410-3/99) (2) Courts Opposite Interior Property Line: The minimum distance between a required window of a habitable room and a property line shall be 10 feet. (3334-6/97,3410-3/99) (3) Court Dimensions: Courts shall be minimum 20 feet wide (minimum 10 feet on either side of the centerline of the required window) and shall be open to the sky. Eaves may project a maximum 2 feet into a court. (3334-6/97, 3410-3/99) (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-15 3/99 Larch 16, 2004 RL, RM, RMH, RH, and RMP Districts: Additional Development Standards Section A I Section B I Section C Living room ' window ' T I I 112 Height of i 20 i 14 ft. opposit wall Not less than 10 ft. i L.----,,, Living room window I Living room window i I h Living room Living room Living room window window window h/2 ► 20 jt Section A Section B Other room Other room window window 14 ft. Section C 210-CRF.CDR COURTS OPPOSITE WINDOWS (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-16 4198 March 16, 2004 RL, RM, RMH, RH, and RMP Districts: Additional Development Standards (Q) All habitable rooms in a dwelling unit must be accessible from within the dwelling. (3334-6/97, 3410-3/99) (R) Waterfront Lots. Projecting decks, windscreens, fencing, patio covers and solariums on waterfront lots may be permitted subject to the development standards set forth in this Chapter, Chapter 245, Chapter 17.24, and the following requirements: (3334-6/97) (1) Projecting. Decks on waterfront lots may project 5 feet beyond the bulkhead provided the decks comply with the side setbacks required for the main dwelling. (3334- 6/97,3410-3/99) (2) Windscreens. Windscreens may be permitted if constructed of light-weight materials such as plastic, canvas, fiberglass, tempered glass or metal, except for necessary bracing and framing. The maximum height for windscreens shall be 7 feet above the finished surface of the deck at the bulkhead line. (3334-6/97) (3) Fencing. All portions of fencing within the required rear setback area shall comply with Chapter 230.88 and the visibility provisions below. (3334-6/97,3410-3/99) (4) Solariums. Solariums (patio enclosures) may project a maximum of 30 inches over the bulkhead. In all cases, the solarium shall maintain a 45 degree (45°) visibility angle as measured from the main dwelling building line extended to the side property line. The maximum height shall not exceed the top of the first floor ceiling joist. (3334-6/97,3410-3/99) (5) Patio Covers. Patio covers (including eaves) may be permitted to project 5 feet into the rear yard setback, however, construction materials shall allow compliance with visibility provisions below. (3334-6/97,3410-3/99) (6) Visibili . The portion of any windscreen, fence or patio cover in the rear yard setback or solarium above 36 inches in height shall be composed of materials and design which allow a minimum of 85% transmission of light and visibility through the structure in each direction when viewed from any angle. (3334-6/97) (7) Removal. Decks, solariums and windscreens projecting over waterways which do not comply with the above provisions may be removed by the city upon 30-days'written notice. Such projections are declared to be a privilege which can be revoked for noncompliance and not a vested right. (3334-6/97) (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-17 3/99 March 16, 2004 RL, RM, RMH, RH, and RMP Districts: Additional Development Standards Bulkhead Solarium Projecting deck 2 1/2' Max. r5' 45/ 450 • I . 5' house 5' • min. min. . Property line i n-i A rnrz WATERFRONT LOT PROJECTIONS (3334-6197) (S) Landscaping (1) A minimum 40% of the front yard shall be landscaped. For single family residences in the RMH-A subdistrict, a minimum 3 foot wide landscape planter along the front property line (excluding max. 5 ft. wide walkway) may be provided in lieu of the 40% requirement. A maximum 18 inch high planter wall may be constructed along the front property line. (3334-6/97,3410-3/99) (2) All required trees specified in Chapter 232 shall be provided. (3410-3/99) (3) All subdivisions shall provide a minimum 5 foot wide landscaped area along arterial street/highway property lines. The actual required width shall be determined during the planning process. Maintenance of said landscaped area shall be by a homeowners association, property owner or other method approved by the City of Huntington Beach. (3334-6/97,3410-3/99) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-18 3/99 March 16, 2004 RL, RM, RMH, RH, and RMP Districts: Additional Development Standards (T) Lighting. A lighting system shall be provided in all multi-family projects along all vehicular access ways and major walkways. Lighting shall be directed onto the driveways and walkways within the development and away from adjacent properties. A lighting plan shall be submitted for approval by the Director. (3334-6/97) (U) See Section 230.08: Accessory Structures (3334-6/97,3410-3/99) (V) Solid patio covers open on at least 2 sides may be permitted an additional 5% site coverage. Open lattice patio covers are exempted from site coverage standards. (3410-3/99) 210.08 Development Standards for Senior Projects This section establishes development standards for Senior Residential Projects that may be permitted by thp, p�Qr�;rrt ^mm=cciAn. in accordance with Section 210.04, Multi-family Residential. (3334-6/97,3410-3/99) A. Minimum Floor Area. Each dwelling unit shall have a minimum floor area of 450 square feet. (3334-6/97,3410-3/99) B. Minimum Setbacks. The project shall comply with the minimum setback requirements of the district applicable to the site. (3334-6/97) C. Minimum Distance between Buildings. Minimum building separation shall be 10 feet. (3334-6/97,3410-3/99) D. Building Desi . No structure shall exceed 180 feet in length. To provide variation in building facades, two of the following architectural elements are required as part of each building: sloped roofs; bay windows; awnings; roof eaves; cornices; balconies; or patios. (3334-6/97) E. Open Space Requirements. (3334-6/97,3410-3/99) 1. Private Open Space: A minimum of 60 square feet of private open space for studios or one bedroom units and 120 square feet for two or more bedrooms, with minimum dimensions of 6 feet. (3334-6/97,3410-3/99) 2. Common Open Space: A minimum of 2,500 square feet for the first 50 units, and an additional 50 square feet for each unit over 50. (3334-6/97,3410-3/99) 3. Community Club House: An enclosed community or clubhouse facility containing minimum 7 square feet per unit, and a total area of minimum 400 square feet, may satisfy up to 50% of the common open space requirement. The clubhouse shall include handicapped bathrooms and kitchen facilities to be used by project residents and their guests only. (3334-6/97,3410-3/99) F. Elevators. Buildings with more than 2 levels, including living areas or parking, shall have elevators. (3334-6/97) G. Parking. Parking shall comply with Chapter 231. Any parking space over and above the one space per unit shall be marked for guest use. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-19 3/99 March 16, 2004 RL, RM, RMH, RH, and RMP Districts: Additional Development Standards 210.10 Modifications for Affordable Housing The Planning Commission and Zoning Administrator may approve a conditional use permit modifying the minimum property development standards in this chapter for affordable housing, as provided in Section 230.14. The proposed modifications shall be requested in writing by the applicant, accompanied by a detailed pro-forma, rental guidelines, deed restrictions, financial subsidies, and other types of documentation which will serve to demonstrate the need for a reduction of development standards. Modifications to the standards may include, but are not limited to, the parking requirements and open space. The specific standard(s) from which the applicant is requesting relief shall be identified and alternative development standard(s) proposed. (3334-6/97,3410-3/99) 210.12 Planned Unit Development Supplemental Standards and Provisions This section establishes supplemental development standards and provisions that shall apply to all planned unit developments. (3334-6/97) A. Mans. A tentative and final or parcel map shall be approved pursuant to Title 25, Subdivisions. (3334-6/97) B. Project Design. 1. Driveway parking for a minimum of fifty percent of the units shall be provided when units are attached side by side. (3334-6/97) 2. A maximum of six units may be attached side by side and an offset on the front of the building a minimum of four(4) feet for every two units shall be provided. (3334-6/97) 3. A minimum of one-third of the roof area within a multi-story, multi-unit building shall be one story less in height than the remaining portion of the structure's roof area. (3334-6/97) C. Common Areas. Every owner of a lot or dwelling unit shall own as an appurtenance to such unit or lot either an undivided interest in the common areas and facilities or a share in the corporation, community association, or limited partnership owning the common areas and facilities. (3334-6/97) D. Covenants. The developer shall submit a covenant setting forth a plan or manner of permanent care and maintenance of all common areas and communal facilities. Such covenant shall be included in the Covenant, Conditions, and Restrictions (CC&R's) applying to the property and shall be approved by the City Attorney and Director. The CC&R's shall be approved prior to final or parcel map approval and when approved, shall be recorded in the office of the Orange County Recorder. (3334-6/97) E. Maintenance. The corporation, community association, or limited partnership shall have the responsibility of maintaining the common areas and facilities as shown on the final development plans, the buildings and use of property for planned unit development. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-20 3/99 March 16, 2004 RL, RM, RMH, RH, and RMP Districts: Additional Development Standards F. Sale of Lots. No dwelling unit or lot shall be sold or encumbered separately from an interest in the common areas and facilities in the development which shall be appurtenant to such dwelling unit or lot. No lot shall be sold or transferred in ownership from the other lots in the total development or approved phase of the development unless all approved community buildings, structures and recreational facilities for the total development, or approved phase thereof, have been completed, or completion is assured, by bonding or other method satisfactory to the City. (3334-6/97) G. Management Agreement. No lot or dwelling unit in the development shall be sold unless a corporation, community association, or limited partnership has been formed with the right to assess all those properties which are jointly owned with interests in the common areas and facilities in the development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Said entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units, and flexibility of assessments to meet changing costs of maintenance, repairs and services. The developer shall submit evidence of compliance with this requirement to and receive approval of the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. (3334-6/97) 210.14 RMP District Supplemental Development Standards This section establishes supplemental standards for the development of manufactured home parks. (3334-6/97) A. Individual space setbacks for manufactured homes and accessory structures shall be landscaped and are as follows: Front minimum 5 feet Side 10 feet aggregate, minimum 3 feet on any side Rear minimum 5 feet (3334-6/97,3410-3/99) B. Each space shall be provided with a minimum 150 cubic feet of enclosed, usable storage space. (3334-6/97,3410-3/99) C. The undercarriage of all manufactured homes shall be screened from view on all sides. (3334-6/97) D. A six foot high concrete or masonry wall shall be provided along all interior property lines of the manufactured home park. In addition, a 20 foot wide landscaped berm or a 10 foot wide landscaped area and a 6 foot high wall shall be located at the minimum front setback line. (3334-6/97,3410-3/99) E. A boat or trailer storage area shall be provided and screened from view by a 6 foot high fence or wall. (3334-6/97,3410-3/99) F. Maximum site coverage for each individual manufactured home space shall be 75%. (3334- 6/97,3410-3/99) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-21 3/99 Larch 16, 2004 RL, RM, RMH, RH, and RMP Districts: Additional Development Standards G. Projects in the RMP district shall provide a minimum common open space area of 200 square feet per manufactured home space. (3410-3/99) 210.16 Review of Plans All applications for new construction and exterior alterations and additions shall be submitted to the Community Develop,,, Planning Department for review. Discretionary review shall be required as follows: (3334-6/97) A. Zoning Administrator Review. Projects requiring a conditional use permit from the Zoning Administrator; projects on substandard lots; see Chapter 241. (3334-6/97,3410-3/99) B. Design Review Board. See Chapter 244. (3334-6/97,3410-3/99) C. Planning Commission. Projects requiring a conditional use permit from the Planning Commission; see Chapter 241. (3334-6/97,3410-3/99) D. Projects in the Coastal Zone. A Coastal Development Permit is required unless the project is exempt; see Chapter 245. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-22 199 ORDINANCE NO. 3639 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 211 OF THE HUNTINGTON BEAC ZONING AND SUBDIVISION ORDINANCE ENTITLED COMMERCIAL DISTRICTS The City Council of the City of Huntington Beach does hereby dain as follows: SECTION 1. Chapter 211 of the Huntington Beach Zonin and Subdivision Ordinance is hereby amended to read as follows: =Chaptelr =:11 k��ommea1 Districts -� � _ �:� �- Sections: 211.02 Commercial Districts E ablished 211.04 CO, CG, and CV Distr' ts: Land Use Controls 211.06 CO, CG and CV Dist cts: Development Standards 211.08 Review of Plans 211.02 Commercial Districts stablished The purpose of the Commercial distri Is is to implement the General Plan and Local Coastal Program commercial land u designations. Three (3) commercial zoning districts are established by this cha er as follows: A. The CO Office Com ercial District provides sites for offices for administrative, fina ial, professional, medical and business needs. B. The CG General ommercial District provides opportunities for the full range of retail a d service businesses deemed suitable for location in Huntington Be ch. C. The CV Vis' or Commercial District implements the Visitor Serving Commerci land use designation within the coastal zone and provides uses of sp cific benefit to coastal visitors. More specifically, the CV district p ovides opportunities for visitor-oriented commercial activities, includi specialty and beach related retail shops, restaurants, hotels, motels theaters, museums, and related services. 211.04 / CO, CG, and CV Districts: Land Use Controls In the follo ng 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. ord/04zoning/chap 211/4/5/04 1 1 . "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 1y use. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the Zoning Ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. P = Permitted CO, CG, L = Limited (see Additional Provisions) and CV PC = Conditional use permit approved by Planning Commission Districts ZA = Conditional use permit approved by Zoning Administrator Land Use TU = Temporary Use Permit Controls P/U = Requires conditional use permit on site of conditional use = Not Permitted CO CG CV Additional Provisions Residential (J)(Q)(R)(V) Group Residential ZA ZA ZA Multifamily Residential - - PC Public and Semipublic (J)(Q)(R)(V) Clubs and Lodges P P - Community and Human Services Drug Abuse Centers - PC - Primary Health Care LI 1 Ll 1 - Emergency Kitchens - L-2 - Emergency Shelters - L-2 - Residential Alcohol Recovery, General - PC - Residential Care, General ZA ZA - Convalescent Facilities ZA ZA - 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) ord/04zoning/chap 211/4/5/04 2 P = Permitted CO, CG, L = —Limited (see Additional Provisions) and CV PC = Conditional use permit approved by Planning Commission Districts ZA = Conditional use permit approved by Zoning Administrator Land Use TU = Temporary Use Permit Controls P/U = Requires conditional use permit on site of conditional use = Not Permitted CO CG CV Additional Provisions Commercial Uses (J)(Q)(R) Ambulance Services - ZA Animal Sales & Services Animal Boarding - ZA - Animal Grooming - P - Animal Hospitals - A - Animals: Retail Sales - P - Equestrian Centers (CG Zone) - PC - (S) Pet Cemetery - PC - Artists' Studios P P P Banks and Savings & Loans 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 Entertai ent - ZA ZA (D) Communication Facilities L-13 L-13 L-13 Eating and Drinking Estab. P P P (Y) W/Alcohol ZA ZA ZA (N)(Y) W/Drive Through - P P W/Live Entertainment ZA ZA ZA (W)(Y) W/Dancing ZA ZA ZA (H) W/Outdoor Dining ZA ZA ZA (X)(Y) Food & Beverage Sales - P L-2 W/Alcoholic Beverage S es - ZA ZA (N) Funeral & Internment Services - ZA - Laboratories L-1 L-1 - Maintenance & Repair S rvices - P - Marine Sales and Servi es - P P Nurseries - ZA - Offices, Business & ofessional P P P Pawn Shops - ZA - Personal Enrichme t Services L-10 L-10 - (Y) Personal Services P P P Research & Dev opment Services L-1 ZA - Retail Sales - P P (U)(V) Secondhand A pliances/Clothing - P - Swap Meets, door/Flea Markets - PC - (T) Swap Meets ecurring - ZA - Tattoo Esta lishments - PC - Travel Services P P P ord/04zoning/chap 211/4/5/04 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 Automobile Rentals - L-8 L-8 L-12 Automobile Washing - L-7 - Commercial Parking - ZA ZA (P) Service Stations - ZA ZA (E) Vehicle Equip. Repair - L-5 - Vehicle Equip. Sales & Rentals ZA ZA - L-12 Visitor Accommodations Bed & Breakfast Inns ZA ZA ZA (K) Hotels, Motels - ZA 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 and Carnivals and Festivals - TU - Commercial Filming, Limited - P P (M) Real Estate Sales P P P Retail Sales, Outdoor - TU TU (M) Seasonal Sales TU TU TU (M) Tent Event P Trade Fairs - P - Nonconforming Uses (G)(J)(V) (Rest of page not used) ord/04zoning/chap 211/4/5/04 4 CO, CG, and CV Districts: Additional Provisions L-1 Permitted if the,space is 5,000 square feet or less; allowed with Neighborh od Notification pursuant to Chapter 241 if the laboratory space exceeds 5,0 square feet. L-2 Permitted-if the space is 5,000 square feet or less; allowed with a nditional use permit from the Zoning Administrator if the space exceeds 5, 00 square feet. L-3 Repealed, L-4 Repealed. L-5 Only 'limited" facilities are allowed subject to appr Val of a conditional use permit from the Zoning Administrator, and body d fender shops are permitted only as part of a comprehensive automobile-se rv'ce complex operated by a new vehicle dealer. L-6 Only "small-scale" facilities, as described i se Classifications, are permitted with a maximum 7 persons employed full 'me in processing or treating retail products, limited to those sold on the pre ises. L-7 Attended facilities allowed with a con tional use permit from the Zoning Administrator; unattended facilities p rmitted. L-8 On-site storage limited to two rent cars. L-9 Public facilities permitted, but a onditional use permit from the Zoning Administrator is required for co mercial facilities. L-10 Permitted if the space is 5,00 square feet or less; allowed with conditional use permit approval from the Zo ing Administrator if space exceeds 5,000 square feet. In addition, Personal Enri hment uses within a retail building parked at a ratio of one (1) space per 200 quare feet, shall require no additional parking provided the use comph s with the following: • Maximum n mber of persons per classroom does not exceed the number of rking spaces allocated to the suite based upon the square footage of e building; and • The inst tion area does not exceed 75 percent of total floor area of the perso al enrichment building area. L-11 Permitted if the ace is 5,000 square feet or less; allowed with a conditional use permit from the Zonin Administrator if the space exceeds 5,000 square feet. L-12-Permitted for xisting facilities proposing to expand up to 20% of floor area or display area. L-13 For wireles communication facilities see Section 230.96 Wireless Communication Facilities. All other communication facilities permitted. (3568-9/02) ord/04zoning/chap 211/4/5/04 5 1 I .. (A) Reserved. (B) See Section 230.40: Helicopter Takeoff and Landing-Areas. (C) Repealed (D) See Section 230.38: Game Centers; Chapter 5.28: Dance Halls; Chapter 9.24: Card Rooms; Chapter 9.32: Poolrooms and Billiards; and Chapter 9.28: Pinball ;r Machines. (E) ' See Section 230.32: Service Stations. (F) See Section 241.20: Temporary Use Permits (G) See Chapter 236: Nonconforming Uses and Structures. (H) For teen dancing facilities, bicycle racks or a special bicycle parking area shall be provided. These may not obstruct either the public sidewalk or the building entry. See also Chapter 5.28: Dancing Halls; Chapter 5.44: Restaurants- Amusement and Entertainment Premises, and Chapter 5.70: Adult Entertainment Businesses. (I) Only permitted on a major arterial street, and a passive or active outdoor recreational amenity shall be provided. (J) In the CV District the entire ground floor area and at least one-third of the total floor area shall be devoted to visitor-oriented uses as described in the certified Local Coastal Program Land Use Plan. Any use other than visitor serving commercial shall be located above the ground level, and a conditional use permit from the Planning Commission or the Zoning Administrator is required. Any use other than visitor serving commercial uses shall only be permitted if visitor serving uses are either provided.prior to the other use or assured by deed restriction as part of the development. No office or residential uses shall be permitted in any visitor serving designation seaward of Pacific Coast Highway. (K) See Section 230.42: Bed and Breakfast Inns. (L) See Section 230.44: Recycling Operations. (M) Subject to approval by the Police Department, Public Works Department, Fire Department and the Director. See also Section 230.86 Seasonal Sales. (N) The following businesses proposing to sell alcoholic beverages for on-site or off-site consumption are exempt from the conditional use permit process: (1) Retail markets with no more than 10 percent of the floor area devoted to sales, display, and storage of alcoholic beverages provided the sale of alcoholic beverages is not in conjunction with the sale of gasoline or other motor vehicle fuel. (2) Restaurants, Bars-and Liquor stores located 300 feet or more from any R or PS district, public or private school, church, or public use. (3) Florist shops offering the sale of a bottle of an alcoholic beverage together with a floral arrangement. ord/04zoning/chap 211/4/5/04 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/buiding's re in floor area; or additions equal to or greater than 50% of the existg's floor area; or additions to buildings on sites located within 300 idential zone or use for a permitted use requires approval of a con permit from the Zoning Administrator. The Planning Director m proposed addition to the Zoning Administrator if the proposed add' potential to impact residents or tenants in the vicinity(e.g., incre sed noise, traffic). (R) Projects within 500 feet of a PS District see Chapte 44. (S) See Section 230.48: Equestrian Centers (T) See Section 230.50: Indoor Swap Meets/Fle arkets (U) See Section 230.94: Carts and Kiosks (V) In the coastal zone, the preferred retail ales uses are those identified in the Visitor Serving Commercial land use esignation which provide opportunities for visitor-oriented commercial acti ties including specialty and beach related retail shops, restaurants, hotels, m els, theaters, museums, and related services. (W) Non-amplified live entertainme t greater than 300 feet from a residential zone or use shall be permitted with t a conditional use permit. (X) Outdoor dining that is 400 uare feet.or less with no alcohol sales shall be permitted without a conditional use permit. (Y) Neighborhood Notificat' n requirements pursuant to Chapter 241. 211.06 CO, CG d CV Districts: Development Standards The following schedule rescribes development standards for the CO, CG and CV districts. The first threvcolumns prescribe basic requirements for permitted and conditional uses in ea district. Letters in parentheses in the "Additional Requirements" colu n refer to standards following the schedule or located elsewhere in the zoning ordinanc . In calculating the maximum gross floor area as defined in Chapter 203, the fl or 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 measure• from ultimate right-of-way and in accordance with definitions set forth in Chapte 203, Definitions. (Rest of page not used) / ord/04zoning/chap 21 1/4/5/04 7 r CO, CG and CV DISTRICTS DEVELOPMENT STANDARDS CO CG CV Additional Requirements Residential Development (A)(B) Nonresidential Development (B) Minimum Lot Area(sq. ft.) 10,000 10,000 10,000 (C) Minimum Lot Width.(ft.) 100 100 100 Minimum Setbacks Front (ft.) 10 10 0 (D)(E)(0) Side (ft.) 5 0 0 (F) Street Side (ft.) 10 10 0 (E) Rear(ft.) 5 0 0 (F) Maximum Height of Structures (ft.) 40 50 50 (F)(G) Maximum Wall Dimensions (N) Maximum Floor Area Ratio (FAR) 1.0 1.5 1.5 Minimum Site Landscaping (%) 8 8 8 (H)(I) Building Design Standards (0) Fences and Walls (J)(K) Off-Street Parking/Loading (L) Outdoor Facilities See Section 230.74 (M) Screening of Mechanical Equipment See Section 230.76 (M) Refuse Storage Areas See Section 230.78 Underground Utilities See Chapter 17.64 Performance Standards See Section 230.82 Nonconforming Structures See Chapter 236 Signs See Chapter 233 CO, CG, and CV Districts: Additional Development Standards (A) Dwelling units shall be subject to the standards for minimum setbacks, height limits, maximum density, open space, balconies and bay windows, and parking for the RMH District. The setback standards shall apply only to the stories of a building that are intended for residential use. (B) See Section 230.62: Building Site Required and Section 230.64: Development on Substandard Lots. (C) The minimum site area for a hotel or motel is 20,000 square feet. (D) See Section 230.68: Building Projections into Yards and Required Open Space. Double-frontage lots shall provide front yards on each frontage. (E) A minimum 50-foot setback is required along Beach Boulevard, Pacific Coast Highway and Edinger Avenue or 25-foot setback with the setback area entirely landscaped. ord/04zoning/chap 211/4/5/04 $ (F) Along a side or rear property line abutting an R district, a 10-foot setback is required, and structures within 45 feet of the district boundary shall not ex ed 18 feet in height. (G) See Section 230.70: Measurement of Height and Section 230.72: E ceptions to Height Limits. (H) Planting Areas: (1) Required front and street side yards shall be planting reas except properties with 50 foot setback shall provide a min' um 10 foot wide planting area along street frontages. (2) Required side and rear yards shall be planting eas or shall be enclosed by a solid concrete or masonry wall at least 6 fe in height. (3) Hotels and Motels. A 15-foot wide lands aped strip shall be provided along all street frontages, except for nec sary driveways and walks. (I) See Chapter 232: Landscape Improvemen (J) See Section 230.88: Fencing and Yards (K) A solid masonry or concrete wall at 1 ast 6 feet in height shall adjoin the site of an existing ground-floor residential se. However, where the portion of the site within 10 feet of the front prope me is occupied by planting area or by a building having no openings exc t openings opposite a street property line,the Director may grant an exceptio to this requirement. A wall within 15 feet of a street property line shall not e ceed 3.5 feet in height. (L) See Chapter 231: Off-Stree arking and Loading. (M) See Section 230.44: Rec cling Operations and Section 230.80: Antennae. (N) A front or street side all surface shall be no longer than 100 feet without a break, a recess or off et measuring at least 20 feet in depth and one-quarter of the building length, r a series of offsets, projections or recesses at intervals of not more than 40 f et that vary the depth of the building wall by a minimum of 4 feet. The Directo may grant exceptions or allow these standards to be modified for exceptional unique structures subject to Design Review, Chapter 244. (Rest of page not used) ord/04zoning/chap 21 1/4/5/04 9 2� ft- 20ft. Max.100 ft. �.- 100 ft unbroken wall—' t 25 ft. or more 1 100f`•� Single Horizonal Offsets: 20ft. Max. 100 ft. unbroken wall 2 ft. 20ft. 40FT Min. 4 ft. recess ? I_ 25 ft. 25% of wall or more must be varied 1 Variable Offsets: 20 ft. and 4 ft. 211-OFFS MAXIMUM WALL LENGTH AND REQUIRED BREAK (0) Two building design standards are established to make commercial areas more attractive and provide a unified streetscape: (1) In the CV District a 10-foot minimum upper-story setback is required above the second story along street frontages. (Rest of page not used) ord/04zoning/chap 211/4/5/04 10 LRequired Se jack 1 ' Max. stories without 4 verti break 211-cvse. CV DISTRICT: UPPER-STORY SE ACK (2) In the CO and CV Districts, and on frontage adjacent to major or primary arterials in the CG District at least 40 perce t of a building surface may be located at the minimum setback line if ad itional landscaping is provided on the site. Min. 40 percent of front buildin elevation at setback line Setback line 211-FACE.B W BUILDING ACE AT SETBACK LINE 211.08 Review of PI ns All applications for new co truction, initial establishment of use, exterior alterations and additions shall be sub tied to the Planning Department for review. Discretionary review shall e required as follows: A. ZoningAdministr or Review. Projects requiring a conditional use permit from the Zoning Admi istrator; projects on substandard lots; see Chapter 241. B. Design Review oard. Projects within redevelopment project areas and areas subject to spec'fic plans; projects within 500 feet of a PS District; see Chapter 244. C. Planning C mmission. Projects requiring a conditional use permit from the Planning ommission, see Chapter 241. D. Projects 'n the Coastal Zone. A Coastal Development Permit is required unless the prof ct is exempt; see Chapter 245. / ord/04zoning/chap 211/4/5/04 11 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 day of , 2064. Mayor ATTEST: APPROVED AS TO FORM: City Clerk c S City Att rney REVIEWED AND APPROVED: INITIATED AND APPROVED: City dministrator Director of Planning ord/04zoninJchap 211/4/5/04 12 March 16, 2004 LEGISLATIVE DRAFT �(� ( 3C\ Chapter 211 C Commercial Districts (3285-6/95,3341-10/96,3334-6/97,3482-12/00,3522-2/02,3553-5102,3568-9/02) Sections: 211.02 Commercial Districts Established 211.04 CO, CG, and CV Districts: Land Use Controls 211.06 CO, CG and CV Districts: Development Standards 211.08 Review of Plans 211.02 Commercial Districts Established The purpose of the Commercial districts is to implement the General Plan and Local Coastal Program commercial land use designations. Three (3) commercial zoning districts are established by this chapter as follows: (3334-6/97) A. The CO Office Commercial District provides sites for offices for administrative, financial, professional, medical and business needs. B. The CG General Commercial District provides opportunities for the full range of retail and service businesses deemed suitable for location in Huntington Beach. C. The CV Visitor Commercial District implements the Visitor Serving Commercial land use designation within the coastal zone and provides uses of specific benefit to coastal visitors. More specifically, the CV district provides opportunities for visitor-oriented commercial activities, including specialty and beach related retail shops, restaurants, hotels, motels, theaters, museums, and related services. (3334-6/97) 211.04 CO, CG, and CV Districts: Land Use Controls In the following schedules, letter designations are used as follows: "P" designates use classifications permitted in commercial districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" that follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. "TU" designates use classifications allowed upon approval of a temporary use permit. Huntington Beach Zoning and Subdivision Ordinance Chapter 211 211-1 9/02 March 16, 2004 "P/U" for an accessory use means that the use is permitted on the site of a permitted use, but requires a conditional use permit on the site of a conditional use. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the Zoning Ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. P = Permitted CO, CG, L = Limited (see Additional Provisions) and CV PC = Conditional use permit approved by Planning Commission Districts ZA = Conditional use permit approved by Zoning Administrator Land Use TU = Temporary Use Permit Controls P/U = Requires conditional use permit on site of conditional use - = Not Permitted CO CG CV Additional Provisions Residential (J)(Q)(R)(V) (3334-6/97) Group Residential PGZA PGZA PGZA (3334-6/97) Multifamily Residential - - PC (3334-6/97) Public and Semipublic (J)(Q)(R)(V) 3334-6/97,3553-5/02) Ge-metefy - - Clubs and Lodges ZAP ZAP - (3334-6/97) Community and Human Services Drug Abuse Centers - PC - Primary Health Care Ll 1 Ll 1 - (3522-2/02) Emergency Kitchens - L-2 - Emergency Shelters - L-2 - Residential Alcohol Recovery, General - PC - Residential Care, General P-GZA RGZA - Convalescent Facilities PGZA PGZA - Cultural Institutions PC PC PC Day Care, General L-2 L-2 - Day Care, Large-Family P P - (Y) (3522-2/02) Emergency Health Care L-2 L-2 - (3334-6/97) Government Offices P P PC (3334-6/97) Heliports PC PC PC (13) Hospitals PC PC - (3334-6/97) Park& Recreation Facilities L-9 L-9 L-9 Public Safety Facilities PC PC PC Religious Assembly ZA ZA - (3522-2/02) Schools, Public or Private PC PC - Utilities, Major PC PC PC Utilities, Minor P P P (L) Huntington Beach Zoning and Subdivision Ordinance Chapter 211 211-2 5/02 March 16, 2004 P = Permitted CO, CG, L = Limited(see Additional Provisions) and CV PC = Conditional use permit approved by Planning Commission Districts ZA = Conditional use permit approved by Zoning Administrator Land Use TU = Temporary Use Permit Controls P/U = Requires conditional use permit on site of conditional use - = Not Permitted CO CG CV Additional Provisions Commercial Uses (J)(Q)(R) (3341-0/96) Ambulance Services - ZA - Animal Sales & Services Animal Boarding - ZA - (3522-2/02) Animal Grooming - P - Animal Hospitals - ZA - (3522-2/02) Animals: Retail Sales - P - Equestrian Centers (CG Zone) - PC - (S) Pet Cemetery - PC - Artists' Studios P P P Banks and Savings & Loans P P P With Drive-Up Service P P P (3522-2/02) Building Materials and Services - P - Catering Services P P P Commercial Filming P P P (F) Commercial Recreation and Entertainment - P-GZA RGZA (D) Communication Facilities L-13 L-13 L-13 (3568-9/02) Eating and Drinking Estab. P P P 1,4(Y) (3522-2/02) W/Alcohol ZA ZA ZA (N)(Y) (3522-2/02) W/Drive Through - ZAP -Z-AP (3522-2/02) W/Live Entertainment ZA ZA ZA (W)(Y) (3522-2/02) W/Dancing PIGZA PGZA PGZA (H) W/Outdoor Dining ZA ZA ZA (X)(Y) (3522-2/02) Food & Beverage Sales - P L-2 W/Alcoholic Beverage Sales - ZA ZA (N) Funeral& Internment Services - ZA - Laboratories L-1 L-1 - Maintenance & Repair Services - P - Marine Sales and Services - P P Nurseries - ZA - Offices, Business & Professional P P P (3334-6/97) Pawn Shops - ZA - Personal Enrichment Services 1_110 L-10 - (Y) (3522-2/02) Personal Services P P P Research & Development Services L-1 ZA - Retail Sales - P P (U)(V) (3285-6/95,3334-6/97; 3482-12/00) Secondhand Appliances/Clothing - P - Swap Meets, Indoor/Flea Markets - PC - (T) Swap Meets,Recurring - ZA - Tattoo Establishments - PC - Travel Services P P P Huntington Beach Zoning and Subdivision Ordinance Chapter 211 211-3 9/02 March 16, 2004 P = Permitted CO, CG, L = Limited (see Additional Provisions) and CV PC = Conditional use permit approved by Planning Commission Districts ZA = Conditional use permit approved by Zoning Administrator Land Use TU = Temporary Use Permit Controls P/U = Requires conditional use permit on site of conditional use Not Permitted CO CG CV Additional Provisions Vehicle Equipment/Sales & Services Automobile Rentals - L-8 L-8 L-12 Automobile Washing - L-7 Commercial Parking - PGZA -GZA (P) Service Stations - PGZA PGZA (E) Vehicle Equip. Repair - Ir5 - Vehicle Equip. Sales & Rentals ZA ZA - L-12 (3522-2/02) Visitor Accommodations Bed & Breakfast Inns PGZA PGZA PGZA (K) Hotels, Motels - PGZA PC (1) (3334-6/97) Quasi Residential (3334-6/97) Time Shares - PC PC (1)(J)(3334-6/97) Residential Hotel - PC PC (J) Single Room Occupancy - PC PC (J)(0) Industrial (J)(Q)(R)(V) (3334-6/97) Industry, Custom - L-6 L-6 Accessory Uses (J)(V) (3334-6/97) Accessory Uses & Structures P/U P/U P/U Temporary Uses (F)(J)(V) (3334-6/97) Animal Shows - TU - Circus and Carnivals and Festivals - TU - (3522-2/02) Commercial Filming, Limited - P P (M) Real Estate Sales TuP TUP TUP (3522-2/02) Retail Sales, Outdoor - TU TU (M) (3522-2/02) Seasonal Sales TU TU TU (M) (3522-2/02) Tent Event 4:4P (3522-2/02) Trade Fairs - T-UP - Nonconforming Uses (G)(J)(V) (3334-6/97) (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 211 211-4 2/02 March 16, 2004 CO, CG, and CV Districts: Additional Provisions L-1 Permitted if the space is 500 5,000 square feet or less; allowed with a .,,, a;t;,,, �,,,, , pe-. ;t the ,,,;,, .1 �,,,-a-stF te„Neigborhood Notification pursuant to Chapter 241 if the laboratory space exceeds 2-,5-00 5,000 square feet. L-2 Permitted A,,,.we . „th a „a;tiona, , o ,r;t f em the Z,,,;,, ^aminist.- t if the space is 2,5W 5,000 square feet or less; allowed with a conditional use permit from the Planning Commission Zoning Administrator if the space exceeds�500 5,000 square feet. L-3 Repealed. (3334-6/97) L-4 if greater-than 300 feet f m sidenti l zoneor- e; if inn feet or-loss L e limited natif4eation is equir-ed (see V) (3522 2/92) Repealed. L-5 Only "limited" facilities are allowed subject to approval of a conditional use permit from the Zoning Administrator, and body and fender shops are permitted only as part of a comprehensive automobile-service complex operated by a new vehicle dealer. L-6 Only "small-scale" facilities, as described in Use Classifications, are permitted with a maximum 7 persons employed full time in processing or treating retail products, limited to those sold on the premises. (3522-2/02) L-7 Attended facilities allowed with a conditional use permit from the Commission-Zoning Administrator; unattended facilities allewed with permitted. 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 '5-00 5,000 square feet or less; allowed with conditional use permit approval from the Zoning Administrator if space exceeds 2300 5,000 square feet. (3522-2/02) In addition, Personal Enrichment uses within a retail building parked at a ratio of one (1) space per 200 square feet, shall require no additional parking provided the use complies with the following: (3522-2/02) • Maximum number of persons per classroom does not exceed the number of parking spaces allocated to the suite based upon the square footage of the building; and (3522-2/02) • The instruction area does not exceed 75 percent of total floor area of the personal enrichment building area. (3522-2/02) L-1 l Permitted if the space is -,500 5,000 square feet or less; allowed with a conditional use permit from the Zoning Administrator if the space exceeds 2,--5-00 5,000 square feet. (3522-2/02) Huntington Beach Zoning and Subdivision Ordinance March 16, 2004 L-12-Permitted for existing facilities proposing to expand up to 20%of floor area or display area. (3522-2/02) L-13 For wireless communication facilities see Section 230.96 Wireless Communication Facilities. All other communication facilities permitted. (3568-9/02) (A) Reserved. (3553-5/02) (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., subjeet to appreval of the Planfl ng r vir (J) In the CV District the entire ground floor area and at least one-third of the total floor area shall be devoted to visitor-oriented uses as described in the certified Local Coastal Program Land Use Plan. Any use other than visitor serving commercial shall be located above the ground level, and a conditional use permit from the Planning Commission Or the Zoning Administrator is required. Any use other than visitor serving commercial uses shall only be permitted if visitor serving uses are either provided prior to the other use or assured by deed restriction as part of the development. No office or residential uses shall be permitted in any visitor serving designation seaward of Pacific Coast Highway. (3334-6/97) (K) See Section 230.42: Bed and Breakfast Inns. (L) See Section 230.44: Recycling Operations. (M) Subject to approval by the Police Department, Public Works Department, Fire Department and the Director. See also Section 230.86 Seasonal Sales. (N) The following businesses proposing to sell alcoholic beverages for on-site or off- site consumption are exempt from the conditional use permit process: Huntington Beach Zoning and Subdivision Ordinance Chapter 211 211-6 9/02 March 16, 2004 (1) Retail markets with no more than 10 percent of the floor area devoted to sales, display, and storage of alcoholic beverages provided the sale of alcoholic beverages is not in conjunction with the sale of gasoline or other motor vehicle fuel. (3522-2/02) (2) Restaurants, Bars-and Liquor stores located 300 feet or more from any R or PS district, public or private school, church, or public use. (3522-2/02) (3) Florist shops offering the sale of a bottle of an alcoholic beverage together with a floral arrangement. (0) See Section 230.46: Single Room Occupancy. (P) See Chapter 231 for temporary and seasonal parking. (Q) Development of vacant land or additions of 10,000 square feet or more in floor area; or additions equal to or greater than 50% of the existing building's floor area; or additions to buildings on sites located within 300 feet of a residential zone or use for a permitted use requires approval of a conditional use permit from the Zoning Administrator. The Planning Director may refer any proposed addition to the Zoning Administrator if the proposed addition has the potential to impact residents or tenants in the vicinity(e.g., increased noise, traffic). (3522- 2/02) (R) Projects within 500 feet of a PS District see Chapter 244. (S) See Section 230.48: Equestrian Centers (T) See Section 230.50: Indoor Swap Meets/Flea Markets (U) See Section 230.94: Carts and Kiosks (3248-6/95,3334-6/97,3482-12/00) (V) In the coastal zone, the preferred retail sales uses are those identified in the Visitor Serving Commercial land use designation which provide opportunities for visitor-oriented commercial activities including specialty and beach related retail shops, restaurants, hotels, motels, theaters, museums, and related services. (W) Non-amplified live entertainment greater than 300 feet from a residential zone or use shall be permitted without a conditional use permit. (3522-2/02) (X) Outdoor dining that is 400 square feet or less with no alcohol sales shall be permitted without a conditional use permit. (3522-2/02) (Y) Limited Neighborhood N*otification requirements when no entitlemen -r&5� t �e� 2;pursuant to Chapter 241. «ti fi-e,to of 0 pli „t shall nwt;rso ...jaeontpf:epefty .+� Huntington Beach Zoning and Subdivision Ordinance Chapter 211 211-7 2/02 March 16, 2004 2 Ar.,ti. of. plie.,ti., shall ia6lude the felle ncnn niem 6. Nature of the proposed development shall b@ 441y dis6losed i,, tl,o 0e66e-. k 5�''^� a Dl,fining Tlepa ft„-,e„t phone n mbe,-and .,ad, of City_Hall sh.,pfevll l.e idea in the aotie@ to ..,,11 fe viewingplans. (3522 2iQ2) e The date b ,.hieh any eamme-„tn must her-eeeived in ,-iting by tl,e f Pl.,n„ing Pe.,.,,-t.v,e.,t shallr-eeeiventi,•e lint innl„ding name and 211.06 CO, CG and CV Districts: Development Standards The following schedule prescribes development standards for the CO, CG and CV districts. The first three columns prescribe basic requirements for permitted and conditional uses in each district. Letters in parentheses in the "Additional Requirements" column refer to standards following the schedule or located elsewhere in the zoning ordinance. In calculating the maximum gross floor area as defined in Chapter 203, the floor area ratio is calculated on the basis of net site area. Fractional numbers shall be rounded down to the nearest whole number. All required setbacks shall be measured from ultimate right-of-way and in accordance with definitions set forth in Chapter 203, Definitions. (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 211 211-8 2/02 March 16, 2004 CO, CG and CV DISTRICTS DEVELOPMENTSTANDARDS CO CG CV Additional Requirements Residential Development (A)(B) Nonresidential Development (B) Minimum Lot Area(sq. ft.) 10,000 10,000 10,000 (C) Minimum Lot Width (ft.) 100 100 100 Minimum Setbacks Front(ft.) 10 10 0 (D)(E)(0) Side (ft.) 5 0 0 (F) Street Side (ft.) 10 10 0 (E) Rear(ft.) 5 0 0 (F) Maximum Height of Structures (ft.) 40 50 50 (F)(G) Maximum Wall Dimensions (N) Maximum Floor Area Ratio (FAR) 1.0 1.5 1.5 Minimum Site Landscaping(%) 8 8 8 (H)(I) Building Design Standards (0) Fences and Walls (J)(K) Off-Street Parking/Loading (L) Outdoor Facilities See Section 230.74 (M) Screening of Mechanical Equipment See Section 230.76 (M) Refuse Storage Areas See Section 230.78 Underground Utilities See Chapter 17.64 Performance Standards See Section 230.82 Nonconforming Structures See Chapter 236 Signs See Chapter 233 CO, CG, and CV Districts: Additional Development Standards (A) Dwelling units shall be subject to the standards for minimum setbacks, height limits, maximum density, open space, balconies and bay windows, and parking for the RMH District. The setback standards shall apply only to the stories of a building that are intended for residential use. (B) See Section 230.62: Building Site Required and Section 230.64: Development on Substandard Lots. (C) The minimum site area for a hotel or motel is 20,000 square feet. (D) See Section 230.68: Building Projections into Yards and Required Open Space. Double-frontage lots shall provide front yards on each frontage. Huntington Beach Zoning and Subdivision Ordinance Chapter 211 211-9 6/97 March 16, 2004 (E) A minimum 50-foot setback is required along Beach Boulevard, Pacific Coast Highway and Edinger Avenue or 25-foot setback with the setback area entirely landscaped. (F) Along a side or rear property line abutting an R district, a 10-foot setback is required, and structures within 45 feet of the district boundary shall not exceed 18 feet in height. (G) See Section 230.70: Measurement of Height and Section 230.72: Exceptions to Height Limits. (H) Planting Areas: (1) Required front and street side yards shall be planting areas except properties with 50 foot setback shall provide a minimum 10 foot wide planting area along street frontages. (2) Required side and rear yards shall be planting areas or shall be enclosed by a solid concrete or masonry wall at least 6 feet in height. (3) Hotels and Motels. A 15-foot wide landscaped strip shall be provided along all street frontages, except for necessary driveways and walks. (I) See Chapter 232: Landscape Improvements. (J) See Section 230.88: Fencing and Yards. (K) A solid masonry or concrete wall at least 6 feet in height shall adjoin the site of an existing ground-floor residential use. However, where the portion of the site within 10 feet of the front property line is occupied by planting area or by a building having no openings except openings opposite a street property line, the Director may grant an exception to this requirement. A wall within 15 feet of a street property line shall not exceed 3.5 feet in height. (L) See Chapter 231: Off-Street Parking and Loading. (M) See Section 230.44: Recycling Operations and Section 230.80: Antennae. (N) A front or street side wall surface shall be no longer than 100 feet without a break, a recess or offset measuring at least 20 feet in depth and one-quarter of the building length, or a series of offsets,projections or recesses at intervals of not more than 40 feet that vary the depth of the building wall by a minimum of 4 feet. The Director may grant exceptions or allow these standards to be modified for exceptional or unique structures subject to Design Review, Chapter 244. (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 211 211-10 6/97 March 16, 2004 2Q ft. 20ft. 1 Max.100 ft. —100 ft•—`f'— unbroken wall--' 25 ft. or more I ��100 f�t�•� Single Horizonal Offsets: 20ft. Max. 100 ft. unbroken wall 2 ft.� 20ft. � FT ft Min. 4 . P, —:I recess ? -- 25 ft. 25% of wall or more must be varied 1 Variable Offsets: 20 ft. and 4 ft. 211-OFFS MAXIMUM WALL LENGTH AND REQUIRED BREAK (0) Two building design standards are established to make commercial areas more attractive and provide a unified streetscape: (1) In the CV District a 10-foot minimum upper-story setback is required above the second story along street frontages. (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 211 211-11 6/97 March 16, 2004 1 Required Setback 1 Max.two stories without vertical break ' 211-cvsB. CV DISTRICT: UPPER-STORY SETBACK (2) In the CO and CV Districts, and on frontages adjacent to major or primary arterials in the CG District at least 40 percent of a building surface may be located at the minimum setback line if additional landscaping is provided on the site. Min. 40 percent of front building elevation at setback line Setback line - - - - - - - - - - - - - - - - 211-FACE.BMP BUILDING FACE AT SETBACK LINE 211.08 Review of Plans All applications for new construction, initial establishment of use, exterior alterations and additions shall be submitted to the Planning Department for review. Discretionary review shall be required as follows: (3522-2/02) A. Zoninjz Administrator Review. Projects requiring a conditional use permit from the Zoning Administrator; projects on substandard lots; see Chapter 241. B. Design Review Board. Projects within redevelopment project areas and areas subject to specific plans; projects within 500 feet of a PS District; see Chapter 244. C. Planning Commission. Projects requiring a conditional use permit from the Planning Commission; see Chapter 241. D. Projects in the Coastal Zone. A Coastal Development Permit is required unless the project is exempt; see Chapter 245. Huntington Beach Zoning and Subdivision Ordinance Chapter 211 211-12 2/02 I, ORDINANCE NO. 3640 AN ORDINANCE OF THE CITY OF HUNTINGTON BE H AMENDING CHAPTER 212 OF THE HUNTINGTON B ACH ZONING AND SUBDIVISION ORDINANCE ENTI ED INDUSTRIAL DISTRICTS The City Council of the City of Huntington Beach does hereby dain as follows: SECTION 1. Chapter 212 of the Huntington Beach Zonin nd Subdivision Ordinance is hereby amended to read as follows: �_-T,.,..;x�„��.;. .F=,= �� ;._�.•;� •,: -,:sue ,,,_.::,. : .: �. �«--F,.;.,_ . �' .'��,. �r 212 Industrial �is>�r,�ctss _l%a rater , :aM-kt¢�.�-r'.�:�..�:�-.'ate-.,:, .��'�_.,. �>,�.�.�+�,cs=sa., Sections: 212.02 Industrial District/ed 212.04 IG and IL Districtontrols 212.06 IG and IL Districtent Standards 212.08 Review of Plans 212.02 Industrial Districts EstaTwo (2) industrial zoning districts are eshis chapter as follows: A. The IG General Industrialides sites for the full range of manufacturing, industrial processingZrial urce and energy production, general service, and distribution. B. The IL Limited InduDistrict provides sites for moderate-to low-intensity industrial uses, com ercial services and light manufacturing. 212.04 IG and IL Distri s: Land Use Controls In the following schedules, left r designations are used as follows: "P" designates use cl sifications permitted in the I districts. "L" designates use lassifications subject to certain limitations prescribed by the "Additional Provisions" whic follow. "PC" designate se classifications permitted on approval of a conditional use permit by the Planning Com ission. "ZA" design es use classifications permitted on approval of a conditional use permit by the Zoning Ad inistrator. "TU" des* nates use classifications allowed upon approval of a temporary use permit by the Zoning dministrator. lip/Ulf or 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. ord/04zoning/chapt 212/4/5/04 Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to requirements following the schedule or located elsewhere in this ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. IG AND IL P - Permitted ;r 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 ZA ZA (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 L-12 L-12 Eating& Drinking Establishments L-3 L-3 w/Live Entertainment ZA ZA (S)(U) Food & Beverage Sales ZA ZA Hospitals and Medical Clinics - PC Laboratories P P Maintenance & Repair Services P P Marine Sales and Services P P Nurseries P P Offices, Business & Professional L-1 L-1 (H) ord/04zoning/chapt 212/4/5/04 2 IG AND IL P - Permitted DISTRICTS: L - Limited(see Additional Provisions) LAND USE PC - Conditional use permit approved by Planning C fission CONTROLS ZA - Conditional use permit approved by Zoning ministrator TU - Temporary Use Permit P/U - Requires conditional use permit on site o conditional use Not Permitted Additional IL Provisions Personal Enrichment L-9 L-9 (U) Personal Services L-1 L-1 Quasi Residential PC PC (K) Research& Development Services P P Sex Oriented Businesses L-11 L-11 (regulated by HBMC Chapter 5.70) Sex Oriented Businesses PC PC (R) (regulated by HBMC Chapters 5.24 & 5.6 Swap Meets, Indoor/Flea Markets PC PC (Q) Vehicle/Equipment Sales & Services Service Stations L-4 L-4 Vehicle/Equipment Repair P P Vehicle/Equip. Sales/Rentals L-5 L-5 Vehicle Storage P ZA (1) 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 St ctures P/U P/U (C) Temporary Uses Commercial Filmin , Limited P P (T) Real Estate Sales P P Trade Fairs P P (E) Nonconformin Uses (F) 1 ord/04zoning/chapt 212/4/5/04 3 IG AND IL Districts: Additional Provisions L-1 Only allowed upon approval of a conditional use permit by the Zoning Administrator for a mixed use project, subject to the following requirements: Minimum site area: 3 acres Maximum commercial space: 35 percent of the gross floor area and 50 percent of the ground floor area of buildings fronting on an arterial highway. Phased development: 25 percent of the initial phase must be designed for industrial occupancy. For projects over 500,000 square feet, the initial phase must include 5 percent of the total amount of industrial space or 50,000 square feet of industrial space, whichever is greater. L-2 Allowed upon approval of a conditional use permit by the Zoning Administrator when. designed and oriented for principal use by employees of the surrounding industrial development or when designed for general public use, after considering vehicular access and parking requirements. L-3 Allowed 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 Zoning Administrator. 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 Zoning Administrator. No day care, elementary or secondary schools are permitted. L-7 Recycling Operations as an accessory use are permitted; recycling operations as a primary use are allowed upon approval of a conditional use permit by the Zoning Administrator. L-8 Allowed upon conditional use permit approval by the Zoning Administrator when a single building with a minimum area of 100,000 square feet is proposed on a site fronting an arterial. The primary tenant shall occupy a minimum 95% of the floor area and the remaining 5% may be occupied by secondary tenants. L-9 Permitted if the space is 5,000 square feet or less; allowed by Neighborhood Notification pursuant to Chapter 241 if the space is over 5,000 square feet. ord/04zoning/chapt 212/4/5/04 4 IG AND IL Districts: Additional Provisions(continued) L-10 Allowed by conditional use permit approval by the Zoning Administrato or 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 undred feet (500') from any residential use, school,park and recreational facility, r any building used for religious assembly(collectively referred to as a "se itive use") and at least seven hundred fifty feet(750') from another sex oriente usiness. For purposes of these requirements, all distances shall be measured fro the lot line of the proposed sex oriented business to the lot line of the sensitive se or the other sex oriented business. The term "residential use" means any propert zoned RL, RM, RMH, RH, RMP, and any properties with equivalent designations rider any specific plan. To determine such distances the applican shall submit for review a straight line drawing depicting the distances from th lot line of the parcel of land on which the sex oriented business is proposed whic includes all the proposed parking and: 1. the lot line of any other sex iented business within seven hundred fifty feet (750') of the lot line of the roposed sex oriented business; and 2. the lot line of any buildi g used for.religious assembly, school, or park and recreational facility wit in five hundred (500') feet of the lot line of the proposed sex oriented usiness; and 3. the lot line of any p cel of land zoned RL, RM, RMH, RH, and RMP and any parcels of land wi 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 th building, including the entrance and signage, shall not be visible from any maj , primary or secondary arterial street as designated by the Circulation Elemen of the General Plan adopted May, 1996, with the exception of Argosy Drive. C. Prior to or conc ently with applying for a building permit and/or a certificate of occupancy for t e building, the applicant shall submit application for Planning Department St ff Review of a sex oriented business zoning permit with the drawing described in bsection A, a technical site plan, floor plans and building elevations, and applicat' n fee. Within ten (10) days of submittal, the Director shall determine if the applica on is complete. If the application is deemed incomplete, the applicant may resub it a completed application within ten (10) days. Within thirty days of receipt o a completed application, the Director shall determine if the application complie with the applicable development and performance standards of the ord/04zoning/chapt 212/4/5/04 5 IG AND IL. Districts: Additional Provisions(continued) 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/04zoning/chapt 212/4/5/04 6 IG AND IL Districts: Additional Provisions(continued) 3. Nature of the sex oriented business, including maximum height and s are footage of the proposed development; 4. The City Hall telephone number for the Department of Co ity Development to call for viewing plans; 5. The date by which any comments must be received in iting by the Department of Community Development. This date hall be ten(10)working days from staff review submittal; and 6. The address of the Department of Community evelopment. F. A sex oriented business may not apply for a vari ce pursuant to Chapter 241 nor a special sign permit pursuant to Chapter 233. G. A sex oriented business zoning permit shall ecome null and void one year after its date of approval unless: 1. Construction has commenced o a Certificate of Occupancy has been issued, whichever comes first; or 2. The use is established. H. The validity of a sex oriented b iness zoning permit shall not be affected by changes in ownership or proprietorship rovided that the new owner or proprietor promptly notifies the Director of the tr sfer. I. A sex oriented business z ing permit shall lapse if the exercise of rights granted by it is discontinued for 12 co secutive months. L-12 For wireless communication f cilities see section 230.96 Wireless Communication Facilities. All other communication fa ities permitted. (3568-9/02) (A) Limited to facilities on sit s of 2 acres or less. (B) A conditional use perm' from the Zoning Administrator is required for any new use or enlargement of an exis ng use, or exterior alterations and additions for an existing use located within 150 re of an R district. The Director may waive this requirement if there is no substantial chang in the character of the use which would affect adjacent residential property in an R Di trict. (C) Accessory office ses incidental to a primary industrial use are limited to 10 percent of the floor area of the rimary industrial use. (Rest of page not used) ord/04zoning/chapt 212/4/5/04 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 permitted and if more than 25 percent 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 Zoning Administrator 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. (M) Development of vacant land and/or additions of 10,000 square feet or more in floor area; or additions equal to or greater than 50% of the existing building's floor area; or additions to buildings on sites located within 300 feet of a residential zone or use for a permitted use requires approval of a conditional use permit from the Zoning Administrator. The Planning Director may refer any proposed addition to the Zoning Administrator if the proposed addition has the potential to impact residents or tenants in the vicinity(e.g., increased noise, traffic). (3254-10/94, 3523-2/02) ord/04zoning/chapt 212/4/5/04 8 IG AND IL Districts: Additional Provisions(continued) (N) Major outdoor operations require conditional use permit approval by e Zoning Administrator. Major outside operations include storage yards and ses 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 Market (R) See L-I I(A) relating to locational restrictions. (S) Non-amplified live entertainment greater than 3 feet from a residential zone or use shall be permitted without a conditional use permit. (T) Subject to approval by the Police Departme , Public Works Department, and Fire Department and the Planning Director. (U) Neighborhood notification requirement when no entitlement required pursuant to Chapter 241. 212.06 IG AND IL Districts: Deve opment Standards The following schedule prescribes develo ment standards for the I Districts. The first two columns prescribe basic requirements for permitt d and conditional uses in each district. Letters in parentheses in the "Additional Require ents" 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 c culated on the basis of net site area. Fractional numbers shall be rounded down to the nearest wh e number. All required setbacks shall be measured from ultimate right-of-way and in accor ance with definitions set forth in Chapter 203, Definitions. Rest of Page Not Used r ord/04zoning/chapt 212/4/5/04 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.) 0 15 (E)(F) Street Side (ft.) 10 10 Rear(ft.) 0 0 (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 IG AND IL Districts: Development Standards(continued) Additional IG IL Requirements 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. (B) Smaller lot dimensions for new parcels may be permitted by the Zoning Administrator with an approved development plan and tentative subdivision map. ord/04zoning/chapt 212/4/5/04 10 IG AND IL Districts: Additional Development Standards (continued) (C) See Section 230.68: Building Projections into Yards and Required Open S ce. Double- frontage lots shall provide front yards on each frontage. (D) The minimum front setback shall 10 feet and the average setback 20 et, except for parcels fronting on local streets where only a 10 foot setback is required. All I Districts: An additional setback is required for buildings a ceeding 25 feet in height(1 foot for each foot of height) and for buildings exceeding 15 et in length(1 foot for each 10 feet of building length) up to a maximum setback of 30 feet.0 f (E) In all I districts, a 15-foot setback is required abutting an district and no openings in buildings within 45 feet of an R district. (F) A zero-side yard setback may be permitted in the I d' tricts,but not abutting an R district, provided that a solid wall at the property line is co tructed of maintenance-free masonry material and the opposite side yard is a minimum f 30 feet. Exception. The Zoning Administrator may app ove a conditional use permit to allow a 15- foot interior side yards opposite a zero-side y d on one lot, if an abutting side yard at least 15 feet wide is provided and access easements e recorded ensuring a minimum 30-foot separation between buildings. This 30-foo accessway must be maintained free of obstructions and open to the sky, and no ening for truck loading or unloading shall be permitted in the building face fronting o the accessway unless a 45-foot long striped areas is provided solely for loading and unloa ' g entirely within the building. (G) See Section 230.70: Measurement o Height. Within 45 feet of an R district, no building or structure shall exceed a height of 1 feet. (H) PlantingAreas.reas. Required �firont nd street-side yards adjacent to a public right-of-way shall be planting areas except fo ne essary drives and walks. A 6-foot wide planting area shall be provided adjacent to an R dis ict and contain one tree for each 25 lineal feet of planting area. (I) See Chapter 232: Landscap Improvements. (J) Truck or rail loading, do facilities, and the doors for such facilities shall not be visible from or be located within 45 eet of an R district. (K) See Section 230.80: ntennae. (L) Noise. No new us shall be permitted, or exterior alterations and/or additions to an existing use allowed, withi 150 feet of an R district until a report prepared by a California state- licensed acoustic 1 engineer is approved by the Director. This report shall include recommended ise mitigation measures for the industrial use to ensure that noise levels will conform with hapter 8.40 of the Municipal Code. The Director may waive this requirement for change of se or addition or exterior alteration to an existing use if it can be established that there h been no previous noise offense, that no outside activities will take place, or if adequate ise mitigation measures for the development are provided. (M) Group sidential or accessory residential uses shall be subject to standards for minimum setbacks and height of the RH District. ord/04zoning/chapt 212/4/5/04 11 212.08 Review of Plans All applications for new construction and exterior alterations and additions shall be submitted to the Planning Department for review. Discretionary review shall be required as follows: 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. B. Design Review Board. Projects within redevelopment project areas and areas within 500 feet of a PS district; see Chapter 244. C. Planning Commission. Projects requiring a conditional use permit from the Commission. D. Projects in the Coastal Zone. A Coastal Development Permit is required unless the project is exempt; see Chapter 245. 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 day of , 2004. Mayor ATTEST: APPROVED AS TO FORM: City Clerk `I &f City Attomey 1(:�Wc� REVIEWED AND APPROVED: INITIA D AND APPROVED: J City dministrator Director of Planning ord/04zoning/chapt 212/4/5/04 12 March 16,2004 LEGISLATIVE DRAFT Chapter 212 I Industrial Districts (3254-10/94,3378-2/98,3523-2/02,3568-9/02) Sections: 212.02 Industrial Districts Established 212.04 IG and IL Districts: Land Use Controls 212.06 IG and IL Districts: Development Standards 212.08 Review of Plans 212.02 Industrial Districts Established (3254-10/94) Two (2) industrial zoning districts are established by this chapter as follows: (3254-10/94) A. The IG General Industrial District provides sites for the full range of manufacturing, industrial processing, resource and energy production, general service, and distribution. (3254-10/94) B. The IL Limited Industrial District provides sites for moderate- to low-intensity industrial uses, commercial services and light manufacturing. (3254-10/94) 21.2.04 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) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 212-1 9/02 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 PGZA PGZA (L) Day Care, General ZA ZA (3523-2/02) Heliports Maintenance & Service Facilities PC PC (0) Public Safety Facilities P P Religious Assembly L-10 L-10 Schools, Public or Private L-6 L-6 Utilities, Major PC PC Utilities, Minor L-7 L-7 (P) Commercial Uses (D)(M) Ambulance Services ZA ZA Animal Sales and Services Animal Boarding ZA ZA (3523-2102) Animal Hospitals ZA ZA (3523- 2/02) Artists' Studios P P Banks and Savings and Loans L11 L-1 Building Materials and Services P P Catering Services - P Commercial Filming ZA ZA Commercial Recreation and Entertainment L-2 L-2 Communication Facilities L-12 L-12 (3568-9/02) Eating & Drinking Establishments Lr3 Lr3 w/Live Entertainment ZA ZA (S)(U)(3523-2/02) Food & Beverage Sales ZA ZA (3523-2/02) Hospitals and Medical Clinics - PC Laboratories P P Maintenance & Repair Services P P Marine Sales and Services P P Nurseries P P Offices, Business& Professional L-1 L-1 (H) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 212-2 09/02 IG AND IL P - Permitted DISTRICTS: L - Limited (see Additional Provisions) LAND USE PC - Conditional use permit approved by Planning Commission CONTROLS ZA - Conditional use permit approved by Zoning Administrator TU - Temporary Use Permit P/U - Requires conditional use permit on site of conditional use - Not Permitted Additional IG IL Provisions Personal Enrichment L-9 L-9 (U) (3523-2/02) Personal Services L-1 L-1 Quasi Residential PC PC (K) Research & Development Services P P Sex Oriented Businesses L-11 L-11 (3378-2/98) (regulated by HBMC Chapter 5.70) (3378-2/98) Sex Oriented Businesses PC PC (R) (3378-2/98) (regulated by HBMC Chapters 5.24 & 5.60) (3378-2/98) Swap Meets, Indoor/Flea Markets PC PC (Q) Vehicle/Equipment Sales & Services Service Stations L-4 Lr4 Vehicle/Equipment Repair P P Vehicle/Equip. Sales/Rentals Lr5 L-5 Vehicle Storage P ZA (1) Visitor- n,.,.,,,,.,,,. o tion- AG PC (K} Warehouse and Sales Outlets L-8 L-8 Industrial (See Chapter 204) (B)(M)(N) Industry, Custom P P Industry, General P P Industry, Limited P P Industry, R& D P P Wholesaling, Distribution & Storage P P Accessory Uses Accessory Uses and Structures P/U P/U (C) Temporary Uses Commercial Filming, Limited P P (T) (3523-2/02) Real Estate Sales T-UP T-UP (3523- 2/02) Trade Fairs WP T-UP (E) Nonconforming Uses (F) fituhtington Beach Zoning and Subdivision Ordinance Gh2 pter 212 212-3 2/02 IG AND IL Districts: Additional Provisions L-1 Only allowed upon approval of a conditional use permit by the Planning Commission Zoning Administrator 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 Gammissien Zoning Administrator when designed and oriented for principal use by employees of the surrounding industrial development or when designed for general public use, after considering vehicular access and parking requirements. (3254-10/94) L-3 Allowed upen appr-av^' ^f^ ^ „ditto„al use peFmit by the when in a free-standing structure or as a secondary use in a building provided that no more than 20 percent of the floor area is occupied by such a use. (3254-10/94,3523-2/02) L-4 Only stations offering services primarily oriented to businesses located in an I District are allowed with a conditional use permit by the Planning Commission Zoning Administrator. (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 Zoning Administrator. 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 Planni g Geffiffliss Zoning Administrator. (3254-10/94) L-8 Allowed upon conditional use permit approval by the D'.,n ing Commission Zoning Administrator when a single building with a minimum area of 100,000 square feet is proposed on a site fronting an arterial. The primary tenant shall occupy a minimum 95% of the floor area and the remaining 5% may be occupied by secondary tenants. (3254-10/94) L-9 Permitted if the space is�00 5,000 square feet or less; allowed by^^„ai+�^�^' Neighborhood Notification pursuant to Chapter 241 g ^aminiStFater if the space is over 2—,5-00 5,000 square feet. (3254-10/94,3523-2/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 212-4 2/02 IG AND IL Districts: Additional Provisions(continued) L-10 Allowed by conditional use permit approval by the Zoning Administrator for a period of time not to exceed five (5) years. (3254-10/94,3523-2/02) L-11 Allowed subject to the following requirements: (3378-2/98) A. A proposed sex oriented business shall be at least five hundred feet(500') from any residential use, school, park and recreational facility, or any building used for religious assembly(collectively referred to as a "sensitive use") and at least seven hundred fifty feet(750') from another sex oriented business. For purposes of these requirements, all distances shall be measured from the lot line of the proposed sex oriented business to the lot line of the sensitive use or the other sex oriented business. The term "residential use" means any property zoned RL, RM, RMH, RH, RMP, and any properties with equivalent designations under any specific plan. (3378-2/98) To determine such distances the applicant shall submit for review a straight line drawing depicting the distances from the lot line of the parcel of land on which the sex oriented business is proposed which includes all the proposed parking and: (3378-2/98) 1. the lot line of any other sex oriented business within seven hundred fifty feet (750') of the lot line of the proposed sex oriented business; and (3378-2/98) 2. the lot line of any building used for religious assembly, school, or park and recreational facility within five hundred (500') feet of the lot line of the proposed sex oriented business; and (3378-2/98) 3. the lot line of any parcel of land zoned RL, RM, RMH, RH, and RMP and any parcels of land with equivalent designations under any specific plans within five hundred feet(500') of the lot line of the proposed sex oriented business. (3378-2/98) B. The front facade of the building, including the entrance and signage, shall not be visible from any major, primary or secondary arterial street as designated by the Circulation Element of the General Plan adopted May, 1996, with the exception of Argosy Drive. (3378-2/98) C. Prior to or concurrently with applying for a building permit and/or a certificate of occupancy for the building, the applicant shall submit application for Planning Department Staff Review of a sex oriented business zoning permit with the drawing described in subsection A, a technical site plan, floor plans and building elevations, and application fee. Within ten (10) days of submittal, the Director shall determine if the application is complete. If the application is deemed incomplete, the applicant may resubmit a completed application within ten (10) days. Within thirty days of receipt of a completed application, the Director shall determine if the application complies with the applicable development and performance standards of the Huntington Beach Zoning and Subdivision Ordinance Chiapter 212 212-5 2/02 IG AND IL Districts: Additional Provisions(continued) Huntington Beach Zoning and Subdivision Ordinance. Said standards include but are not limited to the following: (3378-2/98) 1. Chapter 203, Definitions; Chapter 212, Industrial Districts; Chapter 230, Site Standards; Chapter 231, Off-Street Parking& Loading Provisions; Chapter 232, Landscape Improvements; and Chapter 236,Nonconforming Uses and Structures. (3378-2/98) 2. Chapter 233.08(b), Signs. Signage shall conform to the standards of the Huntington Beach Zoning and Subdivision Ordinance Code except a. that such signs shall contain no suggestive or graphic language, photographs, silhouettes, drawings, statues, monuments, sign shapes or sign projections, or other graphic representations, whether clothed or unclothed, including without limitation representations that depict "specified anatomical areas" or "specified sexual activities"; and (3378- 2/98) b. only the smallest of the signs permitted under Chapter 233.08(b) shall be visible from any major, primary or secondary arterial street, such streets shall be those designated in the Circulation Element of the General Plan adopted May, 1996, with the exception of Argosy Drive. 3. Compliance with Huntington Beach Municipal Code Chapter 5.70. (3378-2/98) D. The Director shall grant or deny the application for a sex oriented business zoning permit for a sex oriented business. There shall be no administrative appeal from the granting or denial of a permit application thereby permitting the applicant to obtain prompt judicial review. (3378-2/98) E. Ten (10) working days prior to submittal of an application for a sex oriented business zoning permit for Staff Review, the applicant shall: .(i) cause notice of the application to be printed in a newspaper of general circulation; and (ii) give mailed notice of the application to property owners within one thousand (1000') feet of the proposed location of the sex oriented business; and the City of Huntington Beach, Department of Community Development by first class mail. (3378-2/98) The notice of application shall include the following: (3378-2/98) 1. Name of applicant; (3378-2/98) 2. Location of proposed sex oriented business, including street address (if known) and/or lot and tract number; (3378-2/98) Ountington Beach Zoning and Subdivision Ordinance Chapter 212 212-6 2/98 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. (3378-2198) H. The validity of a sex oriented business zoning permit shall not be affected by changes in ownership or proprietorship provided that the new owner or proprietor promptly notifies the Director of the transfer. (3378-2/98) I. A sex oriented business zoning permit shall lapse if the exercise of rights granted by it is discontinued for 12 consecutive months. (3378-2/98) L-12 For wireless communication facilities see section 230.96 Wireless Communication Facilities. All other communication facilities permitted. (3568-9/02) (A) Limited to facilities on sites of 2 acres or less. (3254-10/94) (13) 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) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 212-7 9/02 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 permitted and if more than 25 percent 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 Gammission Zoning Administratorand 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 1.0 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) (M) Development of vacant land and/or additions of 10,000 square feet or more in floor area; or additions equal to or greater than 50% of the existing building's floor area; or additions to buildings on sites located within 300 feet of a residential zone or use for a permitted use requires approval of a conditional use permit from the Zoning Administrator. The Planning Director may refer any proposed addition to the Zoning Administrator if the proposed addition has the potential to impact residents or tenants in the vicinity(e.g., increased noise, traffic). (3254-10/94,3523-2/02) HUhtington Beach Zoning and Subdivision Ordinance Chapter 212 212-8 02/02 IG AND IL Districts: Additional Provisions(continued) (N) Major outdoor operations require conditional use permit approval by the Planning Zoning Administrator. 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, 337s-2/9s) (S) Non-amplified live entertainment greater than 300 feet from a residential zone or use shall be permitted without a conditional use permit. (3523-2/02) (T) Subject to approval by the Police Department, Public Works Department, and Fire Department and the Planning Director. (3523-2/02) (U) kited Neighborhood notification requirements when no entitlement required pursuant to Chapter 241. (3523-2/02) aer.upaney, applieant shall natiee adjaeont pro. md tenants by first elass a. Nafne- Of aPP1i6af1t--43&93-9iQ24 0. Nature of the proposed development shall be fully diselese l i the not;^o.43&2-3- 2424 d 121am4ing Pepaftment phone-, number A4;d addr-ess Af City 14all shall b@ DepaFtment and City appeal pfoeedufes-.4a&2a4io24 thoseFeGOiViH9 the fflai1i fi- i9&2 242 212.06 IG AND IL Districts: Development Standards The following schedule prescribes development standards for the I Districts. The first two columns prescribe basic requirements for permitted and conditional uses in each district. Letters in parentheses in the "Additional Requirements" column reference requirements following the schedule or located elsewhere in this ordinance. In calculating the maximum gross floor area as defined in Chapter 203, the floor area ratio is calculated on the basis of net site area. Fractional numbers shall be rounded down to the nearest whole number. All required setbacks shall be measured from ultimate right-of-way and in accordance with definitions set forth in Chapter 203, Definitions. (3254- 10/94) Huntington Beach Zoning and Subdivision Ordinance CMapter 212 212-9 2/02 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.) 0 15 (E)(F) Street Side (ft.) 10 10 Rear(ft.) 0 0 (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 IG AND IL Districts: Development Standards(continued) Additional IG IL Requirements 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) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 212-10 10/94 IG AND IL Districts: Additional Development Standards (continued) (C) See Section 230.68: Building Projections into Yards and Required Open Space. Double- frontage lots shall provide front yards on each frontage. (3254-10/94) (D) The minimum front setback shall 10 feet and the average setback 20 feet, except for parcels fronting on local streets where only a 10 foot setback is required. (3254-10/94) All I Districts: An additional setback is required for buildings exceeding 25 feet in height(1 foot for each foot of height) and for buildings exceeding 150 feet in length (1 foot for each 10 feet of building length) up to a maximum setback of 30 feet. (3254-10/94) (E) In all I districts, a 15-foot setback is required abutting an R district and no openings in buildings within 45 feet of an R district. (3254-10/94) (F) A zero-side yard setback may be permitted in the I districts, but not abutting an R district, provided that a solid wall at the property line is constructed of maintenance-free masonry material and the opposite side yard is a minimum of 30 feet. (3254-10/94) Exception. The Zoning Administrator of Planniag Gammission 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) (1) 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) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 212-11 10/94 IG AND IL Districts: Additional Development Standards (continued) (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 Developm Planning Department for review. Discretionary review shall be required as follows: (3254-10/94) A. Zoning Administrator Review. Projects requiring a conditional use permit from the Zoning Administrator; projects including a zero-side yard exception; projects on substandard lots. (3254-10/94) B. Design Review Board. Projects within redevelopment project areas and areas within 500 feet of a PS district; see Chapter 244. (3254-10/94) C. Planning Commission. Projects requiring a conditional use permit from the Commission. (3254-10/94) D. Projects in the Coastal Zone. A Coastal Development Permit is required unless the project is exempt; see Chapter 245. (3254-10/94) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 212-12 10/94 ORDINANCE NO. 36411 i AN ORDINANCE OF THE CITY OF H/and ACH AMENDING CHAPTER 214 OF THE HBEACH ZONING AND SUBDIVISION ORDITLED PS PUBLIC-SEMIPUBLIC The City Council of the City.of Huntington Beach doe as follows: SECTION 1. Chapter 214 of the Huntington Beach Zivision Ordinance is hereby amended to read as follows: ^ - o-IV 4g.%%¢2 r UM s"Vi`; S;ay �Cha ^„=�„";,.�:,.:r.:�.�'�z�•':�` c:e�. �` ssr �x;.+e;,,. :,1•R°`:.. �:,�>x -,Ki ;.;�,w -;:sY-'.�F�..�;., .'�.;rY7a�,'^�. Sections: 214.02 Public-Semipublic Distri t Established 214.04 Applicability 214.06 PS District: Land Use ontrols 214.08 PS District: Develop ent Standards 214.10 Review of Plans 214.02 Public-Semipublic District tablished The PS Public-Semipublic District is esta lished by this chapter. This district provides areas for large public or semipublic uses. The int t of this district in the coastal zone is to implement the Public, Quasi-Public, and Institutional 1 nd use designation of the certified Local Coastal Program Land Use Plan. 214.04 Applicability The PS District shall be the base strict for the use classifications listed in Section 214.06 where these have a contiguous site area f 2 acres or more, including alleys, streets, or other rights-of-way. This requirement does not apply, o Public-Semipublic use classifications in commercial districts. Public-semipublic use classific tions on sites of less than 2 acres shall be subject to the provisions of the base and overlay districts i which they are located. 214.06 PS District: L nd Use Controls In the following schedule, tter designations are used as follows: "P" designates us classifications permitted in PS districts. "L" designates e class ifications'subject to certain limitations prescribed by the "Additional Provisions" which follow. "PC" designa s use classifications permitted on approval of a conditional use permit by the Planning Co mission. "TU" desi ates use classifications allowed on approval of a temporary use permit. ord/04zoningchap 214/4/5/04 1 I , "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. 1 Huntington Beach Zoning and Subdivision Ordinance 1 PS DISTRICT: P = Permitted LAND USE CONTROLS L = Limited (see Additional Provisions) PC = Conditional use permit approved by Planning Commission TU = Temporary Use Permit P/U = Requires conditional use permit on site of a conditional use Additional PS Provisions Public and Semipublic Cemetery PC Cultural Institutions PC Day Care, General PC Government Offices L-1 Hospitals PC Maintenance & Service Facilities L-I Park& Recreation Facilities PC Public Safety Facilities PC Religious Assembly ZA Residential Care, General PC Schools, Public or Private PC Utilities, Major PC Utilities, Minor P Commercial Uses Commercial Parking Facility L-3 Communication Facilities L-4 Eating and Drinking Establishments L-2 Vehicle/Equipment Sales and Services L-1 Accessory Uses Accessory Uses and Structures P/U Temporary Uses (A) Animal Shows TU Circuses and Carnivals TU Commercial Filming, Limited TU Trade Fairs P Nonconforming Uses (B) ord/04zoningchap 214/4/5/04 2 PS District: Additional Provisions L-1 City-owned facilities are permitted; all other facilities require a cond' onal use permit from the.Zoning Administrator. L-2 Permitted as an accessory use in a cultural, educational, hospit , or medical institution occupying no more than 5,000 square feet, only if there is no eparate entrance or sign. L-3 Public parking permitted, but commercial parking faciliti on City-owned land require a conditional use permit from the Zoning Administrator. L-4 Only wireless communication facilities permitted su ect to Section 230.96 Wireless Communication Facilities. (3568-9/02) (A) See Section 241.20: Temporary Use Permits. (B) See Chapter 236:Nonconforming Uses and ructures. 214.08 PS District: Development Sta ards The following schedule prescribes develop ent standards for the PS district. The first column prescribes basic requirements for permitte and conditional uses in the district. Letters in parentheses in the "Additional Require nts" column refer to standards following the schedule or located elsewhere in the zoning ordina e. In calculating the maximum gross floor area as defined in Chapter 203,the floor area ratio is alculated on the basis of net site area. Fractional numbers shall be rounded down to the neares Bole number. All required setbacks shall be measured from ultimate right-of-way and in accor nce with definitions set forth in Chapter 203 Definitions. (Rest of page not used) ord/04zoningchap 214/4/5/04 3 PS DISTRICT DEVELOPMENT STANDARDS PS Additional Requirements Nonresidential Development (A) Minimum Lot Area 2 ac Minimum Lot Width (ft.) 100 Minimum Setbacks Front(ft.) 10 (B)(C)(M) Side (ft.) 0 (D) Street Side (ft.) 10 (C) Rear(ft.) 0 (D) Maximum Height of Structures(ft.) 50 (D)(E)(N) 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 . M 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: (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. ord/04zoningchap 214/4/5/04 4 (2) A 10-foot wide landscaped strip shall be provided along all stre frontages, except for necessary driveways and walks. (G) See Chapter 232: Landscape Improvements. (H) See Section 230.88: Fencing and Yards. (1) A solid masonry or concrete wall at least 6 feet in height all adjoin the site of an existing ground-floor residential use: However, where the porti of the site within 10 feet of the front property line is occupied by planting area or by uilding having no openings except openings opposite a street.property line, the Director ay grant an exception to this requirement. A wall within 15 feet of a street prop rty line shall not exceed 3.5 feet in height. (J) See Chapter 231: Off-Street Parking and Load' g. (K) See Section 230.44 Recycling Operations a d Section 230.80: Antennae (L) A front or street side wall surface shall b no longer than 100 feet without a break, a recess or offset measuring at least 20 feet in dept and one-quarter of the building length, or a series of offsets, projections or recesses, at inte als of not more than 40 feet that vary the depth of the building wall by a minimum of 4 fee . The Director may grant exceptions or allow these standards to be modified for except' nal or unique structures subject to Design Review, Chapter 244. (M) On frontages adjacent to major primary arterials at least 40 percent of a building surface may be located at the minimu setback line if additional landscaping is provided on the site. (N) In the coastal zone, the maxi um allowable height of structures shall be reduced as necessary to retain compatibility with he established physical scale of the area and to preserve and enhance public visual res rces. 214.10 Review of Plans All applications for new con ruction and exterior alterations and additions shall be submitted to the Community Development partment for review. Discretionary review shall be required for projects requiring conditio al use permits. Design Review shall be required for all projects except temporary uses. A Coast Development Permit is required for projects in the Coastal Zone unless the project is exempt (se Chapter 245). REST OF PAGE NOT USED ord/04zoningchap 214/4/5/04 5 PASSED AND ADOPTED-by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of 12004. Mayor r, ATTEST: APPROVED AS TO FORM: City Clerk City A orney REVIEWED AND APPROVED: INITIAT D AND APPROVED: City A ministrator Director of Planning ord/04zoningchap 214/4/5/04 6 March 16,2004 2 1/ - LEGISLATIVE DRAFT Chapter 214 PS Public-Semipublic District (3334-6/97,3524-2/02,3553-5/02,3568-9/02) Sections: 214.02 Public-Semipublic District Established 214.04 Applicability 214.06 PS District: Land Use Controls 214.08 PS District: Development Standards 214.10 Review of Plans 214.02 Public-Semipublic District Established The PS Public-Semipublic District is established by this chapter. This district provides areas for large public or semipublic uses. The intent of this district in the coastal zone is to implement the Public, Quasi-Public, and Institutional land use designation of the certified Local Coastal Program Land Use Plan. (3334-6/97) 214.04 Applicability The PS District shall be the base district for the use classifications listed in Section 214.06 where these have a contiguous site area of 2 acres or more, including alleys, streets, or other rights-of-way. This requirement does not apply to Public-Semipublic use classifications in commercial districts. 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.(3553-5/02) 214.06 PS District: Land Use Controls In the following schedule, letter designations are used as follows: "P" designates use classifications permitted in PS districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" which follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "TU" designates use classifications allowed on approval of a temporary use permit. "P/U" for an accessory use mean that the use is permitted on the site of a permitted use but requires a conditional use permit on the site of a conditional use. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the zoning ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. Huntington Beach Zoning and Subdivision Ordinance Chapter 214 214-1 9/02 PS DISTRICT: P = Permitted LAND USE CONTROLS L = Limited (see Additional Provisions) PC = Conditional use permit approved by Planning Commission TU = Temporary Use Permit P/U = Requires conditional use permit on site of a conditional use Additional PS Provisions Public and Semipublic Cemetery PC Cultural Institutions PC Day Care, General PC Government Offices L-1 Hospitals PC Maintenance & Service Facilities L-1 Park & Recreation Facilities PC Public Safety Facilities PC Religious Assembly ZA (3524-2/02) Residential Care, General PC Schools, Public or Private PC Utilities, Major PC Utilities, Minor P Commercial Uses Commercial Parking Facility L-3 Communication Facilities L-4 (3568-9/02) Eating and Drinking Establishments L-2 Vehicle/Equipment Sales and Services L-1 Accessory Uses Accessory Uses and Structures P/U Temporary Uses (A) Animal Shows TU Circuses and Carnivals TU Commercial Filming, Limited TU Trade Fairs T-6 P Nonconforming Uses (B) Huntington Beach Zoning and Subdivision Ordinance Chapter 214 214-2 9/02 PS District: Additional Provisions L-1 City-owned facilities are permitted; all other facilities require a conditional use permit from the Zoning Administrator. 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 Zoning Administrator. L-4 Only wireless communication facilities permitted subject to Section 230.96 Wireless Communication Facilities. (3568-9/02) (A) See Section 241.20: Temporary Use Permits. (13) See Chapter 236: Nonconforming Uses and Structures. 214.08 PS District: Development Standards The following schedule prescribes development standards for the PS district. The first column prescribes basic requirements for permitted and conditional uses in the district. Letters in parentheses in the "Additional Requirements" column refer to standards following the schedule or located elsewhere in the zoning ordinance. In calculating the maximum gross floor area as defined in Chapter 203, the floor area ratio is calculated on the basis of net site area. Fractional numbers shall be rounded down to the nearest whole number. All required setbacks shall be measured from ultimate right-of-way and in accordance with definitions set forth in Chapter 203 Definitions. (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 214 214-3 9/02 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.) 0 (D) Street Side (ft.) 10 (C) Rear(ft.) 0 (D) Maximum Height of Structures (ft.) 50 (D)(E)(N) (3334- 6/97) Maximum Floor Area Ratio (FAR) 1.5 Minimum Site Landscaping (%) 8 (F)(G) Building Design Standards N(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. Huntington Beach Zoning and Subdivision Ordinance Chapter 214 214-4 6/97 (F) Planting Areas: (1) Required side and rear yards shall be planting areas or shall be enclosed by a solid concrete or masonry wall at least 6 feet in height. (2) A 10-foot wide landscaped strip shall be provided along all street frontages, except for necessary driveways and walks. (G) See Chapter 232: Landscape Improvements. (H) See Section 230.88: Fencing and Yards. (I) A solid masonry or concrete wall at least 6 feet in height shall adjoin the site of an existing ground-floor residential use. However, where the portion of the site within 10 feet of the front property line is occupied by planting area or by a building having no openings except openings opposite a street property line, the Director may grant an exception to this requirement. A wall within 15 feet of a street property line shall not exceed 3.5 feet in height. (J) See Chapter 231: Off-Street Parking and Loading. (K) See Section 230.44 Recycling Operations and Section 230.80: Antennae (L) A front or street side wall surface shall be no longer than 100 feet without a break, a recess or offset measuring at least 20 feet in depth and one-quarter of the building length, or a series of offsets, projections or recesses, at intervals of not more than 40 feet that vary the depth of the building wall by a minimum of 4 feet. The Director may grant exceptions or allow these standards to be modified for exceptional or unique structures subject to Design Review, Chapter 244. (M) On frontages adjacent to major or primary arterials at least 40 percent of a building surface may be located at the minimum setback line if additional landscaping is provided on the site. (N) In the coastal zone, the maximum allowable height of structures shall be reduced as necessary to retain compatibility with the established physical scale of the area and to preserve and enhance public visual resources. (3334-6/97) 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). Huntington Beach Zoning and Subdivision Ordinance Chapter 214 214-5 6/97 ORDINANCE NO. 3642 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 220 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED OIL PRODUCTION OVERLAY DISTRICT The City Council of the City of Huntington Beach does here/ord follows: SECTION 1. Chapter 220 of the Huntington Beach Zoninision Ordinance is hereby amended to read as follows: liVali"AC er`01-11010 Prgl�:s,::-r,�`3.�,�.�' �3�:.;� :y^a�,x`+�sF�:^�T,t�s. .a .oss-a_:_...-..%,::.;�;:�.�..,a';,;=�.; >� Sections: 220.02 Oil Production Overlay Dis ict Established 220.04 Zoning Map Designator Applicability 220.06 Area Requirements 220.08 Reuse Plan Required 220.10 Criteria for Approval a Reuse Plan 220.12 Site Compliance 220.14 Land Use Controls d Development Standards 220.16 Portable Equipme Required 220.18 Application for D signation 220.20 01 District - De ication Requirements 220.22 Waiver or Red ction of Dedication Requirements 220.24 Criteria for.W iver of Reduction of Dedication Requirements 220.02 Oil Production Over y Districts Established The Oil Production Overlay Distr' t and a subdistrict are established by this chapter as follows: A. The O District pr ides areas to accommodate only oil operations with no drilling. B. An 01 subdistr' t designation provides areas where oil drilling is allowed, subject to a conditional us permit. 220.04 Zoning M Designator and Applicability The zoning map shall ow all property affected by adding an "-O" or "-Ol" to the base district designator. The prov' ions in this chapter shall apply in addition to the requirements of any district with which the O or 1 District is combined. Where conflicts arise, the provisions of this chapter shall govern. 220.06 Ar a Requirements O District: T minimum area required to establish an O District is 1,500 square feet, with a minimum width of 25 feet and a minimum length of 60 feet. ord/04zoning/chap 220/4/5/04 1 01 District: The minimum area required to establish an 01 District is 15,000 square feet, with a minimum width of 100 feet and,a minimum length of 150 feet. 220.08 Reuse Plan Required No land division or development shall occur on land subject to an 0 or 01 Overlay District unless it is in accord with a plan for the disposition or treatment of any existing or proposed oil wells or oil operations within the district that has been approved in writing by the oil operator or lessee and approved by the Director, and consent of Fire Chief in accord with Section 220.10. The subdivider or developer shall send the plan by certified mail to the oil operator or lessee for review, comment and approval. Upon receipt of the oil operator's or lessee's approval and/or comments, the subdivider or developer shall submit the plan and the approval and/or comments to the Director and Fire Chief. A. If the oil operator or lessee has approved the plan, the Fire Chief may recommend the Director approve the plan upon finding it conforms to all applicable provisions of the Municipal Code. B. If the oil operator or lessee does not approve the plan, and if the Director and Fire Chief find the plan in compliance with the Municipal Code, then the plan and any comments of the oil operator or lessee shall be transmitted to the Director. The oil operator or lessee shall be notified by certified mail at least seven days prior to the review. Failure to submit and obtain approval of a reuse plan shall be grounds for disapproval of the proposed subdivision, division of land or development. 220.10 Criteria for Approval of a Reuse Plan The plan may be approved only upon finding that: A. Open space has been reserved around the oil operation site to allow for all existing and future equipment which could reasonably be expected to be used on the site, including any setbacks from new development required by the Fire Chief, B. Access from a public street or alley to all operation sites is provided for portable equipment and emergency vehicles; C. Expansion of the existing facilities, if permitted in the O District, can be accomplished; D. Any proposed development includes all provisions for soundproofing and fire protection required by the Fire Chief, and E. Screening of oil facilities from any new development are included in the reuse plan. F. If located in the coastal zone, the reuse plan is consistent with the certified Local Coastal Program. ord/04zoning/chap 220/4/5/04 2 220.12 Site Compliance No subdivision or developmerit'shall occur on property designated 0 or 01 unless said operty is in compliance with Title 15,the Uniform Fire Code, and any other applicable Federal, S te, County or local rules or regulations, and approved by the Fire Chief. Site compliance includes ut is not limited to oil well abandonment and contaminated soil remediation. 220.14 Land Use Controls and Development Standards The land use controls and development standards applicable in an 0 or 0 District shall be as prescribed by the base zoning district within which it is combined, unle modified by another overlay district and by the following restrictions. A. O District: Any oil operation except drilling is allow , subject to approval by the Fire Chief. B. 01 District: Drilling and any oil operation are all wed, subject to approval of a conditional use permit by the Planning Commis ion. 220.16 Portable Equipment Required No person or persons shall use or cause to be used any equipment in an O District for drilling, redrilling, rework, well servicing or repair except pa able equipment or such other equipment as may be approved by the Fire Department. No pers or persons using such equipment or causing such equipment to be so used, shall maintain or st re said equipment in an O District upon completion of the work for which such equipme was used. 220.18 Application for Designation Any person requesting that an O District b established on a property shall submit the following information to the Director: A. Complete legal descripti of the property. B. Plot plan showing the cation of all existing and proposed oil facilities including, but not limited to, wells, nks, dikes, pipelines, heaters, and storage sheds. The plan shall also show the locati n of accessways from any well to a public street or alley. C. The location of th nearest public road, street, or alley, and occupied residence or commercial stru ure and places of public assembly within 500 feet of each well. 220.20 01 District - edication Requirements Prior to issuance of a dri ing permit for a new well located on any 01 parcel abutting a public street, alley or highway, all re property shall be dedicated or an irrevocable offer of dedication made of such real property wh' h the City requires for streets and alleys, including access rights and abutters' rights, drainage, pub c utility easements, and other public easements. In addition, all streets and alleys shall be imp ved, or an agreement entered into for such improvements, including curbs, gutters, sidewalks, paving, street trees, street lights, and street drainage in full compliance with the City's standards. ord/04zoning/chap 220/4/5/04 J 220.22 Waiver or Reduction of Dedication Requirements An oil operator may apply for a waiver or reduction of dedication and improvement requirements when applying for a conditional use permit for drilling, and any such waiver or reduction, when granted, shall apply only to the well or wells specified in the application. 220.24 Criteria for Modification or Reduction of Dedication Requirements The Director shall approve, conditionally approve, or deny upon consent of Fire Chief and Director of Public Works the request for a waiver or reduction of dedication requirements after considering the following factors: A. Estimated period of time that the proposed new well(s) and related facilities will be in operation; B. Degree of intensity of development of surrounding area; C. Effect of the proposed well on vehicular traffic in the vicinity of the site; and D. Extent of the proposed oil well operation. 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' day of , 2004. Mayor ATTEST: APPROVED AS TO FORM: City Clerk `t`S City ttorney �-rUL{( W, REVIEWED AND APPROVED: INITIATED AND APPROVED: City Aministrator irector of Planning ord/04zoning/chap 220/4/5/04 4 March 16,2004 LEGISLATIVE DRAFT Chapter 220 O Oil Production Overlay District Sections: 220.02 Oil Production Overlay District Established 220.04 Zoning Map Designator and Applicability 220.06 Area Requirements 220.08 Reuse Plan Required 220.10 Criteria for Approval of a Reuse Plan 220.12 Site Compliance 220.14 Land Use Controls and Development Standards 220.16 Portable Equipment Required 220.18 Application for Designation 220.20 01 District- Dedication Requirements 220.22 Waiver or Reduction of Dedication Requirements 220.24 Criteria for Waiver of Reduction of Dedication Requirements 220.02 Oil Production Overlay Districts Established The Oil Production Overlay District and a subdistrict are established by this chapter as follows: A. The O District provides areas to accommodate only oil operations with no drilling. B. An 01 subdistrict designation provides areas where oil drilling is allowed, subject to a conditional use permit. 220.04 Zoning Map Designator and Applicability The zoning map shall show all property affected by adding an "-O" or "-01" to the base district designator. The provisions in this chapter shall apply in addition to the requirements of any district with which the O or 01 District is combined. Where conflicts arise, the provisions of this chapter shall govern. 220.06 Area Requirements O District: The minimum area required to establish an O District is 1,500 square feet, with a minimum width of 25 feet and a minimum length of 60 feet. Ol District: The minimum area required to establish an 01 District is 15,000 square feet, with a minimum width of 100 feet and a minimum length of 150 feet. Huntington Beach Zoning and Subdivision Ordinance Chapter 220 220-1 5197 220.08 Reuse Plan Required No land division or development shall occur on land subject to an O or 01 Overlay District unless it is in accord with a plan for the disposition or treatment of any existing or proposed oil wells or oil operations within the district that has been approved in writing by the oil operator or lessee and approved by the-Director Zoning drain stfater of Planning Commission, and consent of Fire Chief in accord with Section 220.10. The subdivider or developer shall send the plan by certified mail to the oil operator or lessee for review, comment and approval. Upon receipt of the oil operator's or lessee's approval and/or comments, the subdivider or developer shall submit the plan and the approval and/or comments to the Director and Fire Chief A. If the oil operator or lessee has approved the plan, the Fire Chief may recommend the Director approve the plan upon finding it conforms to all applicable provisions of the Municipal Code. B. If the oil operator or lessee does not approve the plan, and if the Director and Fire Chief find the plan in compliance with the Municipal Code, then the plan and any comments of the oil operator or lessee shall be transmitted to the Director. The-Pir-eetaF shall fq�'vavd the plan and eelm 111 men-ts t-pe the Zoning Admiaistr-a4er-or-Planning Commission for-r-eview .; . with the entitlement pr-eeeediags, ifmquir-ed. The oil operator or lessee shall be notified by certified mail at least seven days prior to the review. Failure to submit and obtain approval of a reuse plan shall be grounds for disapproval of the proposed subdivision, division of land or development. 220.10 Criteria for Approval of a Reuse Plan The plan may be approved the plan only upon finding that: A. Open space has been reserved around the oil operation site to allow for all existing and future equipment which could reasonably be expected to be used on the site, including any setbacks from new development required by the Fire Chief, B. Access from a public street or alley to all operation sites is provided for portable equipment and emergency vehicles; C. Expansion of the existing facilities, if permitted in the O District, can be accomplished; D. Any proposed development includes all provisions for soundproofing and fire protection required by the Fire Chief; and E. Screening of oil facilities from any new development are included in the reuse plan. F. If located in the coastal zone, the reuse plan is consistent with the certified Local Coastal Program. (3334) Huntington Beach Zoning and Subdivision Ordinance Chapter 220 220-2 5/97 220.12 Site Compliance No subdivision or development shall occur on property designated 0 or 01 unless said property is in compliance with Title 15, the Uniform Fire Code, and any other applicable Federal, State, County or local rules or regulations, and approved by the Fire Chief. Site compliance includes, but is not limited to oil well abandonment and contaminated soil remediation. 220.14 Land Use Controls and Development Standards The land use controls and development standards applicable in an 0 or 01 District shall be as prescribed by the base zoning district within which it is combined, unless modified by another overlay district and by the following restrictions. A. O District: Any oil operation except drilling is allowed, subject to approval by the Fire Chief. B. 01 District: Drilling and any oil operation are allowed, subject to approval of a conditional use permit by the Planning Commission. 220.16 Portable Equipment Required No person or persons shall use or cause to be used any equipment in an O District for drilling, redrilling, rework, well servicing or repair except portable equipment or such other equipment as may be approved by the Fire Department. No person or persons using such equipment or causing such equipment to be so used, shall maintain or store said equipment in an O District upon completion of the work for which such equipment was used. 220.18 Application for Designation Any person requesting that an O District be established on a property shall submit the following information to the Director: A. Complete legal description of the property. B. Plot plan showing the location of all existing and proposed oil facilities including, but not limited to, wells, tanks, dikes, pipelines, heaters, and storage sheds. The plan shall also show the location of accessways from any well to a public street or alley. C. The location of the nearest public road, street, or alley, and occupied residence or commercial structure and places of public assembly within 500 feet of each well. 220.20 01 District- Dedication Requirements Prior to issuance of a drilling permit for a new well located on any 01 parcel abutting a public street, alley or highway, all real property shall be dedicated or an irrevocable offer of dedication made of such real property which the City requires for streets and alleys, including access rights and abutters' rights, drainage, public utility easements, and other public easements. In addition, all streets and alleys shall be improved, or an agreement entered into for such improvements, including curbs, gutters, sidewalks, paving, street trees, street lights, and street drainage in full compliance with the City's standards. Huntington Beach Zoning and Subdivision Ordinance Chapter 220 220-3 5/97 220.22 Waiver or Reduction of Dedication Requirements An oil operator may apply for a waiver or reduction of dedication and improvement requirements when applying for a conditional use permit for drilling, and any such waiver or reduction, when granted, shall apply only to the well or wells specified in the application. 220.24 Criteria for ref Modification or Reduction of Dedication Requirements The PhInninq Director shall approve, conditionally approve, or deny upon consent of Fire Chief and Director of Public Works the request for a waiver or reduction of dedication requirements after considering the following factors: A. Estimated period of time that the proposed new well(s) and related facilities will be in operation; B. Degree of intensity of development of surrounding area; C. Effect of the proposed well on vehicular traffic in the vicinity of the site; and D. Extent of the proposed oil well operation. Huntington Beach Zoning and Subdivision Ordinance Chapter 220 220-4 5/97 ORDINANCE NO. 3643 AN ORDINANCE OF THE CITY-OF HUNTINGTON BEACH AMENDING CHAPTER 222 OF THE HUNTINGTON BEAC ZONING AND SUBDIVISION ORDINANCE ENTITLED FP FLOODPLAIN OVERLAY DISTRICT The City Council of the City of Huntington Beach does hereby o am as follows: SECTION 1. Chapter 222 of the Huntington Beach Zoning d Subdivision Ordinance is hereby amended to read as follows: 5 ':st r e Chapter �Floodplan Oerlay�kDis cttYF�P1;�FP2FP3) Sections: 222.02 Floodplain Overlay District Establi ed 222.04 Zoning Map Designator; Establis ent of Hazard Areas 222.06 Definitions 222.08 Methods of Reducing Flood H zards 222.10 General Provisions 222.12 Land Use Controls 222.14 Development Standards d Standards of Construction 222.16 Variances/Appeals 222.02 Floodplain Overlay Di rict Established The FP Floodplain Overlay Dist ct is established and applies to all areas of special flood hazard within the City. If not c ntrolled, periodic inundation results in loss of life and property, health and safety h ards, disruption of commerce and government services, extraordinary public expend' ures for flood protection and relief, and impairment of the tax base, all of which adversel affect the public health,safety and general welfare. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard which increase fl od heights and velocities, and when inadequately anchored, damage uses in other a as. Uses that are inadequately floodproofed, elevated or otherwise protected from flood amage also contribute to the flood loss. 222.04 Zoni Map Designators; Establishment of Hazard Areas A. The ar as of special flood hazard identified by the Federal Emergency Management Age y(FEMA) in the Flood Insurance Study for the City of Huntington Beach dat_d August 16, 1982 and delineated on the Flood Insurance Rate Map (FIRM) dated February 16, 1983 (revised September 16, 1989) and the Orange County, County-wide FIRM dated November 3, 1993 and all subsequent revisions and/or amendments are hereby adopted by reference and declared to be a part of this ord/04zoning/chap 222/4/5/04 1 chapter. FEMA's most recent FIRM and flood insurance study(on file with the Director)may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the City Council by the Director. B. Three subdistricts of the FP Overlay District are designated for purposes of flood hazard provisions. 1. -FP 1 Subdistrict shall apply to that area designated as a floodway or right-of-way necessary for implementation of the Santa Ana River Channel Plan by the U.S. Army Corps of Engineers. 2. -FP2 Subdistrict shall apply to FIRM areas A, AE, AO, and AH and any other area determined by the Director to be subject to similar flood hazards. 3. -FP3 Subdistrict shall apply to FIRM areas V or VE and any other area determined by the Director to be subject to similar flood hazard. C. The -FP District boundaries shall be delineated on the Zoning Map by adding a "-FP" designator to the base district designator for the area affected,followed by the appropriate subdistrict designation(1, 2, or 3). 222.06 Definitions Except where the context clearly indicates otherwise, the definitions given in this section shall govern the provisions of this chapter. A. Appeal. A request for review of the Director's interpretation of any provision of this chapter, or a request for a variance. B. Area of shallow flooding. A designated AO or AH zone on the Flood Insurance Rate Map (FIRM) prepared by the Federal Emergency Management Agency (FEMA). The base flood depths range from one to three feet; a clearly-defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. C. Area of special flood hazard. The land in the floodplain within a community subject to a 1 percent or greater chance of flooding in any given year. This area is designated as Zone A, AO, AH, AE, V, and VE on the FIRM. D. Base flood. A flood having a I percent chance of being equaled or exceeded in any given year (also called the 100-year flood). E. Basement. Any area of a building having its floor subgrade on all sides. ord/04zoning/chap 222/4/5/04 2 F. Breakaway. Any type of wall, whether solid or lattice, and wh er constructed of concrete,,,masonry, wood, metal, plastic, or any of r suitable building material which is not part of the structural support of t e building and which is designed to break away under abnormally high tides r wave action without damage to the structural integrity of the building o hich it is used or any building to which it might be carried by flood waters. A breakaway wall shall have a safe design loading resistance of not less than 10 nd no more than 20 pounds per square foot. Use of breakaway walls mus e certified by a California-registered engineer or architect and shall eet the following conditions: I. Breakaway wall collapse shall result from water load less than that which would occur during the base flood; and 2. The elevated portion of the building s 11 not incur any structural damage due to the effects of wind and water loads ting simultaneously in the event of a base flood. G. Coastal high hazard area. The area ubject to high velocity waters including, but not limited to, coastal and tidal in dation.or tsunamis. The area is designated on a FIRM as Zone V and VE and as P3 in this Chapter. H. Development. Any man-ma change to improved or unimproved real estate, including but not limited to uildings or other structures, mining, dredging, filling, grading, paving, excavatin , or drilling operations. I. Existiny,manufactured ome park or subdivision. A manufactured home park or subdivision for which e construction of facilities including utilities,.final grading or paving of pads an the construction of streets was completed before the effective date of the City's fl dplain management regulation. J. Expansion to an isting manufactured home park or subdivision. The preparation of additional m ufactured home sites in an existing manufactured home park or subdivision be and those that had been completed prior to the effective date of the provisions intg. s chapter. K. Flood or o A general and temporary condition of partial or complete inundati of normally dry land areas from the overflow of inland or tidal waters; the unu al and rapid accumulation of runoff of surface waters from any source; mudsl' es; and condition resulting from flood-related_erosion. L. Flo d Insurance Rate Ma FIRM and Flood BoundaEy and Floodway Map. The /te cial maps on which areas of special flood hazard, the risk premium zones and floodway applicable to the community are delineated. M. _ d Insurance Study. The "Flood Insurance Study for the City of Huntington Beach," prepared by the Federal Insurance Administration (FIA), providing flood ord/04zoning/chap 222/4/5/04 3 profiles, the Flood Insurance Rate Maps,the Flood Boundary and Floodway Maps and the water surface elevations of the base flood. N. Floodplain. Any land area susceptible to being inundated by water from any source. O. Floodplain management. The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management control. P. Floodplain management regulations. Zoning and subdivision ordinances, building, codes, health regulations, special purpose ordinances (such as floodplain, grading and erosion control) and other applications of police power. This term describes federal, state or local regulations in any combination thereof which provide standards for the purpose of preventing and reducing flood damage and loss. Q. Floodproofing. Any combination of structural and nonstructural additions,changes or adjustments to nonresidential structures which reduce or eliminate flood damage to real estate or improved real property, water, and sanitary facilities, structures, and their contents. R. Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 1 foot. S. Functionally dependent use. A use which cannot perform its intended purposes unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. T. Highest adjacent grade. The highest natural elevation of the ground surface next to the proposed walls of a structure prior to construction. U. Lowest Floor. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter. V. Mean Sea Level. The National Geodetic Vertical Datum of 1929 or other datum, to which base flood elevations shown on the FIRM are referenced. W. New construction. Structures for which the "start of construction" commenced on or after the effective date of the City's floodplain management control (February 16, 1983). ord/04zoning/chap 222/4/5/04 4 X. Sand dunes. Naturally occurring accumulations of sand in ridges or moun landward of the beach. Y. Start of construction. The date the building permit was issued, prov' ed the actual start of construction, repair, reconstruction, placement, or other i rovement was within 190 days of the permit.date. The actual start means eithe the first placement of permanent construction of a structure on a site, such as the uring of slab or footings, the installation of piles,the construction of colu , or any work beyond the stage of excavation; or the placement of a manufacture home on a foundation. Permanent construction does not include land preparatio such as clearing, grading, and filling; or does it include the installation of streets d/or walkways; or does it include excavation for a basement, footings, piers, or oundations of the erection of temporary forms; or does it include the installation n the property of accessory buildings, such as garages or sheds not occupied dwelling units or not part of the main structure. Z. Substantial damage. Damage of any origin s stained by a structure whereby the cost of restoring the structure to the conditi existing before damage would equal or exceed 50 percent of the market value fore the damage occurred. AA.Substantial improvement. Any repair, econstruction, or improvement of a structure, the cost of which equals or xceeds 50 percent of the market value of the structure before such repair, reconst ction, or improvement. This term includes structures which have incurred "su stantial damage,"regardless of the actual repair work performed. This term does ot, however, include: (s296-7/95,3334-6/97) 1. Any improvement to a st ture to comply with existing state or local health, sanitary, or safety code s ecifications which are solely necessary to ensure safe living conditions; or 2. Any alteration of a st cture listed on the National Register of Historic Places or a State Inventory of istoric Places that will not preclude the structure's continued designa on. (3285-7/95,3334-6/97) "Market value" f a structure, as used herein, shall be the replacement cost as determined by is replacement value according to the valuation figures in use by the Director for to such repair,reconstruction, or improvement. In the alternative, e applicant may submit a report by a qualified real estate appraiser which ind' ates the "replacement cost" of the structure. (3285-7/95,3334-6/97) "Cost" f r a repair, reconstruction, or improvement project, as used herein, shall be det fined by valuation figures in use by the Director. BB. Varian e: A grant of relief from the requirements of this chapter which permits const ction in a manner which would otherwise be prohibited. (3285-7/95,3334-6/97) ord/04zoning/chap 222/4/5/04 5 222.08 Methods of Reducing Flood Hazards Methods and provisions for reducing flood hazard include: A. Restricting or prohibiting uses which are dangerous to health, safety,and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities; B. Requiring that uses and structures vulnerable to floods be protected against flood damage at the time of initial construction; C. Controlling the alteration of natural floodplain, stream channels, and natural protective barriers, which help accommodate or channel flood waters; D. Controlling filling, grading, dredging, and other development which may increase flood damage; E. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas; and F. Any methods and provisions for reducing flood hazard within the coastal zone shall be consistent with the Coastal Conservation District. 222.10 General Provisions A. Compliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable provisions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter or another chapter, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. B. Warning and Disclaimer of Liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. As a consequence, floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This.chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damage. This chapter shall not create liability on the part of the incidental parcels which do not front a sandy beach, which have bulkheads and are not adjacent to recreation or public use areas and other existing or proposed lateral or vertical easements, or when development is proposed on an existing subdivided single-family residential lot between developed residential parcels. C. Director -- Responsibilities. The duties and responsibilities of the Director in enforcing the provisions of this chapter shall include, but not be limited to: ord/04zoning/chap 222/4/5/04 . 6 1. Reviewing building permits to determine that the permit requirements f this chapter have been satisfied, that all other required state and federal rmits have been obtained, and that the site is reasonably safe from flooding. 2. Reviewing building permits to determine that the proposed d elopment, when considered with all other existing and anticipated develop nt, will not increase the water surface elevation of the base flood more than 1 of at any point. 3., Making interpretations where needed as to the exact 1 ation of the boundaries of areas of special flood hazard. 4. Obtaining and maintaining for public inspection ood insurance policy information concerning the certified elevation r residential developments and subdivisions, and the certification required fa floor elevations, for developments located in areas where shallo flooding is likely to occur; for floodproofing of nonresidential developm ts; for coastal high hazard areas; for anchoring of manufactured homes; and f r floodway encroachments. 5. Notifying adjacent communities and r sponsible staff and federal agencies prior to any alteration or relocation of a w tercourse. The Director shall further ensure that the flood-carrying cap ity is maintained for any watercourse, or portion thereof, which has been ered or relocated. 6. Taking action to remedy viola ons of this chapter as provided in Chapter 249. D. Building Permit Review. App 'cation for building permit shall include: l. Proposed elevations in r ation to mean sea level, of the lowest floor of all . structures; in -FP2, ele ation of highest adjacent grade and proposed elevation of lowest floor of all ructures; 2. Proposed elevatio in relation to mean sea level and the FIRM design flood to which any struct e will be floodproofed; and 3. A description the extent to which any watercourse will be altered or relocated as a result of roposed development. 4. All approp late certifications required in Section 222.14. 222.12 Land se Controls A. -FPl Su district 1. P rmitted Uses a. Flood control channels, levees, spreading grounds and basins, roads, bridges and storm drains. ord/04zoning/chap 222/4/5/04 7 b. Agricultural uses which require no permanent structures, landfill, storage of materials or equipment, or stream alteration that would result in any increase in flood levels within the regulatory floodway. 2. Uses Requiring a Conditional Use Permit from the Zoning Administrator r a. Minor Utilities. b. Temporary structures which can be readily removed in the time available after.flood warning. c. Recreation areas, parks, campgrounds, playgrounds, riding and hiking trails, parking lots, wildlife and natural preserves, and similar open space uses that do not have substantial permanent structures. 3. Uses Requiring a Conditional Use Permit from the Planning Commission a. Major utilities. 4. Prohibited Uses a. Landfills, excavations, improvements, developments, or encroachments that will obstruct waterflow, cause any cumulative increase in the elevation of the design flood water profile by more than one (1) foot at any point,tend to broaden direct flood flows out of the floodway, impair the design flood conveyance capability of the floodway, or otherwise create a potential hazard to.life or property resulting from flood flows. b. All encroachments, including fill, new construction, substantial improvements, and other development unless a California-registered civil engineer demonstrates to the satisfaction of the Director that such encroachments will not result in any increase in flood levels within the floodway. . c. Permanent structures. d. Storage of substances or materials capable of floating which could add to the debris load of a flood. e. Storage of chemicals, explosives, flammable liquids, toxic materials, or anything of a nature which could create a potential danger to the public health and welfare. ord/04zoning/chap 222/4/5/04 8 B. -FP2 Subdistrict 1. Permitted Uses a. Excavation and removal of rock, sand gravel, and other aterials,providing that the flood-carrying capacity of the watercourse is reserved and the excavation area is designed to receive and release odwaters, and such excavations will not create a potential hazard to a acent properties resulting from flood or erosion conditions. b. Landfills that do not cause floodwaters to be diverted onto adjacent properties, are protected against erosion fr floodwaters, and do not increase the elevation of the design floo y more than one (1) foot at any point, or that can fully provide for the sign flood by means of watercourse improvements. c. New structures and improvements ermitted by the base district or allowed with a conditional use permit in uding manufactured homes, which comply with the applicable standards o construction of this chapter. 2. Prohibited Uses. a. Landfills, excavations, i provements, developments, or encroachments that will obstruct waterflow cause a cumulative increase in the elevation of the design floodwater pr ile by more than 1 foot at any point,tend to broaden or direct flood flow out of the natural floodplain, or otherwise cause a potential hazard to ife or property resulting from flood flows. C. -FP3 Subdistrict All uses permitted o conditionally permitted in the base district with which the -FP3 district is co bined are permitted subject to approval of a building permit and compliance with e standards of construction of this chapter, except for the following uses hich are prohibited: 1. The plac ment of manufactured homes except in existing parks or subdivisions. 2. Man- ade alteration of sand dunes which would increase potential flood dam ge. 3. F' I used for structural support of buildings. 222.14 Development Standards and Standards of Construction Devel ment standards for the -FP Overlay District shall be specified by a conditional use perm or shall be those of the base district with which the -FP district is combined, ord/04zoning/chap 222/4/5/04 9 provided that the following standards of construction shall apply in the -FP2 and -FP3 subdistricts. A. -FP2 Standards of Construction. 1. Anchoring. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. All manufactured homes shall comply with the anchoring standards of Section 222.14A5. 2. Construction Materials and Methods. All new construction and substantial improvements shall use construction methods and practices that minimize flood damage, and shall utilize materials and utility equipment resistant to flood damage. Adequate drainage paths around structures on slopes shall be provided to guide flood waters around and away from proposed structures. 3. Elevation and FloodproofinQ. a. New residential construction and substantial improvement of any residential structure shall have the lowest floor including basement elevated one foot above the base flood elevation except: 1. In an AO zone the lowest floor including basement shall be elevated one foot above the highest adjacent grade to a height exceeding the depth number on the FIRM by one foot or at least three (3) feet if no depth number is specified, and 2. In an A zone, the lowest floor including basement shall be elevated one foot above the base flood elevation as determined by the City. (3285-7/95,3334-6/97) Upon completion of the structure, the elevation of the lowest floor including basement shall be certified by a California-registered architect, engineer, or surveyor. The elevation certificate shall be submitted to the Director. b. Nonresidential construction shall be either elevated to comply with subsection 3a or together with attendant utility and sanitary facilities be floodproofed below the level stated in subsection 3a so that the structure is watertight with walls substantially impermeable to the passage of water and be capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A floodproofing certificate shall be completed and certified by a California registered engineer or architect and submitted to the Director. c. Space Below the Lowest Floor. All new construction and substantial improvement with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and ord/04zoning/chap 222/4/5/04 10 exit of floodwater. All proposals for using space below the low t floor shall exceed the following requirements: (1) Be certified by a California registered engineer or arch' ect; or (2) Be certified to comply with a local floodproofing s dard approved by the Federal Insurance Administration, Federal Emer ncy Management Agency, or (3) Have a minimum of two openings having a t tal net area of not less than one square inch for every square foot of enclos d area subject to flooding shall be provided. The bottom of all openings sh be no higher than one foot above grade. Openings may be equipped with creens, louvers,valves or other coverings or devices provided they pe it the automatic entry and exit of floodwaters. d. All preliminary development propos s shall identify the flood hazard area,the elevation of the base flood, and be nsistent with the need to minimize flood damage. All developments shall p ovide adequate drainage to reduce exposure to flood hazards. e. All final subdivision plans sh 1 provide the elevation of proposed structures and pads. The lowest floor d pads shall be certified by a California registered engineer or sury yor and submitted to the Director. 4. Standards for Utilities and echanical Equipment. a. All new and replace ent water supply and sanitary sewage systems shall be designed to minimi a or eliminate infiltration of flood waters into the system and disch ge from systems into flood waters. b. On-site waste sposal systems shall be located to avoid impairment to them or contamina 'on from them during flooding. c. All new co struction and substantial improvements shall be constructed with elec ical, heating, ventilation, plumbing and air conditioning equipm t and other service facilities designed and/or located so as to preven water from entering or accumulating within the components during condi ions of flooding. d. Al subdivision.proposals shall have public utilities and facilities such as s er, gas, electrical and water systems located and constructed in a oodproof manner. 5. Stan ards for Manufactured Homes. a. All new and replacement manufactured homes and substantial improvements to manufactured homes on sites located ord/04zoning/chap 222/4/5/04 11 1. outside of a manufactured home park or subdivision, 2. in a new manufactured home park or subdivision, 3. in an expansion to an existing manufactured home park or subdivision, or 4. in an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred substantial damage as a result of a flood shall be elevated on a permanent foundation so that the lowest floor is elevated one foot above the base flood elevation. b. All manufactured homes to be placed or substantially improved in an existing manufactured home park or subdivision shall be elevated to have the lowest floor one foot above the base flood elevation or the manufactured home chassis supported by reinforced piers or other foundation elements of equivalent strength that are a minimum of 3 feet above grade. Where a site upon which a manufactured home has incurred substantial damage as the result of a flood, subsection 5a shall apply. c. All manufactured homes shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. B. -FP3 Standards of Construction 1. Location of Buildings a. All new construction shall be located on the landward side of the reach of the mean high tide. 2. Construction Methods: a. Elevation. All new construction and substantial improvement shall have the lowest floor free of obstructions or constructed with breakaway walls as defined in Section 222.06. Such enclosed space shall not be used for human habitation but may be used for parking, building access or storage.(3265-7/95, 3334-6/97) b. Structural Support. All new construction and substantial improvements shall be elevated on adequately anchored pilings or columns so that the bottom of the lowest horizontal portion of the structural member of the lowest floor (excluding the pilings or columns) is elevated at or above the base flood level. The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the ord/04zoning/chap 222/4/5/04 12 base flood. Wind loading values used shall comply with standard dopted by the City. 3. Certification. A California-registered engineer or architect sh certify to the satisfaction of the Director that the proposed structure comp 'es with the requirements of this section. The Director shall obtain an aintain records of the elevation(in relation to mean sea level) of the bo in of the lowest structural member of the lowest floor(excluding pilin or columns) of all new and substantially improved structures, and whet r such structures contain a basement. C. Standards for Recreational Vehicles. All recreat' nal vehicles placed on a site within a flood hazard zone shall be fully licensed nd ready for highway use, restricted to a maximum stay on site of 180 day nless the elevation and anchoring of the recreational vehicle complies with the S ndards for Manufactured Homes. All recreational vehicles placed in coastal hi hazard areas (V and VE zones) shall also comply with -FP3 standards for const ction. 222.16 Variances/Appeals A. General Provisions. The Planning ommission shall hear and decide requests for variances from the standards of ' chapter as well as requests for appeals when it is alleged there is an error in any equirement, decision, or determination made by the Director in the enforcemen or administration of this chapter in accord with the procedures established in Ch ter 241 and 248. 1. Variances may be issu d for new construction and substantial improvements on a lot of one-half acre r less in size contiguous to and surrounded by lots with existing structures nstructed below base flood level, providing the standards listed in this chap r are considered. As the lot size increases beyond one-half acre, the technic justification required for issuing the variances increases. 2. Variances ma be granted for new construction and substantial improvement and for othe development necessary for the conduct of a functionally dependent use provid d that the provisions of Chapter 222 are satisfied and that the structure r other development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety or public uisance. 3. Va ances may be issued for the repair or rehabilitation of historic structures w ich are listed on a local or state inventory, determined by the Secretary of the terior to be historic, or listed on the National Register of Historic Places provided the proposed repair or rehabilitation is necessary to preserve the historic character and design of the structure and allow the continued designation as an historic structure. ord/04zoning/chap 222/4/5/04 13 4. Any applicant to whom a variance is granted shall be provided written notice that the structure.will be permitted to be built with a lowest floor elevation below the Tegulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk. A copy of the notice shall be recorded by the Director in the office of the Orange County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. B. Factors to be Considered. In reviewing applications,the Planning Commission shall consider all relevant factors, including technical evaluations, this section,and other standards specified in this chapter. In reaching a decision on an appeal or variance, the Commission-shall consider the: 1. Danger that materials may be swept onto other lands to the injury of others; 2. Danger of life and property due to flooding or erosion damage; 3. Importance of the services provided to the community by the proposed facility; 4. Necessity of waterfront location for the facility, if applicable; 5. Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; 6. Compatibility of the proposed use with existing and anticipated developments; 7. Relationship of the proposed use to the General Plan, Local Coastal Program, and the floodplain management program for-that area; 8. Safety of access to the property in time of flood for ordinary and emergency vehicles; 9. Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and 10. Cost of providing government services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electric and water services, and streets and bridges. C. Findings. When granting a variance, the Planning Commission shall make the following findings in addition to the findings contained in Chapter 241. 1. The project provides the minimum deviation to afford relief from the provisions of Chapter 222. ord/04zoning/chap 222/4/5/04 14 2. The proposed project will not result in increased flood heights, additional eats to public safety or extraordinary public expense; create a nuisance, caus fraud or victimization of the,public, or conflict with existing local laws or o inances. D. Authority to Impose Additional Conditions. In addition to the autho ' y to impose conditions under Section 241.14, the Planning Commission may a ch conditions to the granting of variances as deemed necessary. E. Records. The Director shall maintain a record of all variance ctions and findings to justify their issuance, and report such variances to FEM and FIA upon request. (3285-7/95,3334-6/97) SECTION 2. This ordinance shall become effective 30 d s after its adoption. PASSED AND ADOPTED by the City Council of the ity of Huntington Beach at a regular meeting thereof held on the day of , 2004. Mayor ATTEST: PPROVED AS TO FORM: r City Clerk y City Attorney A REVIEWED AND APPROVED: INITIATED AND APPROVED: City Adi<nistrator Director of Planning ord/04zoning/chap 222/4/5/04 15 LEGISLATIVE DRAFT c C)l e _2)UL� Chapter 222 FP Floodplain Overlay District (-FP1, -FP2, -FP3) (3285-7/95,3334-6/97) Sections: 222.02 Floodplain Overlay District Established 222.04 Zoning Map Designator; Establishment of Hazard Areas 222.06 Definitions 222.08 Methods of Reducing Flood Hazards 222.10 General Provisions 222.12 Land Use Controls 222.14 Development Standards and Standards of Construction 222.16 Variances/Appeals 222.02 Floodplain Overlay District Established The FP Floodplain Overlay District is established and applies to all areas of special flood hazard within the City. If not controlled, periodic inundation results in loss of life and property, health and safety hazards, disruption of commerce and government services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss. 222.04 Zoning Map Designators; Establishment of Hazard Areas A. The areas of special flood hazard identified by the Federal Emergency Management Agency(FEMA) in the Flood Insurance Study for the City of Huntington Beach dated August 16, 1982 and delineated on the Flood Insurance Rate Map (FIRM) dated February 16, 1983 (revised September 16, 1989) and the Orange County, County-wide FIRM dated November 3, 1993 and all subsequent revisions and/or amendments are hereby adopted by reference and declared to be a part of this chapter. FEMA's most recent FIRM and flood insurance study(on file with the Director) may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the City Council by the Director. Huntington Beach Zoning and Subdivision Ordinance Chapter 222 222-1 5/97 B. Three subdistricts of the FP Overlay District are designated for purposes of flood hazard provisions. 1. -FP1 Subdistrict shall apply to that area designated as a floodway or right-of-way necessary for implementation of the Santa Ana River Channel Plan by the U.S. Army Corps of Engineers. 2. -FP2 Subdistrict shall apply to FIRM areas A, AE, AO, and AH and any other area determined by the Director to be subject to similar flood hazards. 3. -FP3 Subdistrict shall apply to FIRM areas V or VE and any other area determined by the Director to be subject to similar flood hazard. C. The -FP District boundaries shall be delineated on the Zoning Map by adding a "-FP"designator to the base district designator for the area affected, followed by the appropriate subdistrict designation (1, 2, or 3). 222.06 Definitions Except where the context clearly indicates otherwise, the definitions given in this section shall govern the provisions of this chapter. A. Appeal. A request for review of the Director's interpretation of any provision of this chapter, or a request for a variance. B. Area of shallow flooding. A designated AO or AH zone on the Flood Insurance Rate Map (FIRM) prepared by the Federal Emergency Management Agency (FEMA). The base flood depths range from one to three feet; a clearly-defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. C. Area of special flood hazard. The land in the floodplain within a community subject to a 1 percent or greater chance of flooding in any given year. This area is designated as Zone A, AO, AH, AE, V, and VE on the FIRM. D. Base flood. A flood having a 1 percent chance of being equaled or exceeded in any given year(also called the 100-year flood). E. Basement. Any area of a building having its floor subgrade on all sides. F. Breakaway wall. Any type of wall, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic, or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action Huntington Beach Zoning and Subdivision Ordinance Chapter 222 222-2 5/97 without damage to the structural integrity of the building on which it is used or any building to which it might be carried by flood waters. A breakaway wall shall have a safe design loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls must be certified by a California-registered engineer or architect and shall meet the following conditions: 1. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and 2. The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of a base flood. G. Coastal high hazard area. The area subject to high velocity waters including, but not limited to, coastal and tidal inundation or tsunamis. The area is designated on a FIRM as Zone V and VE and as -FP3 in this Chapter. H. Development. Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavating, or drilling operations. I. Existiny,manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities including utilities, final grading or paving of pads and the construction of streets was completed before the effective date of the City's floodplain management regulation. J. Expansion to an existing manufactured home park or subdivision. The preparation of additional manufactured home sites in an existing manufactured home park or subdivision beyond those that had been completed prior to the effective date of the provisions in this chapter. K. Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation of runoff of surface waters from any source; mudslides; and condition resulting from flood-related erosion. L. Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map. The official maps on which areas of special flood hazard, the risk premium zones and the floodway applicable to the community are delineated. M. Flood Insurance Study. The "Flood Insurance Study for the City of Huntington Beach,"prepared by the Federal Insurance Administration (FIA), providing flood profiles, the Flood Insurance Rate Maps, the Flood Boundary and Floodway Maps and the water surface elevations of the base flood. Huntington Beach Zoning and Subdivision Ordinance Chapter 222 222-3 5/97 N. Floodplain. Any land area susceptible to being inundated by water from any source. O. Floodplain mana eg ment. The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management control. P. Floodplain management regulations. Zoning and subdivision ordinances, building codes, health regulations, special purpose ordinances (such as floodplain, grading and erosion control) and other applications of police power. This term describes federal, state or local regulations in any combination thereof which provide standards for the purpose of preventing and reducing flood damage and loss. Q. Floodproofing. Any combination of structural and nonstructural additions, changes or adjustments to nonresidential structures which reduce or eliminate flood damage to real estate or improved real property, water, and sanitary facilities, structures, and their contents. R. Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 1 foot. S. Functionally dependent use. A use which cannot perform its intended purposes unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. T. Highest adjacent grade. The highest natural elevation of the ground surface next to the proposed walls of a structure prior to construction. U. Lowest Floor. The lowest floor of the lowest enclosed area(including basement). An unfinished or flood-resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter. V. Mean Sea Level. The National Geodetic Vertical Datum of 1929 or other datum, to which base flood elevations shown on the FIRM are referenced. W. New construction. Structures for which the "start of construction" commenced on or after the effective date of the City's floodplain management control (February 16, 1983). Huntington Beach Zoning and Subdivision Ordinance Chapter 222 222-4 5/97 X. Sand dunes. Naturally occurring accumulations of sand in ridges or mounds landward of the beach. Y. Start of construction. The date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation such as clearing, grading, and filling; or does it include the installation of streets and/or walkways; or does it include excavation for a basement, footings, piers, or foundations of the erection of temporary forms; or does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. Z. Substantial damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to the condition existing before damage would equal or exceed 50 percent of the market value before the damage occurred. AA. Substantial improvement. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before such repair, reconstruction, or improvement. This term includes structures which have incurred "substantial damage,"regardless of the actual repair work performed. This term does not, however, include: (3285-7/95,3334-6/97) 1. Any improvement to a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to ensure safe living conditions; or 2. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places that will not preclude the structure's continued designation. (3285-7/95,3334-6/97) "Market value" of a structure, as used herein, shall be the replacement cost as determined by its replacement value according to the valuation figures in use by the Director prior to such repair, reconstruction, or improvement. In the alternative, the applicant may submit a report by a qualified real estate appraiser which indicates the "replacement cost" of the structure. (3285-7/95,3334-6/97) "Cost" for a repair, reconstruction, or improvement project, as used herein, shall be determined by valuation figures in use by the Director. Huntington Beach Zoning and Subdivision Ordinance Chapter 222 222-5 5/97 BB. Variance: A grant of relief from the requirements of this chapter which permits construction in a manner which would otherwise be prohibited. (3285-7/95,3334-6/97) 222.08 Methods of Reducing Flood Hazards Methods and provisions for reducing flood hazard include: A. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities; B. Requiring that uses and structures vulnerable to floods be protected against flood damage at the time of initial construction; C. Controlling the alteration of natural floodplain, stream channels, and natural protective barriers, which help accommodate or channel flood waters; D. Controlling filling, grading, dredging, and other development which may increase flood damage; E. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas; and F. Any methods and provisions for reducing flood hazard within the coastal zone shall be consistent with the Coastal Conservation District. (3334-6/97) 222.10 General Provisions A. Compliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable provisions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter or another chapter, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. B. Waminp-and Disclaimer of Liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. As a consequence, floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damage. This chapter shall not create liability on the part of the incidental parcels which do not front a sandy beach, which have bulkheads and are not adjacent to Huntington Beach Zoning and Subdivision Ordinance Chapter 222 222-6 5/97 recreation or public use areas and other existing or proposed lateral or vertical easements, or when development is proposed on an existing subdivided single-family residential lot between developed residential parcels. C. Director-- Responsibilities. The duties and responsibilities of the Director in enforcing the provisions of this chapter shall include, but not be limited to: l. Reviewing building permits to determine that the permit requirements of this chapter have been satisfied, that all other required state and federal permits have been obtained, and that the site is reasonably safe from flooding. 2. Reviewing building permits to determine that the proposed development, when considered with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than 1 foot at any point. 3. Making interpretations where needed as to the exact location of the boundaries of areas of special flood hazard. 4. Obtaining and maintaining for public inspection flood insurance policy information concerning the certified elevation for residential developments and subdivisions, and the certification required for floor elevations, for developments located in areas where shallow flooding is likely to occur; for floodproofing of nonresidential developments; for coastal high hazard areas; for anchoring of manufactured homes; and for floodway encroachments. 5. Notifying adjacent communities and responsible staff and federal agencies prior to any alteration or relocation of a watercourse. The Director shall further ensure that the flood-carrying capacity is maintained for any watercourse, or portion thereof, which has been altered or relocated. 6. Taking action to remedy violations of this chapter as provided in Chapter 249. D. Building Permit Review. Application for building permit shall include: 1. Proposed elevations in relation to mean sea level, of the lowest floor of all structures; in -FP2, elevation of highest adjacent grade and proposed elevation of lowest floor of all structures; 2. Proposed elevations in relation to mean sea level and the FIRM design flood to which any structure will be floodproofed; and 3. A description of the extent to which any watercourse will be altered or relocated as a result of proposed development. 4. All appropriate certifications required in Section 222.14. Huntington Beach Zoning and Subdivision Ordinance Chapter 222 222-7 5/97 222.12 Land Use Controls A. -FPl Subdistrict 1. Permitted Uses a. Flood control channels, levees, spreading grounds and basins, roads, bridges and storm drains. b. Agricultural uses which require no permanent structures, landfill, storage of materials or equipment, or stream alteration that would result in any increase in flood levels within the regulatory floodway. 2. Uses Requiring a Conditional Use Permit from the Zoning Administrator a. Minor Utilities. b. Temporary structures which can be readily removed in the time available after flood warning. c. Recreation areas, parks, campgrounds, playgrounds, riding and hiking trails, parking lots, wildlife and natural preserves, and similar open space uses that do not have substantial permanent structures. -2 3. Uses Requiring a Conditional Use Permit from the Planning Commission a. Major or-mines utilities. -3 4. Prohibited Uses a. Landfills, excavations, improvements, developments, or encroachments that will obstruct waterflow, cause any cumulative increase in the elevation of the design flood water profile by more than one (1) foot at any point, tend to broaden direct flood flows out of the floodway, impair the design flood conveyance capability of the floodway, or otherwise create a potential hazard to life or property resulting from flood flows. b. All encroachments, including fill, new construction, substantial improvements, and other development unless a California-registered civil engineer demonstrates to the satisfaction of the Director that such encroachments will not result in any increase in flood levels within the floodway. c. Permanent structures. Huntington Beach Zoning and Subdivision Ordinance Chapter 222 222-8 5197 d. Storage of substances or materials capable of floating which could add to the debris load of a flood. e. Storage of chemicals, explosives, flammable liquids, toxic materials, or anything of a nature which could create a potential danger to the public health and welfare. B. -FP2 Subdistrict 1. Permitted Uses a. Excavation and removal of rock, sand gravel, and other materials, providing that the flood-carrying capacity of the watercourse is preserved and the excavation area is designed to receive and release floodwaters, and such excavations will not create a potential hazard to adjacent properties resulting from flood or erosion conditions. b. Landfills that do not cause floodwaters to be diverted onto adjacent properties, are protected against erosion from floodwaters, and do not increase the elevation of the design flood by more than one (1) foot at any point, or that can fully provide for the design flood by means of watercourse improvements. c. New structures and improvements permitted by the base district or allowed with a conditional use permit including manufactured homes, which comply with the applicable standards of construction of this chapter. 2. Prohibited Uses a. Landfills, excavations, improvements, developments, or encroachments that will obstruct waterflow, cause a cumulative increase in the elevation of the design floodwater profile by more than 1 foot at any point, tend to broaden or direct flood flows out of the natural floodplain, or otherwise cause a potential hazard to life or property resulting from flood flows. C. -FP3 Subdistrict All uses permitted or conditionally permitted in the base district with which the -FP3 district is combined are permitted subject to approval of a building permit and compliance with the standards of construction of this chapter, except for the following uses which are prohibited: 1. The placement of manufactured homes except in existing parks or subdivisions. Huntington Beach Zoning and Subdivision Ordinance Chapter 222 222-9 5/97 2. Man-made alteration of sand dunes which would increase potential flood damage. 3. Fill used for structural support of buildings. (3285-7/95,3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 222 222-10 5/97 222.14 Development Standards and Standards of Construction Development standards for the -FP Overlay District shall be specified by a conditional use permit or shall be those of the base district with which the -FP district is combined, provided that the following standards of construction shall apply in the -FP2 and-FP3 subdistricts. A. -FP2 Standards of Construction. l. Anchoring. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. All manufactured homes shall comply with the anchoring standards of Section 222.14A5. 2. Construction Materials and Methods. All new construction and substantial improvements shall use construction methods and practices that minimize flood damage, and shall utilize materials and utility equipment resistant to flood damage. Adequate drainage paths around structures on slopes shall be provided to guide flood waters around and away from proposed structures. 3. Elevation and Floodproofin . a. New residential construction and substantial improvement of any residential structure shall have the lowest floor including basement elevated one foot above the base flood elevation except: (3285-7/95,3334-6/97) 1. In an AO zone the lowest floor including basement shall be elevated one foot above the highest adjacent grade to a height exceeding the depth number on the FIRM by one foot or at least three (3) feet if no depth number is specified, and (3285-7/95,3334-6/97) 2. In an A zone, the lowest floor including basement shall be elevated one foot above the base flood elevation as determined by the City. (3285-7/95,3334-6/97) Upon completion of the structure, the elevation of the lowest floor including basement shall be certified by a California-registered architect, engineer, or surveyor. The elevation certificate shall be submitted to the Director. 1( 1/97) b. Nonresidential construction shall be either elevated to comply with subsection 3a or together with attendant utility and sanitary facilities be floodproofed below the level stated in subsection 3a so that the structure is watertight with walls substantially impermeable to the passage of water and be capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A floodproofing certificate shall be completed and certified by a California registered engineer or architect and submitted to the Director. Huntington Beach Zoning and Subdivision Ordinance Chapter 222 222-11 5/97 c. Space Below the Lowest Floor. All new construction and substantial improvement with fully enclosed areas below the lowest floor(excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. All proposals for using space below the lowest floor shall exceed the following requirements: (1) Be certified by a California registered engineer or architect; or (2) Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration, Federal Emergency Management Agency, or (3285-7/95,3334-6/97) (3) Have a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic entry and exit of floodwaters. (3285-7/95) d. All preliminary development proposals shall identify the flood hazard area, the elevation of the base flood, and be consistent with the need to minimize flood damage. All developments shall provide adequate drainage to reduce exposure to flood hazards. e. All final subdivision plans shall provide the elevation of proposed structures and pads. The lowest floor and pads shall be certified by a California registered engineer or surveyor and submitted to the Director. (3285-7/95,3334- 6/97) 4. Standards for Utilities and Mechanical Equipment. a. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters. b. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. c. All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. Huntington Beach Zoning and Subdivision Ordinance Chapter 222 222-12 5/97 d. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed in a floodproof manner. 5. Standards for Manufactured Homes. a. All new and replacement manufactured homes and substantial improvements to manufactured homes on sites located (3285-7/95,3334-6/97) 1. outside of a manufactured home park or subdivision, (3285-7/95,3334-6/97) 2. in a new manufactured home park or subdivision, (3285-7/95,3334-6/97) 3. in an expansion to an existing manufactured home park or subdivision, or (3285-7/95,3334-6/97) 4. in an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred substantial damage as a result of a flood (3285-7/95,3334-6/97) shall be elevated on a permanent foundation so that the lowest floor is elevated one foot above the base flood elevation. (3285-7/95,3334-6/97) b. All manufactured homes to be placed or substantially improved in an existing manufactured home park or subdivision shall be elevated to have the lowest floor one foot above the base flood elevation or the manufactured home chassis supported by reinforced piers or other foundation elements of equivalent strength that are a minimum of 3 feet above grade. Where a site upon which a manufactured home has incurred substantial damage as the result of a flood, subsection 5a shall apply. c. All manufactured homes shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. B. -FP3 Standards of Construction 1. Location of Buildings a. All new construction shall be located on the landward side of the reach of the mean high tide. (3285-7/95,3334-6/97) 2. Construction Methods: a. Elevation. All new construction and substantial improvement shall have the lowest floor free of obstructions or constructed with breakaway walls as defined in Section 222.06. Such enclosed space shall not be used for human Huntington Beach Zoning and Subdivision Ordinance Chapter 222 222-13 5/97 habitation but may be used for parking, building access or storage.(3285-7/95, 3334-6/97) b. Structural Support. All new construction and substantial improvements shall be elevated on adequately anchored pilings or columns so that the bottom of the lowest horizontal portion of the structural member of the lowest floor (excluding the pilings or columns) is elevated at or above the base flood level. The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall comply with standards adopted by the City. (3285-7/95,3334-6/97) 3. Certification. A California-registered engineer or architect shall certify to the satisfaction of the Director that the proposed structure complies with the requirements of this section. The Director shall obtain and maintain records of the elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor(excluding pilings or columns) of all new and substantially improved structures, and whether such structures contain a basement. (3285-7/95,3334-6/97) C. Standards for Recreational Vehicles. All recreational vehicles placed on a site within a flood hazard zone shall be fully licensed and ready for highway use, restricted to a maximum stay on site of 180 days unless the elevation and anchoring of the recreational vehicle complies with the Standards for Manufactured Homes. All recreational vehicles placed in coastal high hazard areas (V and VE zones) shall also comply with -FP3 standards for construction. (3285-7/95,3334-6/97) 222.16 Variances/Appeals A. General Provisions. The Planning Commission shall hear and decide requests for variances from the standards of this chapter as well as requests for appeals when it is alleged there is an error in any requirement, decision, or determination made by the Director in the enforcement or administration of this chapter in accord with the procedures established in Chapter 241 and 248. 1. Variances may be issued for new construction and substantial improvements on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below base flood level, providing the standards listed in this chapter are considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variances increases. 2. Variances may be granted for new construction and substantial improvement and for other development necessary for the conduct of a functionally dependent Huntington Beach Zoning and Subdivision Ordinance Chapter 222 222-14 5/97 use provided that the provisions of Chapter 222 are satisfied and that the structure or other development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety or public nuisance. 3. Variances may be issued for the repair or rehabilitation of historic structures which are listed on a local or state inventory, determined by the Secretary of the Interior to be historic, or listed on the National Register of Historic Places provided the proposed repair or rehabilitation is necessary to preserve the historic character and design of the structure and allow the continued designation as an historic structure. 4. Any applicant to whom a variance is granted shall be provided written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk. A copy of the notice shall be recorded by the Director in the office of the Orange County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. B. Factors to be Considered. In reviewing applications, the Planning Commission shall consider all relevant factors, including technical evaluations, this section, and other standards specified in this chapter. In reaching a decision on an appeal or variance, the Commission-shall consider the: (3285-7/95) L Danger that materials may be swept onto other lands to the injury of others; 2. Danger of life and property due to flooding or erosion damage; 3. Importance of the services provided to the community by the proposed facility; 4. Necessity of waterfront location for the facility, if applicable; 5. Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; 6. Compatibility of the proposed use with existing and anticipated developments; 7. Relationship of the proposed use to the General Plan, Local Coastal Program, and the floodplain management program for that area; 8. Safety of access to the property in time of flood for ordinary and emergency vehicles; Huntington Beach Zoning and Subdivision Ordinance Chapter 222 222-15 5/97 9. Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and 10. Cost of providing government services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electric and water services, and streets and bridges. C. Findings. When granting a variance, the Planning Commission shall make the following findings in addition to the findings contained in Chapter 241. 1. The project provides the minimum deviation to afford relief from the provisions of Chapter 222. 2. The proposed project will not result in increased flood heights, additional threats to public safety or extraordinary public expense; create a nuisance, cause fraud or victimization of the public, or conflict with existing local laws or ordinances. D. Authority to Impose Additional Conditions. In addition to the authority to impose conditions under Section 241.14, the Planning Commission may attach conditions to the granting of variances as deemed necessary. E. Records. The Director shall maintain a record of all variance actions and findings to justify their issuance, and report such variances to FEMA and FIA upon request. (3285-7/95,3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 222 222-16 5/97 ORDINANCE NO. 3644 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 231 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE/ordn OFF-STREET PARKING AND LOADING PR The City Council of the City.of Huntington Beach does herllows: SECTION 1. Chapter 231 of the Huntington Beach Zoninon Ordinance is hereby amended to read as follows: ,e z'�n"r -_ �{, ,z sF� T -:°'t �` hapter231` i� treetPark><nganMoad gPro� sons . Sections: 231.02 Basic Requirements for Off-St et Parking and Loading 231.04 Off-Street Parking and Loadi g Spaces Required 231.06 Joint Use Parking 231.08 Reduced Parking for Cert ' Uses 231.10 Parking In-Lieu Paymen Within Downtown Specific Plan Area 231.12 Parking Spaces for the andicapped 231.14 Parking Space Dimen ons 231.16 Application of Dime sional Requirements 231.18 Design Standards 231.20 Compact Parking 231.22 Driveways; Visi ility 231.24 Landscape Imp ovements 231.26 Parking Area Ian Required 231.28 Oceanside o On-Street Parking within the Coastal Zone 231.02 Basic Requir ments for Off-Street Parking and Loading A. When Required. At t time of initial occupancy of a site, construction of a structure, or major alteration or enlargement of a site or structure, off-street parking facilities and off-street loading f ilities shall be provided in accord with this chapter and parking area landscaping s all be provided in accord with Chapter 232. For the purposes of these requireme s, "major alteration or enlargement" shall mean a change of use,an expansion of gr ater than 50 percent of the existing space in a non-residential building or an addition f bedrooms or units in a residential building. A change in occupancy that does not nvolve a change in the use classification is not considered a change in use for purpose of this requirement unless the change in occupancy involves an intensific ion of use or an increase in parking demand. B. Nonco orming Parking or Loading. No existing use of land or structure shall be deem to be nonconforming solely because of the lack of off-street parking or loading facil' ies required by this chapter, provided that facilities being used for off-street par ing and loading as of the date of adoption of this chapter shall not be reduced in n mber to less than that required by this chapter. Expansion of a use with onconforming parking shall be subject to the following requirements: ord/04zoning/chap 231/4/5/04 1 1. A multi-family residential use with nonconforming parking may be expanded by adding bedrooms or additional units provided that the expansion complies with current standards contained in this chapter; 2. A single-family residence with nonconforming parking may be expanded by adding bedrooms provided the dwelling complies with current standards contained in this chapter; and 3. A nonresidential use with nonconforming parking may be expanded less than 50 percent of the existing square footage or intensified if additional parking is provided for the expansion or intensification. Expansions of 50 percent or more of the existing square footage require the site to be in total compliance with the current parking standards contained in this chapter. C. Spaces Required for Alteration or Enlar eg ment. The number of parking spaces or loading spaces required for an alteration or enlargement of an existing use or structure, or for a change of occupancy, shall be in addition to the number of spaces existing prior to the alteration, enlargement,or change of occupancy unless the preexisting number is greater than the number prescribed in this chapter. In this case, the number of spaces in excess of the prescribed minimum shall be counted in determining the required number of parking or loading spaces. D. Spaces Required for Multiple Uses. If more than one use is located on a site, the number of off-street parking spaces and loading spaces to be provided shall be equal to the sum of the requirements prescribed for each use. This requirement applies not only to multiple uses under separate ownership but also to multiple uses in the same ownership. If the gross floor area of individual uses on the same site is less than that for which a loading space would be required by Section 231.06A, but the aggregate gross floor area of all uses is greater than the minimum for which loading spaces would be required, the aggregate gross floor area shall be used in determining the required number of loading spaces. E. Location and Ownership. Parking facilities required by this chapter shall be on the same site as the use served, except that an adjacent lot may be used which is in the same person's possession as the structure or use. Such possession may be by deed or long- term lease, approved as to form by the City Attorney, and recorded in the Office of the County Recorder. A copy of the recorded document stipulating the reservation of the property for parking purposes shall be filed with the City prior to issuance of a building permit and/or certificate of occupancy,whichever occurs first. No use shall be continued if the parking is removed from the adjacent lot unless substitute parking is provided. Parking facilities provided by a parking district or parking authority are not subject to these locational requirements. 1. Parking in Yards in R Districts. The parking of motor vehicles, trailers, campers and boats shall be prohibited on all landscaped areas within the front one-half of the lot except as provided below. (a) Oversized vehicles (see Definitions Chapter 203), campers, trailers and boats on trailers may be parked on the paved driveway area or on a paved area between the driveway and the nearest side property line provided that they do not project over any property line and that the area is kept free of trash, debris and parts. (b) Commercial oversized vehicles (see Definitions Chapter 203) or special purpose machines shall be prohibited in any yard area. ord/04zoning/chap 231/4/5/04 2 2. Parking in Yards in C or I Districts. Required yards may be used r required parking, subject to the,landscaping standards of Chapter 232. 3. Access. When'a lot abuts an arterial highway and a loc/gCommission access to on-site parking shall be from the local street. When a lot abuts then access to parking shall be provided from the alley unless the Plan approves a different access. When a lot abuts twoarteriays or two local streets, access shall be subject to the approval of the D Public Works. 4. Non-residential Parking in R Districts. Non-reside ial parking serving adjacent commercial or industrial uses shall not be located n any R zoned property. F. Computation of Spaces Required. If, in the applicat n of the requirements of this chapter, a fractional number is obtained, one additi nal parking space or loading space shall be required. G. Other Requirements. 1. Any off-street parking or loading faci ' y which is permitted but not required shall comply with all provisions of this c pter governing location, design, improvement and operation. 2. Any motor vehicle incapable of ovement by its own power and/or not licensed to operate on California streets all be stored either in an enclosed building or entirely screened from view. 231.04 Off-Street Parking nd Loading Spaces Required A. Non-residential uses shall pr ide one loading space (minimum fourteen (14] feet in width, twenty [20] feet in le gth, and fourteen [14] feet in height) for each 20,000 square feet, or fraction the of, of gross floor area; however, a maximum of three (3) such spaces are required r buildings exceeding 60,000 square feet. No loading space is required for non-resid ntial uses with less than 20,000 square feet of gross floor area. B. Off-street parking sp es shall be provided in accord with the following schedule. References to space per square foot are to be computed on the basis of gross floor area, unless otherwise sp cified. Where the use is ndetermined, the approving body shall determine the probable use and the number f parking and loading spaces required. In order to make this determination, he Director may require the submission of survey data prepared by a state-register traffic engineer for the applicant or collected at the applicant's expense. Parking spa es 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 Dire or may allow a parking reduction for a change of use if the increase in the require parking is not more than five (5) spaces. The change of use request must be on a site wi two or more uses, have minimum of 50 existing parking spaces and provide an upgr e of existing landscaping. This same reduction may be considered for uses co lying with State Handicap Regulations as mandated by State Law and applicable to pa ing requirements. (3526-2/02) ord/04zoning/chap 231/4/5/04 3 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 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 I space per guest room plus I space per owner/manager plus I space per each 10 guest rooms Residential Care, Limited I per 3 beds Public and Semi-public 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 '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. ord/04zoning/chap 231/4/5/04 4 OFF-STREET PARKING SPACES REQUIRED: „SCHEDULE A (co need) Use Classification Off-Street Parking Spaces Cultural Facilities 1 per 300 sq. ft. gross or area Day Care, General I per staff member s one per classroom Government Offices 1 per 250 sq. ft. g ss floor area Heliports As specified b use permit Hospitals 1 per 1.5 be Maintenance and Service Facilities I per 500 q. ft. Park and Recreation Facilities As spe feed by conditional use permit for private facili 'es Public Safety Facilities As pecified by the conditional use permit Religious Assembly per 35 sq. ft. of public assembly area, or 1 per 3 fixed seats (18 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 da care 1 per staff member, plus one per classroom Elementary,junior hi 1.5 per classroom High school/college 7 per classroom Trade schools, mu c 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 ervices Animal oarding 1 per 200 sq. ft. Anim grooming 1 per 200 sq. ft. Ani 1 hospitals 1 per 200 sq. ft. Am al, retail sales 1 per 200 sq. ft. Artists' Stud'os 1 per 1,000 sq. ft. Banks an Savings & Loans 1 per 200 sq. ft. Drive-Up Service Queue space for 5 cars per teller Buildi g Materials and Services 1 per 1,000 sq. ft. of lot area; minimum 10 plus 1/300 sq. ft. office area ord/04zoning/chap 231/4/5/04 5 OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (continued) Use Classification Off-Street Parking Spaces Catering Services 1 per 400 sq. ft. Commercial Recreation and ;r 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. except that area designated for group instruction shall be parked at a ratio of 1 per 100 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 1.00 sq. ft. when on a site with 3 or more uses with dancing Plus I per 50 sq. ft. of dancing area with drive through service Plus queue space for 5 cars per service window Food and Beverage Sales 1 per 200 sq. ft. Furniture and Appliance Stores 1 per 500 sq. ft. excluding areas used for storage or loading, but not less than 5 Funeral and Interment Services 1 per 35 sq. ft. of seating space 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. 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) ord/04zoning/chap 231/4/5/04 6 OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (contio d) Use Classification Off-Street Parking Spaces Pawn Shops 1 per 200 sq. ft. Personal Enrichment Services. 1 per 35 sq. ft. of inst ction area; or Maximum 1 per 200 sq. ft. prov'ded the number of students per classroom does not xceed required number of parking spaces,p s instruction area does not exceed 75 percent of fl r area. Personal Services 1 per 200 sq.' Research and Development Services 1 per 500 s . ft. Retail Sales Not Listed Under Another 1 per 20 sq. ft. Use Classification Sex Oriented Business Cabaret wit ess than 12 seats, 1 per 200 sq. ft.; with 12 se s or more, I per 60 sq. ft. or 1 per 100 sq. ft. if o a site with three or more uses Encounter center per 35 sq. ft. of instruction area Escort bureau 1 per 250 sq. ft. 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 Mini-motion picture thea r, 1 per 3 fixed seats, or I per 35 sq. ft. seating area if motion picture theater there are no fixed seats motion picture arcade Retail sales 1 per 200 sq. ft. Swap Meets, Indoor/Flea M ets 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/04zoning/chap 231/4/5/04 7 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 l 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 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) Warehouse and Sales Outlets 1 per 200 sq. ft. Industrial Speculative buildings 1 per 500 sq. ft. (maximum 10% office area) Manufacturing, research assembly, 1 per 500 sq. ft. packaging ord/04zoning/chap 231/4/5/04 8 1 OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A ontinued) Use Classification Off-Street Parking Spac 341 Wholesaling, warehousing and 1 per 1,000 sq. ft. distributing space Offices 1 per 250 sq. ft. if ffice area exceeds 10 percent of gross floor ar Outside uses: Storage, wrecking/ 1 per 5,000 s are feet of lot area, but no less salvage and lumber yards than 5 Mini-storage facilities Single-story 1 per 5, 0 square feet Each additional story 1 per ,000 square feet plus 2 spaces for any caret er's unit 231.06 Joint Use Parking In the event that two (2) or more uses occu the same building, lot or parcel of land, the total requirement for off-street parking sh be the sum of each individual use computed separately except as provided in this sect n. The Planning Commission or Zoning dministrator may grant a reduction in the total number of required spaces as part of the entit ment for the use or uses,or by conditional use permit when no other entitlement is require , when the applicant can demonstrate that the various uses have divergent needs in terms f daytime versus nighttime hours or weekday versus weekend hours. Such joint use a rovals shall be subject to the following: 1. The maximum dirt ce between the building or use and the nearest point of the parking spaces or rking facility shall be 250 feet; and 2. There shall be n conflict in the operating hours based on parking space requirements f the different uses on the parcel; and 3. Evidence of agreement for such joint use shall be provided by proper legal instrument, pproved as to form by the City Attorney. The instrument shall be recorded i the Office of the County Recorder and shall be filed with the City prior to is uance of building permit and/or certificate of occupancy, whichever occurs fi st. 231.08 educed Parking for Certain Uses A. The Zon' g Administrator may approve a conditional use permit to reduce the number of park g spaces to less than the number required per Schedule "A" in Section 231.04, provid d that the following findings are made: (3334-6/97,3526-2/02) 1. The 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 ord/04zoning/chap 231/4/5/04 9 3. A Transportation Demand Management plan which exceeds the minimum required by Section 230.36 has been approved by the Director. B. The Zoning Administrator 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. 231.10 Parking In-Lieu Payments Within Downtown Specific Plan Area 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. 231.12 Parking Spaces for the Handicapped New and existing parking facilities shall comply with the State Handicapped Regulations as mandated in State law. 231.14 Parking Space Dimensions Required parking spaces shall have the following minimum dimensions in feet. Striping requirements are depicted in Diagram A. Directional signs and/or pavement markings shall be provided in any facility in which one-way traffic is established. Angle of Stall Stall Aisle Width' Parking Width Depth 1-way 2-way 00 9 19 (with 8 ft. Striped 12 20 (Parallel) maneuvering area between every 2 spaces) 300 9 19 14 20 450 9 19 15 20 600 9 19 20 20 900 9 19 26 26 Residential 9 19 25 25 Compact 8 17 subject to Section 231.20 'Minimum 24 feet when determined by Fire Department to be a fire lane. ord/04zoning/chap 231/4/5/04 10 .. 30' ,450 & 60 0 Parki o�fe�io ,8 90' Parking 24 In. Exterior 1 Dimension I 19 Ft. j 18 In. Interior Dimension I Parallel Par ing J J 119 ft. J _ 8 ft. 19 ft. 19 ft. 8 ft G:%DN9DRAWMi STRP.BM STRIPING REQUIREMENTS DIAGRAM A ord/04zoning/chap 231/4/5/04 11 231.16 Application of Dimensional Requirements A. Relation to Walls and Po's'ts/Columns. A parking space on a site with more than-five (5)parking spaces and which is adjacent to a wall over twelve (12) inches'in height shall be increased in width by three (3) feet. Post/columns may be permitted along the side of each space only within three (3) feet of the head and foot of each stall. B. Vertical Clearance. Vertical clearance for parking spaces shall be 7 feet, except that an entrance may be 6.67 feet. When handicapped parking is provided, vertical clearance shall comply with California Code of Regulations (Title 24, Part 2, Chapter 2-71). For residential uses, non-structural improvements including wall-mounted shelves, storage surface racks, or cabinets may encroach into the vertical clearance,provided a minimum 4.5 feet vertical clearance is maintained above the finished floor of the garage within the front 5 feet of a parking space. C. Wheel Stops. All spaces shall have wheel stops 2.5 feet from a fence, wall,building or walkway. D. Parking Space Dimension Reduction. When a parking space abuts a landscape planter, the front 2 feet of the required 19 foot length for a parking space may overhang the planter as provided in Chapter 232. 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 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. ord/04zoning/chap 231/4/5/04 12 1 111 I I I I 1100, . Oft. I I -t24ft. 2#L rOft. ' G:IDIV90RAW1171{ticetl COMMERCIAL CENTE MAIN ENTRANCE FOR PARKING LOTS W H OVER 200 SPACES DIA M B A minimum 3-foot-by-3-foot-wide euvering area shall be provided at the end of dead-end parking aisles less than 15 feet in length. A vehicle turnaround space shall be provided at the end of all dead- d parking aisles which exceed 150 feet in length (measured from the closest inters cting aisle with complete circulation). The maneuvering area and turnarou space shall be designed as depicted in Diagram C. Other turnaround arrangement providing the same maneuverability are subject to approval by the Director. ;� I fi. V Wheel Maneuvering 19 ft. 1� stop area I I I 9 ft. 26 ft. _ 1 I 3fi 3ft.! 12"Step off area G:1DIV9DRAW,73 I-RND.Bh1P URN-AROUND SPACE AND MANEUVERING AREA DIAGRAM C ord/04zoning chap 231/4/5/04 13 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. D. Residential parking. 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 - - -- - - - --- - - - - -AtttY- 251 DRIV WAY STREET STREET G1DIV9DRAM231-TURN.BMP TURNING RADIUS DIAGRAM D ord/04zoning/chap 231/4/5/04 14 I I .. 4. Driveway Width. Length of Drive Minimum Driveway Width 150 feet or less 10 ft. for single family dwellings 20 ft. for multi-family dwelli s Greater than 150 feet 20 feet clear width Exception: when designa d as fire lane, all Fire Department requiremen shall apply. 5. Guest Parking. All guest parking shall be fully acc ssible. 6. Coastal Zone. Each dwelling unit located in the oastal Zone shall have a minimum of 2 on-site parking spaces. If the to al coastal parking requirements exceed the total minimum parking as require y this chapter,the additional required parking spaces may be in tandem th enclosed spaces, provided the tandem space is assigned to an enclosed sp ce and complies with the required turning radius. 7. Planned Residential Developments. I a planned residential development where a garage is constructed a minimum ofP feet from the curb, the driveway in front of the garage may be used to provideoof the required uncovered spaces. 8. Privacy gates may be installed wi out a conditional use permit provided there is compliance with the following c teria prior to the issuance of building permits: 1) Fire Department approv for location and emergency entry. (3526-2/02) 2) Postmaster approval of ocation for mailboxes or entry for postal carrier. 3) Shall provide a drive ay withi-n a minimum of twenty(20) feet for vehicle stacking. 9. Driveway Air Space. T e airspace above all driveways which exceed 150 feet in length shall remain op to the sky, except that eaves or roof overhangs with a maximum 4-foot proj ction 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 secu ed parking area where there is no private garage. 11. Accesso Dwel m . One additional off-street parking space shall be required for an accessory d elling, except that in the coastal zone there shall be a minimum of four (4) parki g spaces on-site. E. Non-residential P rkin and Loading. 1. Design t Parkin . Parking spaces within an integrated, non-residential complex shall/note designated for exclusive use of any individual tenant except as auth by a parking management plan approved by the Director. 2. Parkontrols. Parking controls, such as valet service, or booths, and/or colt ction of fees may be permitted when authorized by conditional use permit 7ap roval by the Zoning Administrator. Privacy gates may be installed without a c nditional use permit provided there is compliance with the following criteria rior to the issuance of building permits: ord/04zoning/chap 231/4/5/04 15 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 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. 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. Loadina 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 Temporary Parking Lots. Seasonal and temporary parking lots may be allowed upon approval of a conditional use permit by the Zoning Administrator. Seasonal lots may operate only from Memorial Day through the third weekend in September and shall be located within 1,000 yards of the mean high tide line of the Pacific Ocean. Temporary and seasonal commercial parking lots may be permitted for a maximum of five years. The design and layout of seasonal and temporary parking lots shall comply with this chapter, Fire Department requirements, and the following standards: 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/04zoninp/chap 231/4/5/04 16 5. Directional and informational signs shall be-displayed on-site to dentify the entrance(s), fees, and hours of operation. Such signs shall be cated at the entrance of the parking lot and shall not exceed 12 square fie and shall be 6 feet high. Signs for seasonal parking lots shall be removed fro the site each season no later than the third weekend in September. 6. Automatic entry devices or fee collection points shall e set back a minimum of 20 feet from the public right-of-way, or at a distance ecommended by the Department of Public Works and approved by the rector. 7. An attendant shall be on duty at all times during usiness hours of seasonal parking lots. 8. An approved fire extinguisher shall be provi ed on the premises during business hours. 9. The site shall be maintained in a clean c dition, free from trash and debris. Trash containers shall be placed on the ite to accommodate and store all trash that accumulates on the lot. For seasonal parking lots, a certificate of' surance for combined single limit bodily injury and/or property damage includin products liability in the amount of$1,000,000 per occurrence shall be filed with the partment of Administrative Services. A hold harmless agreement holding the City armless shall also be filed with the Department of Administrative Services. Subsequent to approval of an appl' ation for any seasonal or temporary parking lot, the applicant shall meet all standards nd requirements and install all improvements. The parking lot shall then be inspect d and approved by the Director prior to issuance of a Certificate to Operate. G. Parking Structures. Parking tructures above or below grade shall be subject to conditional use permit appr val by the Planning Commission when no other entitlement is required. In addition, p king structures proposed within the coastal zone shall be subject to approval of a c astal development permit. All parking structures shall comply with the followi g requirements: 1. Transition ramps hich are also used as back-up space for parking stalls shall have a maximu slope of 5 percent. The maximum slope for transition ramps with no adj acet t parking spaces shall be 10 percent. A ramp used for ingress and egress to a pu lic street shall have a transition section at least 16 feet long and a maximum sl pe of 5 percent. 2. Parking st ctures with over 300 spaces shall provide secondary circulation ramps and additi nal ingress and egress if deemed necessary by a traffic study prepared by a stat -registered traffic engineer. 3. Parkin structures shall be provided with a minimum 10-foot-wide perimeter Zds ape planter at ground level. Parked cars shall be screened on each level gh landscape planters or trellises and/or decorative screening wall or railings. Th Design Review Board shall approve the landscaping plan. 4. 11 parking structures shall be architecturally compatible with existing or proposed structures and shall be subject to review and approval by the Design Review Board prior to hearing. The Design Review Board shall consider the ord/04zoning/chap 231/4/5/04 17 following factors in reviewing a proposal: bulk, scale, proportion,building materials, colors, sipage, 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. 231.20 Compact Parking The Zoning Administrator or Director may allow use of compact parking to satisfy a portion of the required parking upon finding that compact parking will result in a more,effective and efficient circulation pattern and parking layout and enhance the general appearance of the development and its surroundings. Compact spaces shall be distributed throughout the parking area and have the same aisle width as full-size spaces. Compact spaces shall be marked "COMPACT" on the foot of the stall. The number permitted shall be subject to the following standards: A. Non-residential developments with a minimum of 20 spaces shall be permitted to have 20 percent of the total spaces as compact parking. B. Residential developments with a minimum of 50 units may have 20 percent of the non- guest parking spaces as compact provided that an equitable system of assignment and distribution has been established. 231.22 Driveways; Visibility Visibility of a driveway crossing a street or alley property line or of intersecting driveways shall be consistent with the requirements of Section 230.88. 231.24 Landscape Improvements Landscape, planting and irrigation plans shall be prepared consistent with the requirements of Chapter 232. 231.26 Parking Area Plan Required Prior to the construction, reconstruction, or restriping of an off-street parking area, a parking area plan shall be submitted to the Director for the purpose of indicating compliance with the provisions of this section. This plan shall include: A. Location and description of fencing and architectural screen walls. B. Location and placement of parking stalls, including bumpers, striping and circulation, all dimensioned to permit comparison with approved parking standards. C. Location and placement of lights provided to illuminate the parking area. D. A drainage plan showing drainage to a public way in accordance with accepted standards or practices. E. A landscape, planting and irrigation plan prepared consistent with the requirements of Chapter 232. ord/04zoning/chap 231/4/5/04 18 I F. Existing off-street parking areas that were approved at a reduced dimensi (e.g. width, length, aisle width)may be'reconstructed and re-striped or only re-strip at their previous reduced dimension.' G. When re-striping,parking stalls shall be as depicted in Section 231 4, Diagram A. H. If a parking area is proposed to only be re-striped; no landscape drainage, or lighting plan t is required. Single-family dwellings on pre-existing lots are exempt from is requirement. 231.28 Oceanside or On-Street Parking within a Coastal Zone If any existing oceanside or on-street parking within the oastal zone is removed, it shall be replaced on a one for one basis in an area that would n result in the loss of any sandy beach area and within walking distance of the existing site. eplacement parking shall be assured prior to the issuance of the coastal development pe it and shall be provided before any existing parking is removed so that there will be n reduction in the number of parking spaces available. SECTION 2. This ordinance shall beco 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 y of ,2004. Mayor ATTEST: AP OVED AS TO FORM: City Clerk City Att rney REVIEWED AND APPROV D: INITIATED AND APPROVED: City Ad �nistrator Director of Planning ord/04zoning/chap 231/4/5/04 19 March 16,2004 LEGISLATIVE DRAFT C) ¢'&. � Chapter 231 Off-Street Parking and Loading Provisions (3334-6/97,3378-2/98,3494-5/01,3526-2/02) Sections: 231.02 Basic Requirements for Off-Street Parking and Loading 231.04 Off-Street Parking and Loading Spaces Required 231.06 Joint Use Parking 231.08 Reduced Parking for Certain Uses 231.10 Parking In-Lieu Payments Within Downtown Specific Plan Area 231.12 Parking Spaces for the Handicapped 231.14 Parking Space Dimensions 231.16 Application of Dimensional Requirements 231.18 Design Standards 231.20 Compact Parking 231.22 Driveways; Visibility 231.24 Landscape Improvements 231.26 Parking Area Plan Required 231.28 Oceanside or On-Street Parking within the Coastal Zone 231.02 Basic Requirements for Off-Street Parking and Loading A. When Required. At the time of initial occupancy of a site, construction of a structure, or major alteration or enlargement of a site or structure, off-street parking facilities and off-street loading facilities shall be provided in accord with this chapter and parking area landscaping shall be provided in accord with Chapter 232. For the purposes of these requirements, "major alteration or enlargement" shall mean a change of use, an expansion of greater than 50 percent of the existing space in a non-residential building or an addition of bedrooms or units in a residential building. A change in occupancy that does not involve a change in the use classification is not considered a change in use for purposes of this requirement unless the change in occupancy involves an intensification of use or an increase in parking demand. (3334-6/97) B. Nonconformin Parking or Loading. No existing use of land or structure shall be deemed to be nonconforming solely because of the lack of off-street parking or loading facilities required by this chapter, provided that facilities being used for off-street parking and loading as of the date of adoption of this chapter shall not be reduced in number to less than that required by this chapter. Expansion of a use with nonconforming parking shall be subject to the following requirements: (3334-6/97) 1. A multi-family residential use with nonconforming parking may be expanded by adding bedrooms or additional units provided that the expansion complies with current standards contained in this chapter; (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-1 2/02 March 16,2004 2. A single-family residence with nonconforming parking may be expanded by adding bedrooms provided the dwelling complies with current standards contained in this chapter; and (3334-6/97) 3. A nonresidential use with nonconforming parking may be expanded less than 50 percent of the existing square footage or intensified if additional parking is provided for the expansion or intensification. Expansions of 50 percent or more of the existing square footage require the site to be in total compliance with the current parking standards contained in this chapter. (3334-6/97) C. Spaces Required for Alteration or Enlar em�ent. The number of parking spaces or loading spaces required for an alteration or enlargement of an existing use or structure, or for a change of occupancy, shall be in addition to the number of spaces existing prior to the alteration, enlargement, or change of occupancy unless the preexisting number is greater than the number prescribed in this chapter. In this case, the number of spaces in excess of the prescribed minimum shall be counted in determining the required number of parking or loading spaces. (3334-6/97) D. maces Required for Multiple Uses. If more than one use is located on a site, the number of off-street parking spaces and loading spaces to be provided shall be equal to the sum of the requirements prescribed for each use. This requirement applies not only to multiple uses under separate ownership but also to multiple uses in the same ownership. If the gross floor area of individual uses on the same site is less than that for which a loading space would be required by Section 231.06A, but the aggregate gross floor area of all uses is greater than the minimum for which loading spaces would be required, the aggregate gross floor area shall be used in determining the required number of loading spaces. (3334-6/97) E. Location and Ownership. Parking facilities required by this chapter shall be on the same site as the use served, except that an adjacent lot may be used which is in the same person's possession as the structure or use. Such possession may be by deed or long- term lease, approved as to form by the City Attorney, and recorded in the Office of the County Recorder. A copy of the recorded document stipulating the reservation of the property for parking purposes shall be filed with the City prior to issuance of a building permit and/or certificate of occupancy, whichever occurs first. No use shall be continued if the parking is removed from the adjacent lot unless substitute parking is provided. Parking facilities provided by a parking district or parking authority are not subject to these locational requirements. (3334-6/97) 1. Parking in Yards in R Districts. The parking of motor vehicles, trailers, campers and boats shall be prohibited on all landscaped areas within the front one-half of the lot except as provided below. (3334-6/97) (a) Oversized vehicles (see Definitions Chapter 203), campers, trailers and boats on trailers may be parked on the paved driveway area or on a paved area between the driveway and the nearest side property line provided that they do not project over any property line and that the area is kept free of trash, debris and parts. (3334-6/97) (b) Commercial oversized vehicles (see Definitions Chapter 203) or special purpose machines shall be prohibited in any yard area. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-2 6/97 March 16,2004 2. Parking in Yards in C or I Districts. Required yards may be used for required parking, subject to the landscaping standards of Chapter 232. (3334-6/97) 3. Access. When a lot abuts an arterial highway and a local street, access to on-site parking shall be from the local street. When a lot abuts an alley, then access to parking shall be provided from the alley unless the Planning Commission approves a different access. When a lot abuts two arterial highways or two local streets, access shall be subject to the approval of the Director of Public Works. (3334-6/97) 4. Non-residential Parking in R Districts. Non-residential parking serving adjacent commercial or industrial uses shall not be located in any R zoned property. (3334-6/97) 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. 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 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) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-3 6/97 March 16,2004 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 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. (3526-2/02) (rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-4 2/02 March 16,2004 OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (3334-6/97) 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. (rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-5 6/97 March 16,2004 OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (continued)(3334-6/97) Use Classification Off-Street Parking Spaces 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 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 (18 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 Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-6 6/97 March 16,2004 OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (continued)(3334-6/97) Use Classification Off-Street Parking Spaces Schools, Public or Private-cont. Trade schools, music 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. 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. except that area designated for group instruction shall be parked at a ratio of 1 per 100 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 Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-7 6/97 March 16,2004 OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (continued)(3334-6/97) Use Classification Off-Street Parking Spaces Eating and Drinking Establishments- cont with dancing Plus 1 per 50 sq. ft. of dancing area with drive through service Plus queue space for 5 cars per service window Food and Beverage Sales 1 per 200 sq. ft. Furniture and Appliance Stores 1 per 500 sq. ft. excluding areas used for storage or loading, but not less than 5 Funeral and Interment Services 1 per 35 sq. ft. of seating space 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. 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 1 per 35 sqq ft. of instruction area; or Maximum 1 per 200 sq. ft. provided the number of students per classroom does not exceed required number of parking spaces, plus instruction area does not exceed 75 percent of floor 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 (3378-2/98) 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) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-8 2/98 March 16,2004 OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (continued)(3334-6/97) Use Classification Off-Street Parking Spaces 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- 2/98) Swap Meets, Indoor/Flea Markets 1 A 00 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 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 Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-9 2/98 March 16,2004 OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (continued) (3334-6/97) Use Classification Off-Street Parking Spaces 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) Warehouse and Sales Outlets 1 per 200 sq. ft. Industrial Speculative buildings 1 per 500 sq. ft. (maximum 10% office area) 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 231.06 Joint Use Parking In the event that two (2) or more uses occupy the same building, lot or parcel of land, the total requirement for off-street parking shall be the sum of each individual use computed separately except as provided in this section. (3334-6197) The Planning Commission or Zoning Administrator may grant a reduction in the total number of required spaces as part of the entitlement for the use or uses, or by conditional use permit when no other entitlement is required, when the applicant can demonstrate that the various uses have divergent needs in terms of daytime versus nighttime hours or weekday versus weekend hours. Such joint use approvals shall be subject to the following: (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-10 5/01 March 16,2004 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 A. The Planning Commission Zoning Administrator 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: (3334- 6/97,3526-2/02) 1. The parking demand will be less than the requirement in Schedule A; and (3334- 6/97,3526-2/02) 2. The proposed use of the building or structure, will not generate additional parking demand; and (3334-6/97,3526-2/02) 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. The Planning Commission Zoning Administrator 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. (3334-6/97,3526-2/02) 231.10 Parking In-Lieu Payments Within Downtown Specific Plan Area 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) 231.12 Parking Spaces for the Handicapped New and existing parking facilities shall comply with the State Handicapped Regulations as mandated in State law. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-11 2/02 March 16,2004 231.14 Parking Space Dimensions (3334-6/97) Required parking spaces shall have the following minimum dimensions in feet. Striping requirements are depicted in Diagram A. Directional signs and/or pavement markings shall be provided in any facility in which one-way traffic is established. (3334-6/97) Angle of Stall Stall Aisle Width' Parking Width Depth 1-way 2-way 00 9 19 (with 8 ft. Striped 12 20 (Parallel) maneuvering area between every 2 spaces) 300 9 19 14 20 450 9 19 15 20 600 9 19 20 20 900 9 19 26 26 Residential 9 19 25 25 Compact 8 17 subject to Section 231.20 I Minimum 24 feet when determined by Fire Department to be a fire lane. (rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-12 6/97 March 16,2004 300 ,450 & 600 Parking 4DF 79Ft ra Io• i� 900 Parking 24 In. Exterior i Dimension i l - --� j 1 C 19 Ft. j 18 In. Interior Dimension i Parallel Parking 9 ft. \ _ _ 8 ft. _I_ 19 ft. _I 19 ft. G:1DIV9DRAA1M1 STRP.BM STRIPING REQUIREMENTS DIAGRAM A Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-13 6/97 March 16,2004 231.16 Application of Dimensional Requirements A. Relation to Walls and Posts/Columns. A parking space on a site with more than five (5) parking spaces and which is adjacent to a wall over twelve (12) inches in height shall be increased in width by three (3) feet. Post/columns may be permitted along the side of each space only within three (3) feet of the head and foot of each stall. (3334-6/97) B. Vertical Clearance. Vertical clearance for parking spaces shall be 7 feet, except that an entrance may be 6.67 feet. When handicapped parking is provided, vertical clearance shall comply with California Code of Regulations (Title 24, Part 2, Chapter 2-71). (3334-6/97) For residential uses, non-structural improvements including wall-mounted shelves, storage surface racks, or cabinets may encroach into the vertical clearance, provided a minimum 4.5 feet vertical clearance is maintained above the finished floor of the garage within the front 5 feet of a parking space. (3334-6/97) C. Wheel Stops. All spaces shall have wheel stops 2.5 feet from a fence, wall, building or walkway. (3334-6/97) D. Parking Space Dimension Reduction. When a parking space abuts a landscape planter, the front 2 feet of the required 19 foot length for a parking space may overhang the planter as provided in Chapter 232. (3334-6/97) 231.18 Design Standards A. Public Works Requirements. Drive entrances on arterial highways shall be located in a manner to coordinate with future median openings and in accord with Department of Public Works standards. The paved surface of driveways and drive entrances shall comply with Department of Public Works specifications. Parking facilities shall be prepared, graded, and paved to ensure that all surface waters will drain into a public street, alley, storm drain, or other drainage system approved by the Department of Public Works. Aisle ways without adjacent parking shall be a minimum 24 feet in width. (3334-6/97) B. Circulation Design. All off-street parking spaces shall have access to a public street or alley, and shall have internal circulation, safe entrances and exits, drives, and aisles in conformance with City standards. Every required parking space shall have unobstructed access from an aisle without moving another vehicle. All parking spaces, except residential garages and carports for single-family dwellings and duplexes, shall have forward travel to and from parking facilities when access is to a dedicated street. Traffic circulation shall be designed so that no vehicle need enter a public street in order to progress from one aisle to any other aisle within the same development. (3334-6/97) Commercial centers which have 200 parking spaces or more shall have at least one main entrance designed as depicted in Diagram B. (3334-6/97) (rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-14 6/97 March 16,2004 i I I I I I I 100, I I 4ft. I I 24ft. 24ft. 4ft. GADINDRAWMI-ENUM 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. 2 ft. Wheel Maneuvering 19 ft. stop area I I I 9 ft. 26 ft. I aft �3 ft. 12"Step off area c:\D1V9DFnvr\2si-MD.RMP TURN-AROUND SPACE AND MANEUVERING AREA DIAGRAM C Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-15 6/97 r March 16,2004 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. (3334-6/97) D. Residential parking. (3334-6/97) 1. Garages and Carports. All required garages and carports, permitted as accessory structures, shall be constructed at the same time as the main building and shall be used only by persons residing on the premises for storage of personal vehicles and other personal property. (3334-6/97) 2. Assignment of Spaces. Each studio and one bedroom dwelling unit shall have a minimum of one assigned parking space and each two or more bedroom units shall have a minimum of two assigned parking spaces. Each dwelling unit shall have an enclosed, assigned space which shall be within 200 feet walking distance of that unit and designated as such. The assigned spaces shall be provided with the rental of a dwelling unit without any additional cost. All unassigned spaces provided on site shall be open and only used for the parking of vehicles by persons residing on the property or their guests. (3334-6/97) 3. Turnin Radius.adius. 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) (3334-6/97) STREET GA AGE --- —-— - - —- — - —- —AtL-EY- DRIVEWAY STREET STREET G:1DIV9DRAVM31-TU RN.BMP TURNING RADIUS DIAGRAM D Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-16 6/97 March 16,2004 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: (3526-2/02) 1) Fire Department approval for location and emergency entry. (3526-2/02) 2) Postmaster approval of location for mail boxes or entry for postal carrier. (3526-2/02) 3) Shall provide a driveway withi*a minimum of twenty(20) feet for vehicle stacking. (3526-2/02) 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. (3334-6/97, 3526-2/02) 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. (3334-6/97,3526- 2/02) 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.(3334-6/97,3526-2/02) E. Non-residential Parking and Loadinf4. (3334-6/97) 1. Designated Parkin. 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) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-17 2102 March 16,2004 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 Gemmission Zoning Administrator. 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: (3334-6/97,3526- 2/02) 41)Fire Department approval for location and emergency entry. (3526-2/02) -52)Postmaster approval of location for mail boxes or entry for postal carrier. (3526- 2/02) 63)Shall provide a driveway with a minimum of twenty(20) feet for vehicle stacking. (3526-2/02) 3. Minimum Driveway Width. 25 feet when providing access to the rear of a structure. (3334-6/97) 4. Reciprocal Access. Reciprocal ingress/egress access with adjacent properties shall be provided for all commercial properties. (3334-6/97) 5. Loading Location. On a site adjoining an alley, a required loading space shall be accessible from the alley unless alternative access is approved by the Director. An occupied loading space shall not prevent access to a required parking space. Truck or rail loading, dock facilities, and doors for such facilities shall not face or be located within 45 feet of property zoned or general planned residential. (3334- 6/97) 6. Loading Design. Any loading facility shall be designed and located so that vehicles need not extend onto the public sidewalks, streets or alleys during loading activities. (3334-6/97) 7. Landscape Buffer. Where the side or rear yard of a parcel is used for loading activities and abuts an R District, a landscaped buffer along the property line shall be provided. (3334-6/97) F. Seasonal and Temporary Parking Lots. Seasonal and temporary parking lots may be allowed upon approval of a conditional use permit by the Zoning Administrator. Seasonal lots may operate only from Memorial Day through the third weekend in September and shall be located within 1,000 yards of the mean high tide line of the Pacific Ocean. Temporary and seasonal commercial parking lots may be permitted for a maximum of five years. The design and layout of seasonal and temporary parking lots shall comply with this chapter, Fire Department requirements, and the following standards: (3334-6/97) 1. Paving shall be 2 inches of asphalt over compacted native soil, or as approved by the Department; except seasonal parking lots shall be surfaced to meet minimum specifications for support of vehicles and to provide dust control as required by the Zoning Administrator. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-18 2/02 March 16,2004 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. (3334-6/97) 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. (3334-6/97) 4. Seasonal parking lots are exempt from landscaping requirements of Chapter 232. (3334-6/97) 5. Directional and informational signs shall be displayed on-site to identify the entrance(s), fees, and hours of operation. Such signs shall be located at the entrance of the parking lot and shall not exceed 12 square feet and shall be 6 feet high. Signs for seasonal parking lots shall be removed from the site each season no later than the third weekend in September. (3334-6/97) 6. Automatic entry devices or fee collection points shall be set back a minimum of 20 feet from the public right-of-way, or at a distance recommended by the Department of Public Works and approved by the Director. (3334-6/97) 7. An attendant shall be on duty at all times during business hours of seasonal parking lots. (3334-6/97) 8. An approved fire extinguisher shall be provided on the premises during business hours. (3334-6/97) 9. The site shall be maintained in a clean condition, free from trash and debris. Trash containers shall be placed on the site to accommodate and store all trash that accumulates on the lot. (3334-6/97) 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. (3334-6/97) Subsequent to approval of an application for any seasonal or temporary parking lot, the applicant shall meet all standards and requirements and install all improvements. The parking lot shall then be inspected and approved by the Director prior to issuance of a Certificate to Operate. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-19 6/97 March 16,2004 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:(3334-6/97) 1. Transition ramps which are also used as back-up space for parking stalls shall have a maximum slope of 5 percent. The maximum slope for transition ramps with no adjacent parking spaces shall be 10 percent. A ramp used for ingress and egress to a public street shall have a transition section at least 16 feet long and a maximum slope of 5 percent. (3334-6/97) 2. Parking structures with over 300 spaces shall provide secondary circulation ramps and additional ingress and egress if deemed necessary by a traffic study prepared by a state-registered traffic engineer. (3334-6/97) 3. Parking structures shall be provided with a minimum 10-foot-wide perimeter landscape planter at ground level. Parked cars shall be screened on each level through landscape planters or trellises and/or decorative screening wall or railings. The Design Review Board shall approve the landscaping plan. (3334-6/97) 4. All parking structures shall be architecturally compatible with existing or proposed structures and shall be subject to review and approval by the Design Review Board prior to hearing. The Design Review Board shall consider the following factors in reviewing a proposal: bulk, scale, proportion, building materials, colors, signage, architectural features, and landscaping. (3334-6/97) 5. All parking structures proposed for conversion to a fee parking arrangement shall be subject to conditional use permit approval by the Planning Commission. Public parking structures within the coastal zone proposed for conversion to a fee parking arrangement shall be subject to approval of a coastal development permit. (3334-6/97) 231.20 Compact Parking (3334-6/97) The Planning Commission, City Gauneil, ^r Zoning Administrator or Director w hiehove- is the ryyiew body, may allow use of compact parking to satisfy a portion of the required parking upon finding that compact parking will result in a more effective and efficient circulation pattern and parking layout and enhance the general appearance of the development and its surroundings. Compact spaces shall be distributed throughout the parking area and have the same aisle width as full-size spaces. Compact spaces shall be marked "COMPACT" on the foot of the stall. The number permitted shall be subject to the following standards: (3334-6/97) A. Non-residential developments with a minimum of 20 spaces shall be permitted to have 20 percent of the total spaces as compact parking. (3334-6/97) B. Residential developments with a minimum of 50 units may have 20 percent of the non- guest parking spaces as compact provided that an equitable system of assignment and distribution has been established. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-20 6/97 March 16,2004 231.22 Driveways; Visibility Visibility of a driveway crossing a street or alley property line or of intersecting driveways shall be consistent with the requirements of Section 230.88. (3334-6/97) 231.24 Landscape Improvements Landscape, planting and irrigation plans shall be prepared consistent with the requirements of Chapter 232. (3334-6/97) 231.26 Parking Area Plan Required Prior to the construction, reconstruction, or restriping of an off-street parking area, a parking area plan shall be submitted to the Director for the purpose of indicating compliance with the provisions of this section. This plan shall include: (3334-6/97) A. Location and description of fencing and architectural screen walls. (3334-6/97) B. Location and placement of parking stalls, including bumpers, striping and circulation, all dimensioned to permit comparison with approved parking standards. (3334-6/97) C. Location and placement of lights provided to illuminate the parking area. (3334-6/97) D. A drainage plan showing drainage to a public way in accordance with accepted standards or practices. (3334-6/97) E. A landscape, planting and irrigation plan prepared consistent with the requirements of Chapter 232. (3334-6/97) F. Existing off-street parking areas that were approved at a reduced dimension (e.g. width, length, aisle width) may be reconstructed and re- striped or only re-striped at their previous reduced dimension. G. When re-striping, parking stalls shall be as depicted in Section 231.14, Diagram A. R. If a.parking area is proposed to only be re-striped; no landscape, drainage, or lighting plan is required. Single-family dwellings on pre-existing lots are exempt from this requirement. (3334-6/97) 231.28 Oceanside or On-Street Parking within the Coastal Zone If any existing oceanside or on-street parking within the coastal zone is removed, it shall be replaced on a one for one basis in an area that would not result in the loss of any sandy beach area and within walking distance of the existing site. Replacement parking shall be assured prior to the issuance of the coastal development permit and shall be provided before any existing parking is removed so that there will be no reduction in the number of parking spaces available. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 231 231-21 6/97 ORDINANCE NO. 3645 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 230 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED SITE STANDARDS The City Council of the City of Huntington Beach does hereby orda' as follows: SECTION 1. Chapter 230 of the Huntington Beach Zoning an Subdivision Ordinance is hereby amended to read as follows: b., :;..g - F=:'.3.w':;= ,:" '.,::r`s "g'>✓ .°h'a"�Tw 7a-,%.%-'.,.�P;.�.._^:..�r"Swf,5r,"„3'z°'j,O r_�S_„�c><t_xr„ph7J.,x,x�m.r�.w�°°„ .,-�..`;. _:_:z.--w:. :�_. :b rGd`, .ws, ^1-;„ .a'+- e ., :f£&. .�;. .,. � �a Sections: 230.02 Applicability Residential Districts 230.04 Front and Street Side Yards in Dev oped Areas 230.06 Religious Assembly Yard Requir ents 230.08 Accessory Structures 230.10 Accessory Dwelling Units 230.12 Home Occupation in R Distri is 230.14 Affordable Housing-Incenti es/Density Bonus 230.16 Manufactured Homes 230.18 Subdivision Sales Office and Model Homes 230.20 Payment of Park Fee 230.22 Residential Infill Lot evelopments 230.24 Small Lot Developm ht.Standards 230.26 (Reserved) 230.28 (Reserved) 230.30 (Reserved) Non-Residential Districts 230.32 Service Sta ons 230.34 Housing o Goods 230.36 Transpo tion Demand Management 230.38 Game nters 230.40 Helic ter Takeoff and Landing Areas 230.42 Bed d Breakfast Inns 230.44 Re cling Operations 230.46 Si gle Room Occupancy 230.48 questrian Centers 230.50 ndoor Swap Meets/Flea Markets 230.52 (Reserved) 230.54 (Reserved) 230.5 (Reserved) 230. 8 (Reserved) 23 .60 (Reserved) All Districts 230.62 Building Site Required 230.64 Development on Substandard Lots ord/04zonine/chap 230/4/5/04 1 230.66 Development on Lots Divided by District Boundaries 230.68 . Building Projections into Yards and Courts 230.70 Measurement of Height 230.72 Exceptions to Height Limits 230.74 Outdoor Facilities 230.76 Screening of Mechanical Equipment 230.78 Refuse Storage Areas 230.80 Antennae 230.82 Performance Standards for All Uses 230.84 Dedication and Improvements 230.86 Seasonal Sales 230:88 Fencing and Yards 230.90 Contractor Storage Yards/Mulching Operations 230.92 Landfill Disposal Sites 230.94 Carts.and Kiosks 230.96 Wireless Communication Facilities 230.02 Applicability This chapter contains supplemental land use and development standards, other than parking and loading, landscaping and sign provisions, that are applicable to sites in all or several districts. These standards shall be applied as specified in Title 21: Base Districts, Title 22: Overlay Districts, and as presented in this chapter. Residential Districts 230.04 Front and Street Side Yards in Developed Areas Where lots comprising 60 percent of the frontage on a blockface in an R district are improved with buildings that do not conform to the front yard requirements, the Planning Commission may adopt by resolution a formula or procedure to modify the front and street side yard setback requirements. The Planning Commission also may modify the required yard depths where lot dimensions and topography justify deviations. Blocks with such special setback requirements shall be delineated on the zoning map. Within the coastal zone any such setback modifications adopted by the Planning Commission shall be consistent with the Local Coastal Program. 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 For purposes of applying these provisions, accessory structures are inclusive of minor accessory structures, except where separate provisions are provided in this section. 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 principal structure on a site. An accessory structure shall be setback 5 feet from the ord/04zoning/chap 230/4/5/04 2 rear property line except no setback is required for accessory structures, excludin garages and carports; which abut an alley. Minor accessory structures maybe located in required side and rear yard setbac provided that the structure is located in the rear two-thirds of the lot and a minimum fiv foot clearance is maintained between said structure and dwelling if it is located in the requ' ed side yard. Minor accessory structures that are decorative such as landscape garden w s, fire pits, freestanding barbecues/fireplaces, sculptures, and fountains may be locat d anywhere on the property provided: 1.They do not exceed 6-feet in height or exceed 42-inches in hei t when located within the front yard setback and; 2.A minimum 5-foot clearance is maintained between said st cture and the dwelling if it is located in a required side yard; and 3. Rock formations shall be setback 1-foot from the side d/or rear property lines for each foot of rock formation height, maximum 5-foot tback required. ET SP�3G� 1�"T1� p WA LL— PO S is �{�t�. '�f �.:;:�,,.��/e�.•'`., +�. � t�.,;v ."�;�,; Swimminp, Pools and S ides. 1. Pool heater ent shall be located in compliance with the Uniform Swimming Pool, Spa and H Tub Code and; 2. Swimmin pool slides that are five feet or greater in height shall be setback a minimu of five feet from the side and rear property lines. Mechanical ui ment. May be located in required side and rear yard setbacks in conforman with Section 230.68. Mechanical equipment shall be located to minimize noise impacts o contiguous properties as required by Section 230.22. C . Maxi m.d-lei ht. 15 feet, except a detached garage for a single family dwelling may exceed the imum height when it is designed to be architecturally compatible with the main dwelling and does not include habitable floor area. ord/04zoning/chap 230/4/5/04 3 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-Director approval. Requests 6 shall be submitted to the Director accompanied by the required Neighborhood Notification, 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 Director-shall approve-an accessory dwelling unit-upon finding that the following conditions have been met: 1. The dwelling conforms to the design and development standards for accessory dwelling units established in Subsection (B) of Section 230.10 and Section 230.22 A., of the HBZSO; 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 is owner-occupied; and 4. Public and utility services including emergency access are adequate to serve both dwellings. B. Design and Development Standards. 1. Minimum Lot Size. 6,000 square feet. 2. Maximum Unit Size. The maximum square footage of the accessory dwelling unit shall not exceed 650 square feet and shall not contain more than one bedroom. 3. Required Setbacks. Accessory dwelling units shall comply with minimum setbacks of Chapter 210. 4. Height and Building Coverage. The basic requirements of Chapter 210 shall apply unless modified by an overlay district. 5. Parking. All parking spaces shall comply with Section 231.18D. 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. ord/04zoning/chap 230/4/5/04 4 D. Covenant Recorded. A covenant with the ownership requirements shall be filed f recordation with the County Recorder within 30 days of Planning Department P Check approval and prior to issuance of building permits. Evidence of such filing sh be submitted. to the Director within 30 days of approval. E. Parkland Dedication In-lieu Fee, A parkland dedication in-lieu fee shall assessed as set by resolution of the City Council pursuant to Section 230.20 and paid prior o issuance of the building permit. .230.12 Home Occupation in R Districts A. Permit Required. A home occupation in an R district shall requ' e a Home Occupation Permit, obtained by filing a completed application form with t e Director. The Director shall approve the permit upon determining that the proposed hom occupation complies with the requirements of this section. B. Contents of Application. An application for a Home Oc pation Permit shall contain: 1. The name, street address, and telephone number the applicant; 2. A complete description of the proposed home cupation, including number and occupation of persons employed or persons r ained as independent contractors, amount of floor space occupied, provisions for stora a of materials, and number and type of vehicles used. C. Required Conditions. Home occupations s 11 comply with the following conditions: 1. A home occupation shall be conducte entirely within one room in a dwelling.No outdoor storage shall be permitted. arages shall not be used in connection with such business except to park business v icles. 2. No one other,than a resident of t e dwelling shall be employed on-site or report to work at the site in the conduct of a h e occupation. This prohibition also applies to independent contractors. 3. There shall be no display of erchandise, projects, operations, signs or name plates of any kind visible from outsi e the dwelling. The appearance of the dwelling shall not be altered, or shall the busin s be conducted in a manner to indicate that the dwelling or its premises is used for a no -residential purpose, whether by colors, materials, construction, lighting, windows, sig , sounds or any other means whatsoever. 4. A home occupation s all not increase pedestrian or vehicle traffic in the neighborhood. 5. No commercial ve icle or equipment used in conjunction with the home occupation shall be parked overni t on an adjacent street or in any yard visible from the street. 6. No motor vehi e repair for commercial purposes shall be permitted. 7. A home occu ation shall not include an office or salesroom open to visitors, and there shall be no vertising of the address of the home occupation. 8. A Neighb rhood Notification shall be in compliance with Chapter 241 when a home occupati n involves instruction and/or service, e.g. music lessons, beauty shop, swimm' g lessons. Where a home occupation involves swimming instruction in an outdo swimming pool, each swimming class shall be limited to 4 students, and no more than vehicles shall be used to transport students to such classes. ord/04zoning/chap 230/4/5/04 5 9. Any authorized City employee may inspect the premises of a home occupation upon 48 hours notice to ascertain compliance with these conditions and any requirements of this code. The'permit for a home occupation that is not operated in compliance with these provisions shall be revoked°by the Director after 30 days written notice unless the home occupation is altered to comply. 230.14 Affordable Housing Incentives/Density Bonus A. When a developer of a residential property which is zoned and general planned to allow five (5) or more dwelling units proposes to provide affordable housing, he or she may request a density bonus and/or other incentive through a conditional use permit subject to the provisions contained in this section. A density bonus request pursuant to the provisions contained within this section shall not be denied unless the project is denied in•its entirety. B. The City may grant incentives to the developer. An incentive includes, but is not limited to, the following: 1. A density bonus. 2. A reduction in site development standards or architectural design requirements which exceed the minimum building standards contained within the Uniform Building Code as adopted by the City including, but not limited to, a reduction in setback, lot coverage, floor area ratio, parking and open space requirements. 3. Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located. 4. A reduction.in development and/or processing fees. 5. Other regulatory incentives or concessions proposed by the developer or the City which result in identifiable cost reductions. 6. Financial assistance by the City, i.e., housing set-aside funds. 7. Other incentives mutually agreeable to the City and developers consistent with all City, State and Federal laws, rules, standards, regulations and policies. C. Target rents/mortgage payments. 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. ord/04zoning/chap 230/4/5/04 6 D. Affordability requirements. 1. Percentage of affordable units required. To qualify for a density bonus and/or o er incentives,the developer of a residential project must agree to one of the follo ng: a. Provide at least twenty percent(20%) of the total units of the housing velopment for lower income households; or b. Provide at least ten percent (10%) of the total units of the housing evelopment for very low income households; or c. Provide at least fifty percent (50%) of the total units of the ho sing development for qualifying senior residents. The density bonus shall not be included when determining th number of housing units required to be affordable. Remaining units may be rented, Id, or leased at "market" rates. If a developer is granted a density bonus in excess of t my-five percent (25%), those additional units above the twenty-five percent (25%) ay be required to be maintained affordable for "moderate income" households. 2. Duration of affordability. Units required to be of rdable as a result of the granting of a density bonus and other incentives shall remain ffordable for thirty(30) years. If the City does not grant at least one concession or ' centive pursuant to this chapter in addition to the density bonus, or provides of r incentives in lieu of the density bonus, those units required to be affordable shall r ain so for ten (10)years. 3. Affordable unit distribution and product ix. Affordable units shall be located throughout the project and shall includ a mixture of unit types in the same ratio as provided throughout the project. 4. Affordability agreement. Affordab' ity shall be guaranteed through an "Affordability Agreement" executed between th developer and the City. Said agreement shall be recorded on the subject property ith the Orange County Recorder's Office as provided in Section 65915, et seq. of the C ifornia Government Code, prior to the issuance of building permits and shall beci me effective prior to final inspection of the first unit. The subject agreement shall be le ally binding and enforceable on the property owner(s) and any subsequent property o er(s) for the duration of the agreement. The agreement shall include, but is not limited o, the following items: a. The number of and uration of the affordability for the affordable units; b. The method in w ich the developer and the City are to monitor the affordability of the subject affordab e units and the eligibility of the tenants or owners of those units over the period of t e agreement; c. The method n which vacancies will be marketed and filled; d. A descrip on of the location and unit type (bedrooms, floor area, etc.) of the affordab a units within the project; and e. Stand rds for maximum qualifying household incomes and standards for maximum rent or sales prices. 5. City tion. Pursuant to this section the City shall: ord/04zoning/chap 230/4/5/04 7 a. Grant a density'bonus and at least one of the concessions or incentives identified in Section 230.188 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. 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... No project shall be deemed approved until the Affordability Agreement has been approved by the City Council. 4. The Zoning Administrator/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. ord/04zoning/chap 230/4/5/04 8 F. Required findin s�pproval. . 1.. Density bonus. In granting a conditional use permit for a density bonus, the oning Administrator/Planning Commission/City Council shall make all of the fol wing findings: a. The proposed project, which includes a density bonus, can be ade ately serviced by the City and County water, sewer, and storm drain systems with t significantly impacting the overall service or system. b. The proposed project, which includes a density bonus, will of have a significant adverse impact on traffic volumes and road capacities, sc of enrollments, or recreational resources. c. The proposed project which includes a density bonus s compatible with the physical character of the surrounding area. d. The proposed project which includes a density b nus is consistent with the overall intent of the General Plan. e. If located within the coastal zone, the propo d project which includes a density bonus will not result in the fill, dredge, or king of a wetlands. 2. Other incentives. A request for an addition incentive shall not be denied by the Zoning Administrator, Planning Commission or C* Council unless a finding is made that the incentive is not necessary to the establis ent of affordable units. In granting any other incentives as de f ed in this section, the Zoning Administrator/Planning Commission/ ity Council shall be required to make all of the following findings: a. The granting of the proposed her incentive(s) will not have an adverse impact on the physical character of the sun unding area. b. The granting of the propo d other incentive(s) is consistent with the overall intent of the General Plan. c. The granting of the pr osed other incentive(s) will not be detrimental to the general health, welfare, and s ety of persons working or residing in the vicinity. d. The granting of the roposed other incentive(s) will not be injurious to property or improvements in t e vicinity. e. The granting of e proposed other incentive(s) will not impose an undue financial hardship on th City. f. If the other i centive is a modification of development standards, the granting of the other incen ve is necessary to achieve the target affordable rents/mortgage payments for the aff dable units. g. The gra ing of the proposed other incentive will not result in the filling or dredging of wet] nds. 230.16 Ma ufactured Homes A. General equirements. 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 ord/04zoning/chap 230/4/5/04 9 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. DesiQn Criteria: Manufactured homes shall be compatible in design and appearance with residential structures in the vicinity and shall meet the following standards: a. Each manufactured house must be at least 16 feet wide; b. It must be built on a permanent foundation approved by the Building Official; c. It must have been constructed after June 1, 1979, and must be certified under the National Manufactured Home Construction and Safety Act of 1974; d. The unit's skirting must extend to the finished grade; e. Exterior siding must be compatible with adjacent residential structures, and shiny or metallic finishes are prohibited; f. The roof must have a pitch of not fewer than 2 inches vertical rise per 12 inches horizontal distance, with eave overhangs a minimum of 12 inches; g. The roof must be of concrete or asphalt tile, shakes or shingles complying with the most recent editions of the Uniform Building Code fire rating approved in the City of Huntington Beach; h. The floor must be no higher than 20 inches above the exterior finished grade; and i. Required enclosed parking shall be compatible with the manufactured home design and with other buildings in the area. C. Cancellation of State Registration. Whenever a manufactured home is installed on a permanent foundation, any registration of said manufactured home with the State of California shall be canceled, pursuant to state laws and standards. Before occupancy, the owner shall provide to the Director satisfactory evidence showing: that the state registration of the manufactured house has been or will, with certainty, be canceled; if the manufactured house is new and has never been registered with the state, the owner shall provide the Director with a statement to that effect from the dealer selling the home. ord/04zoning/chap 230/4/5/04 10 230.18 Subdivision Sales Offices and Model Homes Subdivision sales offices and model homes in conjunction-with an approved subdivis' n is permitted with the following requirements. A. The office shall be discontinued within 30 days following sale of the last on ite unit. A cash bond shall be posted with the City in the amount of$1,000 for the sales of ce and $1,000 for each model home to guarantee compliance with the provisions of this co B. The developer or contractor shall furnish a site plan showing the plac ent of the sales office and all model signs, parking signs, directional signs, temporary stru ures,parking and landscaping. C. No sales office shall be converted or expanded into a general b siness office for the contractor or developer. 230.20 Payment of Park Fee As a condition of development approval, all new commer ial and industrial development and all new residential development not covered by Chapter 25 of Title 25, Subdivision Ordinance, except for mobile home parks, shall pay a park fee. T fees shall be paid and calculated according to a schedule adopted by City Council reso tion. 230.22 Residential Infill Lot Developments The following Residential Infill requirements a intended to minimize impacts on contiguous developed single family residential property d provide standards that insure compatibility and appropriate design for projects located with' existing residential neighborhoods, unless to do so would contravene the terms of an existing evelopment Agreement. Infill development site plans and buildi design shall be harmonious and compatible with streets, driveways, property lines, and rrounding neighborhood. Compatibility considerations should include, but not be limited to, of size, lot frontages; building layout, building configuration and design, building aterials,product type, grade height and building height relative to existing dwellings, and sual intrusion concerns. The Director of Community Development shall cause all requ is for plan check and issuance of building permits for residential infill lot developmen to be reviewed in accordance with these requirements. A. Privacy Design Standards 1. New residences and ccessory dwelling units shall off-set windows from those on existing residence to insure maximum privacy. The use of translucent glass or similar material, shall be sed for all bathroom windows facing existing residences. Consider locating window high on elevations to allow light and ventilation, and insure privacy. 2. Minimize the anyon effect between houses by clipping roof elevations on side yards. Provide roof ine variations throughout a multi-dwelling infill development. 3. Provide ar itectural features (projections, off-sets) to break up massing and bulk. 4. Upper s ry balconies shall be oriented toward the infill house's front or rear yard areas, a public treet or permanent open space. B. Noise C nsiderations. ord/04zoning/chap 230/4/5/04 11 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. C. Pad Height. 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 I , surrounding properties in terms of compatibility and drainage issues. D. Public Notification Requirements. Ten (10) working days prior to submittal for plan check (plan review)the applicant shall give notice of the application to adjacent property owners and the City of Huntington Beach, Department of Community Development by first class mail. The notice of application shall include the following: a. Name of applicant; b. Location of planned development, including street address(if known) and/or lot and tract number; c. Nature of the planned development, including maximum height and square footage of each proposed infill dwelling unit; 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. 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. 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 Zoning Administrator or Planning Commission prior to development approval: ord/04zoning/chap 230/4/5/04 12 1. Architectural features and general appearance of the proposed development s 1 enhance the orderly and harmonious development of the area or the community as a ole. 2. Architectural features and complementary colors shall be incorporated i o the design of all exterior surfaces of the building in order to create an aesthetically easing.project. 3. All vehicular access ways shall be designed with landscaping and uilding variation to eliminate an alley-like appearance. 1' C. Development Standards. The following standards shall apply to 11 small lot developments: Minimum Building Site or Lot Size 3,100 sq. ft. (3,400 s . ft. avg.) Minimum Lot Frontage 40 ft. Cul'de sac and knuckle 30 ft. Maximum Height Dwellings 30 ft.; max. stories except 3`d level pe itted <500 sq. ft. Min. 5/12 oof pitch No deck above the second story Accessory Structures .15 ft. Minimum Setbacks Front Dwelling 1 ft. + offsets in front fagade Covered Porches (unenclosed) ft. Garage 8 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 Coverag 50% + 5% for covered porches, patio covers, balconies. Maximum Floor Ar a Ratio (FAR) 0.7 Minimum Interio Garage Min. 400 sq. ft.; Dimension (wid x depth) min. 18 ft. wide Minimum Bu' ding Separation to 6 ft. Accessory ilding Open Spa e Com on recreational area Projects of 20 units or more: (pro' ct) 150 sq. ft./unit; min. 5,000 sq. ft.; min. 50 ft. dimension. Projects less than 20 units: ord/04zoning/chap 230/4/5/04 13 Min. 600.sq. ft. private and/or common per unit. Private open space excludes side and front yard setback areas.-,Common open space requires min. 10 ft. dimension. Required Parking Small lot developments shall provide parking consistent with single family residential developments specified in Chapter 231. In addition, minimum 1 on-street space per unit for guest/visitor parking shall be provided. 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. ord/04zoning/chap 230/4/5/04 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 re rictions on outdoor storage and display and location of pump islands, canopies and servic bay openings and require buffering, screening, lighting, or planting areas necessary to avo' adverse impacts on properties in the surrounding area. ;;`'" D. Design standards. 1. In reviewing proposals, emphasis shall be placed on quality desi of building materials and landscape features. Service stations shall be designed so t t form and'scale are harmonious and consistent with the character of the specific ' e; the adjacent uses and structures, and the general neighborhood. 2. The location, number, and design of driveways as well a on and off-site traffic circulation impacts shall be analyzed. 3. Service bay openings shall be designed to minimize a visual intrusion on surrounding streets and properties. A maximum of 3 service b s shall be permitted per site, none of which shall face a public right-of-way. 4. Lighting shall be of low profile design, indirec or diffused, and shall create no negative impact on surrounding uses. 5: A minimum 10 percent of the site shall be andscaped. Landscaping plans shall conform to all applicable provisions of Chapter 23 as well as conform to the following requirements: a. A 3 foot-wide planter(inside di nsion) along interior property lines shall be provided, except at vehicular cir ulation openings. Additional landscaping may be required to screen service bays rom surrounding properties. b. A 600 square-foot planter w' a minimum dimension of 20 feet shall be provided at the corner of intersecting s eets. c. A total of 70 square feet f planting area shall be located adjacent to and on the street side of the main buildi 6. Buildings shall conform the setback regulations stated for the district in which the site is located. Pump islan and canopy structures shall maintain the following minimum setbacks from street si e property lines: Pump island: 20 fe t Canopy: 10 eet with ground clearance of 12 feet E. Storage of Materia and Equipment. The provisions of Section 230.74, Outdoor Facilities, shall apply, excep that a display rack for automobile products no more than 4 feet wide may be maintained at ach pump island of a service station and a single tire storage display no more than 8 fe high and 16 feet long may be located on the site of a service station. If display racks e not located on pump islands, they shall be placed within 3 feet of the principal bu' ding, and shall be limited to 1 per street frontage. Outside storage of motor vehicles fo more than 24 hours (7 days if the vehicle is actively being serviced) is prohibited, except as rovided for truck and utility trailer rentals. The location of display racks and vending achines shall be specified by the conditional use permit. ord/04zoning/chap 230/4/5/04 15 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: 1. Alternative transportation mode: Any mode of travel that serves as an alternative to the single occupant vehicle. This can include all forms of ridesharing, public transit, bicycling or walking. 2. Carpool: Two (2) to six (6) persons traveling together in a single vehicle. 3. Employee: Means any person employed by a firm, person(s), business, educational institution, non-profit agency or corporation, government agency, or other entity which employs 100 or more persons at a single worksite. "Employee" shall include persons employed on a full-time, part-time, or temporary basis. 4. Employer: Means any person(s), firm, business, educational institution, government agency, non-profit agency or corporation, or other entity which employs or houses tenants that collectively employ 100 or more employees at a worksite on a full and/or part-time/temporary basis. 5. Buildin Size: Means the total gross floor area measured in square feet of a building or group of buildings at a worksite. Includes the total floor area of both new development and existing facilities. 6. Mixed-Use Development: Means new development projects that integrate any one of these land uses with another: residential, office, commercial, industrial and business park. ord/04zoning/chap 230/4/5/04 16 7. Tenant: Means the lessee of facility space at a development project who may also erve as an employer. 8. Transportation Demand Management(TDM): Means the implementation o rograms, plans or policies designed to encourage changes in individual travel behav" r. TDM can include an emphasis on alternative travel modes to the single occupant v icle (SOV) such as carpools, vanpools and transit; and reduction of VMT and the ber of vehicle trips. 9. Vanpool: Means.a vehicle occupied by seven(7) or more persons raveling together. 10.. Worksite: Means a building or group of buildings which are u der common ownership and the place of employment, base of operation, or predomin a location of an employee or group of employees. C. Applicability: 1. These provisions apply to commercial, industrial, ins ' tional, or other uses which are determined to employ 100 or more persons, as dete ined by the employee generation factors specified under subsection 4. This include any permit for existing facilities that already have 100 or more employees or will hav 00 or more employees. 2. These provisions apply to all districts, planne communities and specific plan areas including those covered by development agr ements. These provisions shall supersede other ordinances with which there is a con ct. 3. Notwithstanding "1" above, the followi uses and activities shall be specifically exempt from the provisions of this section: a. Temporary construction activiti on any affected project, including activities performed by engineers, archit cts, contract subcontractors and construction workers. b. Other temporary use classif ations or as authorized by the Zoning Administrator/Director w n such temporary activities are for a period not to exceed 30 days and held no mor than once a year. 4. Employee generation fact s shall be based on one of the following: a. Employment projec ons developed by the property owner, subject to approval by the Director; REST OF PAGE NOT USED ord/04zoning/chap 230/4/5/04 17 b. Building sizes shall be considered equivalent to the 100 employee threshold as follows: Building Size (in square feet) Type of Use Equivalent to 100 Employees Office/Professional 35,000 Hospital and Medical/Dental 40,000 Industrial (excluding Warehouses) 50,000 Commercial/Retail 50,000 Hotel 0.8 employees/hotel room Motel 1.2 Resort Hotel 100,000 Mixed or multiple use Warehouse 100,000 *The employment projection for a development of mixed or multiple uses shall be calculated on a 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 1 bicycle parking space for every 20 employees or fraction thereof, in a secure location, and in close proximity to employee entrances, for use by employees or tenants who commute to the site by bicycle. ord/04zoning/chap 230/4/5/04 18 b. A bicycle parking facility shall be a stationary object to which the user can to 'the bicycle frame and both wheels with a user-provided six (6) foot cable and 1 4. Commuter Information Areas A commuter information area shall be provided to offer employees appr priate information on alternative transportation modes. This area shall be ce trally located and accessible to all employees or tenants and shall be sufficient size to commodate such information on alternative transportation modes. •1,11' 5. Passenger Loading Areas Unless determined unnecessary by the.decision-maker, per tle 24, passenger loading areas to embark and disembark passengers from rideshare ehicles and public transportation shall be provided.as follows: a. Passenger loading area shall be large.enough to a ommodate the number of waiting vehicles equivalent to 1%of the required parki for the project. b. The passenger loading areas shall be located s close as possible to the identified employee entrance(s), and shall be designe in a manner that does not impede vehicular circulation in the parking area in adjoining streets. 6. Parking for Vanpool Vehicles Unless determined unnecessary by the ecision-maker, per Title 24, parking for vanpool vehicles shall be provided as follows a. The number of vanpool parki spaces shall be at least 1% of the employee carpool parking spaces and reserved r such by marking the spaces "Vanpool Only." b. For parking structures, v pool vehicle accessibility shall include minimum 7' 2" vertical clearance. c. Vanpool parking spa c s shall be located near identified employee entrance(s) or other preferential location . 7. Bus Stops Unless determine nnecessary by the decision-maker, per Title 24, bus shelter, pullouts, and pads shall be rovided as necessary in consultation with affected transit service providers. 230.38 Game enters The following s plemental requirements shall apply to the operation of game centers, including mechanical or lectronic games or any other similar machine or device, in order to control the location and ours of operation of game centers so as not to allow school children to play the games duri g school hours or to encourage minors to congregate in areas close to commercial establis ents that sell alcoholic beverages. The following conditions shall apply: A. Ad t Manager. At least one adult manager shall be on the premises during the time a game c ter is open to the public. ord/04zoning/chap 230/4/5/04 19 B. Hours of Operation for Minors under 18 Years of Ape. 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 distract 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. C. 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. D. Restrictions. The Director may impose reasonable restrictions on the physical design, location, and operation of a game center and require a special bicycle parking area in order to minimize the effects of noise, congregation, parking, and other nuisance factors that may be detrimental to the public health, safety and welfare of the surrounding community. 230.40 Helicopter Takeoff and Landing Areas A. Permit Required. A conditional use permit may be issued for the construction and operation of a heliport, helipad, or helistop if the Planning Commission finds that: 1. The helipad, heliport, or helistop conforms to the locational criteria and standards established in Subsections (B) and (C) of this section, and the requirements of the California Department of Transportation, Division of Aeronautics; 2. The heliport, helipad, or helistop is compatible with the surrounding environment; and 3. The proposed operation of the helicopter facility does not pose a threat to public health, safety or welfare. The Commission may impose conditions of approval on the conditional use permit to prevent adverse impacts on surrounding properties. If such impacts can not be mitigated to an acceptable level, the conditional use permit application shall be denied. B. Locational Criteria. 1. Minimum Separation. Minimum separation between heliports, helipads, and helistops shall be 1.5 miles, except for facilities specifically intended for emergency use, such as medical evacuation or police functions, and temporary landing sites. 2. Protected Areas. No heliport, helipad, or helistop shall be located within 1,000 feet of an R district or the site of a public or private school, except for heliports or helistops specifically intended only for emergency or police use. Temporary landing sites within 1,000 feet of a public or private school may be allowed with a temporary use permit subject to approval of the California Department of Transportation. C. Site Development Standards. 1. Approach and departure paths 65 feet wide shall be free of obstruction for a minimum distance of 400 feet. 2. Setbacks from property lines shall be as follows: a. Takeoff and landing area - 50 feet; b. Helicopter maintenance facilities - 25 feet; ord/04zoning/chap 230/4/5/04 20 c. Administrative or,operations building- 15 feet. 3. Any lighting used for nighttime operations shall be directed away from adjace properties and public rights-of-way. 4. A telephone shall be provided on or adjacent to the heliport, helipad or h istop. 5. Helipads or helistops intended for emergency use shall have a landin ad with a standard landing area designated and the words "Emergency Only." The init' direction of the departure routes shall be indicated on the takeoff and landing area D. Application Requirements. The following additional..information all be submitted with a conditional use permit application: l. An area map, at a scale of 1" = 800' showing existing land se 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 ithin a 400-foot radius of the takeoff and landing area, that shows clearly the heig of the takeoff and landing area; the height of existing, approved and proposed structur and trees within 50 feet of the approach and takeoff flight paths; and the maxim allowable building height under existing zoning. 3. A description of the proposed operations, inc ding the type of use, names and descriptions of helicopters expected to use t facility; and anticipated number and timing of daily flights. 4. A helicopter noise study including a ma of the approach and departure flight paths at a scale of 1" = 800' showing existing day ight average noise levels in decibels (LDN noise contours), future day/night average n se levels with the proposed facility and anticipated flight operations, and single event ximum sound levels associated with the types of helicopters expected to use the faci ty. 230.42 Bed and Breakfast Inns A. Permit Required. The Zoning Ad inistrator may approve a conditional use permit for a bed and breakfast inn in a G Comme cial General District and Planning Commission may approve a conditional use pe t in the RMH-A District and the Commercial Visitor District after a duly noticed public he ing upon finding that: l. The bed and breakfast i will be operated by a property owner living on the premises; 2 The bed and breakfa inn conforms to the design and development standards of Subsection (B) of t s section and is compatible with adjacent buildings in terms of building materials colors and exterior finishes; and 3. Public and utili services, including emergency access, are adequate to serve the bed and breakfast inn. B. Desi n and De elo ment Standards. 1. Minimu Size and Maximum Number of Guest Rooms. The inn shall contain at least 2,000 uare feet,but no more than six rooms shall be rented for lodging. 2. Parki The requirements of Chapter 231 shall apply. ord/04zoning/chap 230/4/5/04 21 3. Si ns. 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 Tight 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. 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. 4. An on-site, twenty-four(24) hour manager is required in every SRO project. In addition, a manager's unit shall be provided which shall be designed as a complete residential unit, and be a minimum of 300 square feet in size. 5. Rental procedures shall allow for monthly tenancies only; deposit requirements shall be specified. 6. All units within SRO projects shall be restricted to very low and low income individuals as defined by the City's housing element, with the exception of the twenty-four(24) hour manager. Rental rates shall be calculated using a maximum of 30% of income toward housing expenses based on County of Orange income figures. 7. Each SRO project shall be subject to annual review by the City which includes the review of management services. The management services plan shall define third party verification criteria. The SRO project owner shall be responsible for filing an annual report to the Planning and Economic Development Departments which includes the range of monthly rents, the monthly income of residents, occupancy rates, and the number of vehicles owned by residents. ord/04zoning/chap 230/4/5/04 22 8. The Planning Commission or City Council may revoke the conditional use permit if any violation of conditions or any of the adopted Huntington Beach Codes occurs. B. Unit Requirements. 1. Minimum unit size shall be 250 square feet except double occupancy unit shall be a minimum of 400 square feet. 2. Maximum unit size shall be three hundred (300) square feet excludin manager's unit and double occupancy units. 3. Each unit shall contain a kitchen and bathroom. a. Kitchens shall contain a sink with garbage disposal, coun r top (minimum 16" x 24"), refrigerator, and stove/oven unit and/or microwav , b. If stoves/oven units are not provided in each unit,the stoves/oven units shall be provided in a common kitchen area(s). c. Bathrooms shall contain a lavatory, toilet, and sh wer or bathtub. d. Each unit shall have a minimum forty-eight (4 cubic feet of closet/storage space. C. Project Requirements. 1. Common recreational space shall be provide in each project as follows: a. Minimum common recreational space hall be four hundred (400) square feet. b. For projects exceeding thirty(30) u its, an additional 10 square feet of recreational space per unit is required. Units that are 400 square feet o greater shall have a minimum of 15 square feet of recreational space per unit. c. Common recreational spac may be indoor or outdoor provided there is at least forty percent (40%) allotted to rd indoor space and forty percent (40%) outdoor space; the balance may be eithe indoors or outdoors. d. Common recreational pace may be in separate areas provided each space is not less than two hundred (2 ) square feet in size and has no less than a ten (10) foot dimension. 2. A single controlled tryway for routine ingress and egress shall be situated adjacent to and in full view of e manager's desk. 3. A secured office rea shall be incorporated in the facility for the storage of confidential resident record and security office personnel. 4. Mailboxes s 11 be provided for each unit located near the lobby in plain view of the entry desk. 5. Handicap access facilities shall be as required by applicable state or local law. 6. At lea one handicapped-accessible unit shall be required for every twenty (20) units. 7. Lau dry facilities shall be provided in a separate room in a location near the common in or recreational space. Washers and dryers may be coin operated. ord/04zoning/chap 230/4/5/04 23 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. 9. Storage Lockers a. Storage lockers shall be provided in a secured area. b. The cumulative total of locker space shall be no less than a ratio of ten(10)cubic feet per unit. ' 10. All common indoor space areas shall have posted in a conspicuous location.a notice from the City's Planning Department regarding contact procedures to investigate housing code violations. 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. 12. Trash disposal chutes as well as a centralized trash area shall be provided on all multi-story projects. 13. A minimum of two (2)pay telephones shall be provided in the lobby area. The telephone service shall only allow outgoing calls. 14. Phone jack(s) shall be provided in each unit. 15. A shipping and receiving/maintenance garage shall be provided near a convenient vehicular access on the ground floor. 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. 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. ord/04zoning/chap 230/4/5/04 24 (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 corn y with the following requirements. Corrals designed for more than one hors shall provide a minimum area per horse as indicated below. All corrals, racks and st is 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 ter system with automatic drinking controls provided. (c) Box stalls may be provided in li of horse corrals. Such stalls shall be a minimum of 144 square feet with no dimen on less than twelve (12) feet. 6. Wash rack. One wash rack per irty-five (35)horses or fraction thereof shall be . provided subject to the follow' g requirements. Wash racks designed for more than one horse shall provide a minim area per thirty-five (35) horses as indicated below: (a) Individual wash racks all be 6 feet by 8 feet. (b) Each wash rack sha have an approved watering system and be connected to a sewer facility with a bac siphon device at the water source. (c) A concrete slab oor shall be provided. C. Insect and Rodent C ntrol. 1. Feed mangers r boxes shall not be placed near water sources. 2. Nonleak va es shall be provided for all troughs, bowls, cups and other water sources. 3. Automat' valves or sanitary drains shall be provided for large troughs or cups. 4. Gradi g in paddocks and corrals shall be properly integrated into a master drainage plan to pr vent 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. ord/04zoning/chap 230/4/5/04 25 5. Method of disposal of solid wastes shall be approved by Planning Commission. Trash disposal areas and dumpsters shall be designated and conveniently located with an all-weather road access provided. 6. All dry grains shall be stored in rodent-proof metal containers and hay storage shall be covered. Bulk or commercial amounts of grain or hay shall be located a minimum of fifty (50) feet away from any horse enclosure. D. Miscellaneous Operating Requirements. 1. The ground surface of horse enclosures shall be graded above their surroundings. A grading plan shall be submitted prior to issuance of a conditional use permit. 2. Storage and tack areas shall be designated on the site plan. 3. Continuous dust control of the entire premises shall be maintained subject to the regulations contained in Huntington Beach Municipal Code Chapter 8.24. The method for water sprinkling arenas and exercise pens shall be indicated on the site plan. 4. A permanent single family residence shall be provided on the site with a watchman on duty twenty-four(24) hours a day. Two fully enclosed parking spaces shall be provided. Where a mobilehome is used to satisfy this requirement, one carport space and one open space shall be permitted. 5. A back-siphoning device shall be installed to protect the public water supply. An approved pressure vacuum.breaker is recommended on the waterline serving the corrals. The vacuum breaker shall be at least twelve (12) inches above the highest point of water usage or an approved double-check valve may be used. 6. Security lighting shall be confined to the site and.all utilities shall be installed underground. 7. A log containing the name of every horse, its location in the facility, the owner's name and address, and the names and addresses of persons to be notified in case of emergency shall be maintained in the watchman's quarters for ready reference. 8. All fire protection appliances, appurtenances, emergency access, and any other applicable requirements, pursuant to Huntington Beach Municipal Code Chapter 17.56, shall meet the specifications of the fire department. 9. The entire site, exclusive of riding areas, shall be fenced in such a manner as to confine horses within the site in order to protect the perimeter landscaping from damage. Individual corrals shall be enclosed by a minimum five (5) foot high fence. E. Off-street Parking and Landscaping. 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. ord/04zoning/chap 230/4/5/04 26 230.50 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 b permitted as temporary uses only upon approval of conditional use permit by the I l in Commission for a period of time not to exceed ten(10) years. One year extension of ti may be granted after public hearing by the Planning Commission. B. Location Considerations: The Planning Commission shall consider t following issues when evaluating a proposed conditional use permit: 1. The site's proximity to residences, schools, hospitals and of r noise sensitive uses. 2. The potential adverse impacts on traffic circulation and p estrian safety. 3. The site's proximity to other indoor swap meets/flea kets to avoid overconcentration of facilities. 4. The site's proximity to businesses processing haz dous materials. C. Location Criteria. 1. Indoor swap meet/flea market uses shall onl be allowed on property located adjacent to arterial streets. D. Minimum Buildina Size. 1. Minimum building gross floor area s all be one hundred thousand (100,000) square feet. E. Miscellaneous Requirements. 1. Ancillary. Ancillary uses ay be permitted as included on the approved site plan. Such uses shall be included a part of the initial conditional use permit requirements or shall be subject to new entit ment if proposed after the initial application has been filed. 2. `Signs. Individual vendor shall not be permitted any outdoor signs, including temporary. Signs shall comply with he standards outlined in Chapter 233. 3. Parkin. Parking sha comply with the standards outlined in Chapter 231. 230.52 (Reserved) 230.54 (Reserved) 230.56 (Reserved) 230.58 (Reserved 230.60 (Resery d) All Districts 230.62 Building Site Required No b ' ding or structure shall be erected or moved onto any parcel of land in the city except on a lot c ifled in compliance with the Subdivision Map Act and local subdivision and zoning ord/04zoning/chap 230/4/5/04 27 provisions at time of creation or on a parcel created as a result of a public taking. No building or structure shall be altered or enlarged to increase the gross floor area by more than 50 percent within any one-year period except on a legal building site. 230.64 Development on Substandard Lots Development on substandard lots shall be subject to approval of a conditional use permit by the Zoning Administrator. A legally created lot having a width or area less than required for the base district in which it is located may be occupied by a permitted or conditional use if it meets the following requirements or exceptions: A. The lot must have been in single ownership separate from any abutting lot on the effective date of the ordinance that made it substandard. Two or more contiguous lots held by the same owner shall be considered as merged if one of the lots does not conform to the minimum lot size or width for the base district in which it is located. B. A substandard lot shall be subject to the same yard and density requirements as a standard lot, provided that in an R district, one dwelling unit may be located on a substandard lot that meets the requirements of this section. C. An existing legal lot comprising a minimum size of 5,000 square feet or greater and a minimum width of 50 feet or greater shall not be considered substandard for purposes of this section. 230.66 Development on Lots Divided by District Boundaries The standards applicable to each district shall be applied to the area within that district. No use shall be located in a district in which it is not a permitted or conditional use. Pedestrian or vehicular access from a street to a use shall not traverse a portion of the site in a district in which the use is not a permitted or conditional use. REST OF PAGE NOT USED ord/04zoning/chap 230/4/5/04 28 230.68 Building Projections Into Yards and Courts Projections into required yards and courts shall be permitted as follows: ALLOWABLE PROJECTIONS IN FEETa Front Side Street ide Rear Yard Yard Y rd Yard Fireplace or chimney 2.5 2.5b 2.5 2.5 'r Cornice, eaves and ornamental features 3 2.5b 3 3 Mechanical equipment 2 2b 2b 2 Uncovered porches, terraces, platforms, 6 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 .5 2.5b 2.5 2.5 Balconies 3 2b 3 3 Covered patios 0 0 5c 5 Notes: allo individual projection shall exceed /3 of the building length, and the total of all projections shall not exceed 2/3 of th building length on which they are located. bA 30-inch clearance from the pro rty line shall be maintained. cNo projection shall extend mor than 1/2 the width of the street side yard. 230.70 Measurement of Height This section establishes standards for etermining compliance with the maximum building height limits prescribed for each zoning dis ict or as modified by an overlay district. A. Datum (100) shall be set at the ighest point of the curb along the front property line. If no curb exists, datum shall be se at the highest centerline of the street along the front property line. B. The differential between p of subfloor and datum shall be a maximum of two (2) feet as determined by Public W rks. In the event that any subfloor, stemwall or footing is proposed greater than two (2) fe above datum, the height in excess shall be deducted from the maximum allowable dgeline height. C. Lots with a grade fferential of three (3) feet or greater between the high point and the low point, determine before rough grading, shall be subject to conditional use permit approval by the Zoning dministrator. Conditional use permit approval shall be based upon a building and grading p n which terraces the building with the grade and which is compatible with adjacent deve) ment. ord/04zoning/chap 230/4/5/04 29 230.72 Exceptions to Height Limits Chimneys; vent pipes; cooling towers; flagpoles; towers; spires; domes; cupolas; parapet walls not more than 4 feet high; water'tanks; fire towers; transmission antennae (including wireless communication facilities); radio and television antennas (except satellite dish antennae); and similar structures and necessary mechanical appurtenances (except wind-driven generators) may exceed the maximum permitted height.in the district in which the site is located by no more than 10 feet. The Zoning Administrator may approve greater height with a conditional use permit. Within the coastal zone exceptions to height limits may be granted only when public visual resources are preserved and enhanced where feasible. 230.74 Outdoor Facilities A. Permit Required. Outdoor storage and display of merchandise, materials, or equipment, including display of merchandise, materials, and equipment for customer pick-up, shall be subject to approval of a conditional use permit by the Zoning Administrator-in the CG, IL, IG, CV and SP districts. Sidewalk cafes with alcoholic beverage service and/or outdoor food service accessory to an Eating and Drinking Establishment shall be permitted subject to approval of-a conditional use permit by the Zoning Administrator in the CO, CG, CV, OS and SP districts, but no outdoor preparation of food or beverages shall be permitted. B. Permit Conditions: Grounds for Denial. The Zoning Administrator may require yards, screening, or planting areas necessary to prevent adverse impacts on surrounding properties. If such impacts cannot be prevented, the Zoning Administrator shall deny the conditional use permit application. C. Exceptions. Notwithstanding the provisions of subsections (A) and(B) above, outdoor storage and display shall be permitted in conjunction with the following use classifications in districts where they are permitted or conditionally permitted: 1. Nurseries, provided outdoor storage and display is limited to plants, new garden equipment and containers only; and 2. Vehicle/Equipment Sales and Rentals, provided outdoor storage and display shall be limited to vehicles, boats, or equipment offered for sale or rent only. D. Screening. Outdoor storage and display areas for rental equipment and building and landscaping materials shall be screened from view of streets by a solid fence or wall. The height of merchandise, materials, and equipment stored or displayed shall not exceed the height of the screening fence or wall. 230.76 Screening of Mechanical Equipment A. General Requirement. Except as provided in subsection (B) below, all exterior mechanical equipment, except solar collectors and operating mechanical equipment in an I District located more than 100 feet from another zoning district boundary, shall be screened from view on all sides. Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing lines, ductwork, and transformers. Screening of the top of equipment may be required by the Director, if necessary to protect views from an R or OS district. Rooftop mechanical equipment shall be setback 15 feet from the exterior edges of the building. ord/04zoning/chap 230/4/5/04 30 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 y shall be enclosed in subsurface vault. Backflow prevention devices shall not be located 'n the front yard setback and shall be screened from view. C. Screening Specifications. A mechanical equipment plan shall be submitted t the Director to ensure that the mechanical equipment is not visible from a street or adjoini lot. 230.78 Refuse Storage Areas A. Refuse storage area screened on three sides by a 6-foot masonry w 1 and equipped with a gate, or located within a building, shall be provided prior to occu ancy for all multi-family residential, commercial, industrial, and public/semipublic uses. ocations,horizontal dimensions, and general design parameter of refuse storage ar as shall be as prescribed by the Director, subject to appeal to the Planning Commission. Th trash area shall not face a street or be located in a required setback. The design and materi s used in such trash enclosures shall harmonize with the main structure. 230.80 Antennae A. Purpose. The following provisions are establishe to regulate installation of antennae to protect the health, safety, and welfare of persons iving and working in the City and to preserve the aesthetic value and scenic quality f the City without imposing unreasonable limitations on, prevent the reception of signal , or imposing excessive costs on the users of the antennae. B. Permit Required. Approval by the Direct r shall be required for the installation of an antenna or satellite antenna to ensure complianc with the locational criteria. Construction shall be subject to the provisions of the Unifo Building Code and National Electrical Code, as adopted by the City. Within the co I zone, approval of a coastal development permit shall be required for installation of any a enna that meets the definition of development in Section 245.04 unless it is exempt pursuan to Section 245.08. C. Locational Criteria: Satellite ennae. A satellite antenna may be installed on a lot in any zoning district if it complies w' h the following criteria: 1. Number: Only one sate] to antenna may be permitted on a residential lot. 2. Setbacks: Interior sid and rear property lines, 10 feet, except that no setback shall be required in interior s' e and rear setback areas if the antenna or satellite antenna does not exceed 6 feet in hei ht. No antenna or satellite antenna shall be located in a required front yard. When oof-mounted, the antenna or satellite antenna shall be located on the rear one-half of t e roof. 3. Maximum Hei ht: a. /district um height of a satellite antenna shall not exceed 10 feet if installed on the he maximum building height for the district in which the satellite antenna if roof-mounted. b. um height of an antenna shall not exceed the maximum building height for in which the antenna is located. 4. Maension: The maximum diameter of a satellite antenna shall not exceed 10 fe t in all districts with the exception that the diameter may be increased in ord/04zoni chap 230/4/5/04 31 non-residential districts if a conditional use permit.is approved by the Zoning Administrator. 5. Screenina: The structural base of an antenna or safOlite antenna, including all bracing and appurtenances, but excluding the antenna or dish itself, shall be screened from public view and adjoining properties by walls, fences, buildings, landscape, or combinations thereof not less than 7 feet high so that the base and support structure are not visible from _ beyond the boundaries of the site at a height-of-eye 6 feet or below. 6. Underarounding: All wires and/or cables necessary for operation of the antenna or satellite antenna or reception of the signal shall be placed underground, except for wires or cables attached flush with the surface of a building or the structure of the antenna or satellite antenna. 7. Surface Materials and Finishes: No advertising or text or highly reflective surfaces shall be permitted. 8. Exception: Requests for installation of an antenna or satellite antennae on sites that are incapable of receiving signals when installed pursuant to the locational criteria may be permitted subject to conditional use permit approval by the Zoning Administrator. The applicant shall submit documentation that installation at a height greater than permitted, or in another yard area, is necessary for the reception of usable antenna or satellite signals. Applications shall be approved upon finding that the aesthetic value and scenic quality of the City is preserved, pedestrian or vehicular traffic vision is not obstructed, and upon the findings contained in Chapter 241. 230.82 Performance Standards For All Uses A. Applicability and Compliance. The development standards set forth in this section apply to every use classification in every zoning district unless otherwise specifically provided. The Director may require evidence of ability to comply with development standards before issuing an entitlement. B. Air Contaminants. Every use must comply with rules, regulations and standards of the South Coast Air Quality Management District (SCAQMD). An applicant for a zoning permit or a use, activity, or process requiring SCAQMD approval of a permit to construct must file a copy of the SCAQMD permit with the Director. An applicant for a use, activity, or process that requires SCAQMD approval of a permit to operate must file a copy of such permit with the Director within 30 days of its approval. C. Storage On Vacant Lot. A person may not store, park, place, or allow to remain in any part of a vacant lot any unsightly object. This does not apply to building materials or equipment for use on the site during the time a valid building permit is in effect for construction on the premises. 230.84 Dedication and Improvements A. Dedication Required. Prior to issuance of a building permit, or prior to the use of land for any purpose, all real property shall be dedicated or irrevocably offered for dedication which the City requires for streets, alleys, including access rights and abutters' rights, drainage, public utility easements, and other public easements. In addition, all streets and alleys shall be improved, or an agreement entered into for such 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. ord/04zoning/chap 230/4/5/04 32 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 Unifgrm 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 t time of entitlement. Upon request by the applicant, a temporary postponement of 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 traf c in the vicinity of the site. d. Relationship between the proposed requirements an anticipated expanded use. e. Dedication shall not be required for any purpose of reasonably related to such horticultural use. C. Dedication Determinants. Right-of-way dedicatio idth shall be determined by either of the following: 1. Department of Public Works standard plan ; or 2. A precise plan of street, highway or alle alignment. D. Improvements. 1. No building permit shall be issue y the Building Division until an application for permit has been filed, street imp vements plans and specifications have been submitted for plan check, and all fees, est lished by resolution of the City Council, have been paid. The Building Division shall i ue such building permit after determining that the work described in the application d the accompanying plans conforms to requirements of the Huntington Beach Buildin Code and other pertinent laws and ordinances. 2. The Building Division s all make a frame inspection, as required by the Huntington Beach Building Code, t which time all off-site improvements, including curbs, gutters, and street paving, sh be completed. 3. Improvements req red by this code may be deferred in the following instances and upon adherence to the llowing requirements and regulations: a. Where the rade of the abutting right-of-way has not been established prior to the time whe on-site structures qualify for final release for occupancy. b. Where drainage system would be delayed by the installation of improvements. c. Wh e an agreement is entered into with the City to install improvements by a date ce in, said agreement shall be secured by a bond or deposit equal to 150 percent of t City's estimate (including inflation estimates) of the required improvements. Such and or cash shall be deposited with the City Treasurer. ord/04zoning/chap 230/4/5/04 33 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 developet 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 be set back not less than ten (10) feet from edge of street pavement, and shall not encroach into the public right-of-way. 2. A minimum of ten (10) off-street parking spaces shall be provided. 3. Ingress and egress to the site shall be reviewed by the Department of Public Works to insure that no undue traffic safety hazard will be created. 4. Temporary structures shall comply with Building Division standards. 5. Electrical permit shall be obtained if the facility is to be energized. 6. The facility shall comply with fire prevention standards as approved and enforced by the Fire Chief. D. Bond Required. Prior to issuance of a business license and approval by the Director, a five hundred dollar ($500) cash bond shall be posted with the City to ensure removal of any ord/04zoning/chap 230/4/5/04 34 structure, cleanup bf 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 eared of all debris and restored to the condition prior to the establishment within ten cale ar days of Halloween, Christmas, or the expiration of the time limit for single season ag . ultural product. 230.88 Fencing and Yards No portion of a required yard area provided for a structure on a lot shal a considered as part of the yard area for any other structure on the same or an adjacent lot. I all districts,-minimum setback lines shall be measured from the ultimate right-of-way line. iagrams A, B and C are hereby adopted to illustrate the provisions of this chapter. Where y discrepancy occurs between the diagrams and the printed text, the text shall prevail: ards 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) in es in height may be located in any portion of a lot, except screen walls on lots in t e RMH-A subdistrict shall be set back a minimum of three (3) feet from the front pro rty line. Fences or walls exceeding forty-two (42) inches in height may not be 1 Gated in the required front yard, except as permitted elsewhere in this Section. 2. Fences or walls a maximum of six (6) f et in height may be located in required side and rear yards, except as excluded in this ection. Fences or walls exceeding six (6) feet in height may be located in conforman with the yard requirements applicable to the main structure except as provided for he in or in the regulations of the district in which they are located. a. Fences and walls located a acent to arterials along the rear and/or street side yard property lines, and behin the front setback, may be constructed to a maximum total height of eight (8) feet i cluding retaining wall with the following: (1) The propose uilding materials and design shall be in conformance with the Urban Desi Guidelines. (2) Extension to existing wall(s) shall require submittal of engineering calculati s to the Building and Safety Department. (3) The pr erty owner shall be responsible for the care and maintenance of lands pe area(s) and wall(s) and required landscape area(s). (4) App val from Public Works Department. 3. Fences or wa s in the rear yard setback area of a through-lot shall not exceed forty-two (42) inches ' height. This subsection shall not apply to lots abutting arterial highways. 4. In the district, garden or wing walls or fences equal in height to the first floor double plate, b t not exceeding nine (9) feet, which are perpendicular to and entirely within a side y d may be constructed to the interior side property line and to within five (5) feet of th exterior side property line provided they are equipped with a three (3) foot gate or acc ssway. 5. hen 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. ord/04zoning/chap 230/4/5/04 35 6. Only at the time of initial.construction of the dwellings and 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. b. Such walls shall not encroach into the visibility triangular area formed by measuring seven and one-half(7.5) feet along the driveway and ten (10) feet along the front property line at their point of intersection. c. Such walls shall conform to all other applicable provisions of this section. 7. Retaining walls shall comply with the following: . a. Where a retaining wall is located on the property line separating lots or parcels and protects a cut below the natural grade, such retaining wall may be topped by a fence, wall or hedge of the same height that would otherwise be permitted at the location if no retaining wall existed. b. Where a retaining wall is on the property line of a rear yard abutting an arterial or exterior side yard,and contains a fill of two (2) ft. or less or protects a cut below the existing grade, such retaining wall may be topped with a six (6) ft. decorative masonry wall. c. Where a retaining wall is on the property line of a rear yard abutting a local street, the maximum retaining wall height shall be twenty-four(24) inches as measured from the adjacent curb and may be topped with a maximum eighteen (18) inch decorative wall or fence for a total height of forty-two (42) inches. d. (1) The maximum height of a retaining wall on the front property line shall be thirty-six (36) inches as measured from the top of the highest adjacent curb. Subject to the Director's approval, a maximum forty-two (42) inch high wall or fence may be erected above the retaining wall with a minimum three (3) foot setback from the front property line. (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.) Required Tree/Palm Landscaping I I Front _ �, Building* nrnnerty line � LMny �" Patio I ord/04zoning/chap 230/4/5/04 36 I Max.18". fs Sidewalk/Parkway Max.18" *See Maximum building height in Chapter 210 e. All retaining walls abutting a street shall be waterproofed to the tisfaction of the Director. f. Retaining wall and fence combinations over eight(8) feet ' height shall be constructed with a variation in design or materials to sho the distinction. Retaining wall and fence combinations over six (6) feet in height all be designed without decorative block or cap block, except if equal in stre to the main portion of the fence. 8. The height of any fence, wall or hedge located in th ront yard setback shall be measured from top of the highest adjacent curb. All other fe ce heights shall be measured from existing grade. 9. Any fence or wall located on the front propert line shall be approved by the Department of Public Works. 10. In the industrial districts, nine (9) foot hi fences may be permitted in the side and rear setbacks up to the front building line su ect to plan review approval by the Director. 11. Deviations from the maximum heigh requirements for walls as prescribed by this Section may be permitted subject to an appr val of conditional use permit by the Zoning Administrator. In the RL and RM -A Districts deviations from maximum height requirements for walls in front y d setback may be.permitted subject to the following conditions and plan review app val from the Director: a. Proposed wall/fence all match existing fencing material of subject site or an improvement theret ; and b. A minimum ten fo t setback in the RL District, and seven foot setback in the RMH-A District all be maintained for any fence over 42 inches in height in the front yard setba which may be constructed to a maximum height of six feet; and c. Front setback all be fully landscaped; and d. Hardscape s 11 not qualify as required landscaping; and e. Location of ence shall comply with visibility requirements of this section; and f. Neighbor od Notification shall be required pursuant to Chapter 241. I l Within the coa al zone, no gate, fence or wall shall be permitted that restricts or obstructs pub 'c access to the shore. B. Re uired Wall . 1. When of ice, commercial or industrial uses abut property zoned or used for residential, a six (6) oot high solid six (6) inch concrete block or masonry wall shall be required. If a wall eeting these standards already exists on the abutting residential property, protection fro vehicle damage shall be provided by a method approved by the Director. The in imum fence height shall be eight (8) feet at the common property line, subject to the s me design standards and setback requirements as specified for six (6) foot high fences. ord/04zoning/chap 230/4/5/04 37 1 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 by the Director 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. 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. pROpFR�4NF ems. \ 230-CORr DIAGRAM A ord/04zoning/chap 230/4/5/04 38 1 1 1 A� 1 - 1 i • 1 1 1 1 1 1 1 1 0 10' 10 10' —10' — — — 10, 10' 1 O' 10' 230 etb STREET/ALLEY DIAGRAM B ord/04zoning/chap 230/4/5/04 39 REVERSE CORNER LOT CORNER LOT INTERIOR LOT CORNER LOT ABUTTING ALLEY �. Iti J �• ;`I m W I i i • 10' 10' THROUGH THROUGH LOT CORNER LOT HEIGHT MEASUREMENT OF FENCE OR WALL A 42 inch high fence may be constructed on any portion of the lot. s � 1 1(� ® Indicates that portion of the lot on which a 6 foot high fence may be constructed. I � i "A" Indicates minimum front yard setback. I v Diagram C 5 $23,94 G1C(W RAW-230=JW 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: ord/04zoning/chap 230/4/5/04 40 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, defined by the California Administrative Code,has been deposited either legally or ill ally on or into the land, including but not limited to landfill, surface impoundment, aste piles, land spreading, dumps, and coburial with municipal refuse. B. Operations Plan. 1. No person shall conduct any excavation activity at any land dispo al site in the City of Huntington Beach without first submitting to the City an operat. ns plan approved by the Director. Such plan shall include complete information regar ng the identity,quantity and characteristics of the material being excavated, includin a chemical analysis performed by a laboratory acceptable to the City, together ith the mitigation measures that will be used to insure that health hazards, safety haz ds, or nuisances do not result from such activity. 2. Mitigation measures contained in the operations pl ay include gas collection and disposal of waste, encapsulation, covering waste, c mical neutralization, or any other measures deemed necessary by the City. 3. Ambient air quality monitoring, as well as othe monitoring or testing deemed reasonably necessary, shall be included in the operations Ian. C. Approval of Operations Plan. I. The City shall not approve an operation plan unless such plan includes provisions for the immediate cessation of excavation acti ity when the operator, or any agent thereof, of a land disposal site has been notified by he City that a nuisance, health, or safety hazard has or is about to occur as a result o such activity therein. 2. Upon determination by any gove ent agency that a nuisance, safety, or health problem exists on any land disposal site i the City, mitigation measures, contained in the operations plan, shall be imple ented immediately. D. Hazardous Waste Sites. For any and disposal site determined to be a hazardous waste site by the State Department of Toxic ubstances Control and/or the City of Huntington Beach, the following additional measure shall be taken prior to excavation of such site: 1. All property owners wi in a half mile radius of the site shall receive written notice of all public hearings to be eld regarding proposed excavation on the site. The cost of preparing and maili such notice shall be paid by the operator/applicant. 2. A type of bond, a eptable to the City Attorney, shall be posted by the operator/applicant insuring that nec ssary funds are available to restore the site to a safe condition if excavation is p maturely terminated. 3. Excavation the site shall be performed in accordance with the requirements of the State Departmen of Toxic Substances Control, and any other public agency with jurisdiction over haza ous waste sites. E. Opera: 1an Contents. The operations plan shall contain the following: 1. A p n establishing lines of authority and responsibility between public agencies and the op ator/applicant, or his agents, during excavation. The plan shall contain specific procedures to be followed by all responsible parties involved with the excavation. ord/04zoning/chap 230/4/5/04 41 2. A plan containing specific measures to monitor air quality to be implemented during excavation to prevent the exposure of on-site workers or area residents to unhealthful vapors from the site. If deemed necessary by the State Department of Health Services, the plan shall also-include specific measures for evacuation of residents in the vicinity of the site. 3. A plan showing specific routes for vehicles transporting hazardous wastes from the site. 4. A plan containing specific steps for restoration of the site to a safe condition if excavation is terminated prematurely. F. Exemptions. The following activities shall be exempt from the requirements of this section unless otherwise determined by the Director: 1. The drilling of holes up to twenty-four (24) inches in diameter for telephone or power transmission poles or their footings. 2. The drilling of oil wells, gas wells or landfill gas collection wells or the maintenance of gas or leachate collection systems. 3. Any excavation activity which has been determined by the Director to pose an insignificant risk, or any activity which has been covered sufficiently in a plan prepared for any other agency having jurisdiction over the site. G. Excavation Activity Prohibited. 1. No person shall excavate at any land disposal site in the City of Huntington Beach unless he or she first certifies that all applicable regulations of other public agencies with jurisdiction over hazardous waste sites have been met. 2. Compliance with the provisions of this section shall not exempt any person from failing to comply with the requirements of the California Health and Safety Code, and any other applicable codes, rules or regulations. 230.94 Carts and Kiosks. Carts and kiosks may be permitted on private property zoned for commercial purposes, subject to approval by the Planning Director and compliance with this section. Carts and kiosks may be permitted as a temporary use on public property subject to Specific Event approval pursuant to Chapter 5.68. A. Location and Design Criteria. Cart and kiosk uses shall conform to the following: l. 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. ord/04zoning/chap 230/4/5/04 42 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' s 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 s' nposts, light standards, parking meters, benches, phone booths, newsstands, utilitie and landscaping; 6. Motor vehicle activity in the adjacent roadway includin ut not limited to bus stops, truck loading zones, taxi stands, hotel zones, passenge loading or parking spaces; 7. Pedestrian traffic volumes; and 8. Handicapped accessibility. C. Operating Requirements_Provisions and Conditi s. 1. During hours of operation, the cart or kios must remain in the location specified on the approved site plan. 2. A cart or kiosk operator shall not sell or solicit from motorists or persons in vehicles. 3. The cart or kiosk operator shall pay 11 fees and deposits required by the Huntington Beach Municipal Code prior to th establishment of the use. 4. All provisions of the Huntingt Beach Municipal Code which are not in conflict with this section shall apply. 5. The prices of items sold Er a cart or kiosk must appear in a prominent, visible location in legible characters. The rice list size and location shall be reviewed and approved by the Planning Director. 6. The sale of alcoholic everages shall be prohibited. 7. The number of em loyees at a cart or kiosk shall be limited to a maximum of two (2) persons at any o time. 8. Fire extinguis rs may be required at the discretion of the Fire Department. 9. All cart and iosk uses shall be self contained for water, waste, and power to operate. 10. A cart or iosk operator shall provide a method approved by the Planning Director for disposa of business related wastes. D. Pam. dditional parking may be required for cart or kiosk uses by the Planning Director. E. Revie • Revocation. The Planning Department shall conduct a review of the cart or kiosk oper tion at the end of the first six (6) month period of operation. At that time, if there has be a violation of the terms and conditions of this section or the approval, the approval shall b considered for revocation. ord/04zoning/chap 230/4/5/04 43 F. Neighborhood Notification.: Pursuant to Chapter 241. 230.96 Wireless Communication Facilities A. Purpose. All wireless communication facilities shall comply with these requirements and guidelines in order to regulate the location and design of wireless facilities for the protection of public safety, general welfare, and quality of life in the City of Huntington Beach. B. Permit Required. 1. Administrative approval by the Director may be granted for proposed wireless communication facilities (including but not limited to ground mounted, co-located, wall, roof, or utility mounted)that are: a. Co-located to approved facilities at existing heights or complies with the base district height limit for modified facilities, and compatible with surrounding buildings and land uses by incorporating stealth techniques; or b. Completely stealth facilities and complies with the base district height limit; or c. Facilities in non-residential districts and in compliance with the maximum building height permitted within the zoning district; and 1. Screened from view and not visible from beyond the boundaries of the site at eye level (six feet); or 2. Substantially integrated with the architecture of the existing building or structure to which it is to be mounted; or 3. Designed to be architecturally compatible with surrounding buildings and land uses by incorporating stealth techniques. 2. Conditional use permit approval by the Zoning Administrator shall be required for all proposed wireless communication facilities (including but not limited to ground mounted, co-located, wall, roof or utility mounted) that are: a. Exceeding the maximum building height permitted within the zoning district; or b. Visible from beyond the boundaries of the site at eye level (six feet); or c. Not substantially integrated with the architecture of the existing building or structure to which it is to be mounted; or d. Not designed to be architecturally compatible with surrounding buildings and land uses; or e. Facilities in residential districts that do not meet B.La or B.Lb. 3. Design review shall be required for wireless communication facilities located in redevelopment areas, on public right-of-ways, in OS-PR and PS zones, in areas subject to specific plans, on or within 300 feet of a residential district, and in areas designated by the City Council. Design review is not required for wireless communication facilities that comply with section B.1. C. Definitions. For the purpose of this section, the following definitions for the following terms shall apply: ord/04zoning/chap 230/4/5/04 44 1. Accessory Structure:' Any structure or equipment that is to be located ancillary.to an antenna or antennas in the establishment and operation of a wireless communication facility. 2. Co-Location or Co-Located. The location of multiple antennas which are either o ed or operated by more than one service provider at a single location and mounted to common supporting structure, wall or building. 3. Completely Stealth Facility. Any stealth facility that has been designed to ompletely screen all aspects of the facility including appurtenances and equipment om public view. Examples of completely stealth facilities may include,but are n limited to architecturally screed roof-mounted antennas, fagade mounted ante s treated as architectural elements to blend with the existing building, flagpole church steeples, fire towers, and light standards. 4. Ground Mounted Facility. Any wireless antenna that are affix d to a pole,tower or other freestanding structure that is specifically constructed for the rpose of supporting an antenna. 5. Microwave Communication. The transmission or recep on of radio communication at frequencies of a microwave signal (generally, in the 3 Hz to 300 GHz frequency spectrum). 6. Pre-existing Wireless Facility. Any wireless co unication facility for,which a building permit or conditional use permit has been prope y issued prior to the effective date of this ordinance, including permitted facilities t t have not yet been constructed so long as such approval is current and not expired. 7. Roof Mounted. Any wireless antenna dir tly attached or affixed to the roof of an existing building, water tank,tower or st cture other than a telecommunications tower. 8. Stealth Facility or Techniques. Any reless communication facility, which is designed to blend into the surrounding enviro ent, typically, one that is architecturally integrated into a building or other concealing tructure. See also definition of completely stealth facility. 9. Telecommunication Facility. wireless communication facility that is either wall mounted, utility mounted, or oof mounted. 10. Utility Mounted. Any wir ess antenna mounted to an existing above-ground structure specifically designed an originally installed to support utilities such as but not limited to electrical power lines, ble television lines, telephone lines, non-commercial wireless service antennas, radi antennas, street lighting, recreational facility lighting, traffic signal'equipment or ny other utility which meets the purpose and intent of this definition. , I 11. Wall Mounted. ny wireless antenna mounted on any vertical or nearly vertical surface of a building o other existing structure that is not specifically constructed for the purpose of supportin n antenna (including the exterior walls of a building, an existing parapet, the side of ater tank, the face of a church steeple, or the side of a freestanding sign) such that t e highest point of the antenna structure is at an elevation equal to or lower than the ghest point of the surface on which it is mounted. 12. Wire] s Communication Facility or Facility. An antenna structure and any appurtenant fXilmiues or equipment that are used in connection with the provision of wireless cnication service, including, but not limited to digital, cellular and radio service. ord/04zoning/chap 230/4/5/04 45 D. Applicability. 1. All wireless communication facilities which are erected, located, or modified within the City of Huntington Beach on or following the effecti've date of section 230.96 shall comply with these guidelines, subject to the categorical exemptions under subparagraph (3) of this section, provided that: a. All facilities, for which applications were determined complete by the Planning Department prior to the effective date of this section, shall be exempt from these regulations and guidelines. b-. All facilities for which Building and Safety issued building permits prior to the effective date of section 230.96 shall be exempt from these regulations and guidelines, unless and until such time as subparagraph(2) of this section applies. c. Any facility, which is subject to a previously approved and valid conditional use permit, may be modified within the scope of the applicable permit without complying with these regulations and guidelines. 2. All facilities for which building permits and any extension thereof have expired shall comply with the provisions of section 230.96. 3. The following uses shall be exempt from the provisions of section 230.96 until pertinent federal regulations are amended or eliminated. See Section 230.80 (Antennae) for additional requirements. a. Any antenna structure that is one meter(39.37 inches) or less in diameter and is designed to receive direct broadcast satellite service, including direct-to-home satellite service for television purposes, as defined by Section 207 of the Telecommunication Act of 1996, Title 47 of the Code of Federal Regulations, and any interpretive decisions thereof issued by the Federal Communications Commission (FCC). b. Any antenna structure that is two meters (78.74 inches) or less in diameter located in commercial or industrial zones and is designed to transmit or receive radio communication by satellite antenna. C. Any antenna structure that is one meter(39.37 inches) or less in diameter or diagonal measurement and is designed to receive Multipoint Distribution Service, provided that no part of the antenna structure extends more than five (5) feet above the principle building on the same lot. d. Any antenna structure that is designed to receive radio broadcast transmission. e. Any antenna structure used by authorized amateur radio stations licensed by the FCC. E. Facility Standards. 1. Aesthetics: a. Facility: All screening used in conjunction with a wall or roof mounted facility shall be compatible with the architecture of the building or other structure to which it is mounted, including color, texture and materials. All ground mounted facilities shall be designed to blend into the surrounding environment, or architecturally integrated into a building or other concealing structure. b.. Equipment/Accessory Structures: All equipment associated with the operation of the facility, including but not limited to transmission cables, shall be screened in a ord/04zoning/chap 230/4/5/04 46 manner that complies with the development standards of the zoning district in which such equipment is located. Screening materials and support structures housing equipment shall-be architecturally compatible with surrounding structures by duplicating materials and design in a manner as practical as possible. If chain 1' is used,then it must be vinyl coated and not include barbed wire. c. General Provisions: All Wireless Communication Facilities shall comply . 'th the Huntington Beach Urban Design Guidelines. 2. BuildingCodes:odes: To ensure the structural integrity of wireless communi ation facilities, the owners of a facility shall ensure that it is maintained in complianc with standards contained in applicable state or local building codes and the applica a standards for facilities that are published by the Electronic Industries Associatio , as amended from time to time. 3. Conditions of Approval: Acceptance of conditions by the ap icant and property owner shall be ensured by recordation of the conditions on the pro erty title. 4. Federal Requirements: All Wireless Communication F ilities must meet or exceed current standards and regulations of the FCC, and any ther agency of the state or federal government with the authority to regulate wireless c unication facilities. 5. Interference: To eliminate interference the follo ng provisions shall be required for all wireless communication facilities regardless of ze: a. Prior to issuance of a building permit, th applicant must submit the following information to the Police Department f review: 1. All transmit and receive frequen es; 2. Effective Radiated Power(ERP ; 3. Antenna height above ground and 4. Antenna pattern, both horiz tal and vertical (E Plane and H Plane). b. At all times, other than duri the 24-hour cure period, the applicant shall comply with all FCC standards and egulations regarding interference and the assignment of the use of the radio frequ cy spectrum. The applicant shall not prevent the City of Huntington Beach or the countywide system from having adequate spectrum capacity on the City's 800 MH oice and data radio frequency systems. The applicant shall cease operation of an facility causing interference with the City's facilities immediately upon t expiration of the 24-hour cure period until the cause of the interference is ell nated. c. Before activati its facility, the applicant shall submit to the Police and Fire Departments ost-installation test to confirm that the facility does not interfere with the City of ntington Beach Public Safety radio equipment. The Communications Division of he Orange County Sheriffs Department or Division-approved contractor at the exp se of the applicant shall conduct this test. This post-installation testing process all be repeated for every proposed frequency addition and/or change to confi the intent of the "frequency planning" process has been met. d. The pplicant shall provide to the Planning Department a single point of contact (in uding name and telephone number) in its Engineering and Maintenance D partments to whom all interference problems may be reported to insure continuity n all interference issues., The contact person shall resolve all interference complaints within 24 hours of being notified. ord/04zoning/chap 230/4/5/04 47 e. The applicant shall insure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of the applicant to comply. 6. Lighting_ All outside lighting shall be directed to prevent"spillage" onto adjacent properties, unless required by the FAA or other applicable authority, and shall be shown on the site plan and elevations. 7. Maintenance: All facilities and appurtenant equipment shall be maintained to remain consistent with the original appearance of the facility. Ground mounted facilities shall be covered with anti-graffiti coating. 8. Monitoring: For all wireless communication facilities, the applicant shall provide a copy of the lease agreement between the property owner and the applicant prior to the issuance of a building permit. 9. Sims: The facility shall not bear any signs or advertising devices other than certification, warning, or other required seals of signage. F. Site Selection. For all wireless communication facilities,the applicant shall provide documentation that demonstrates the following: 1. Compatibility with the surrounding environment or architecturally integrated into a structure. 2. Screened or camouflaged by existing or proposed topography, vegetation, buildings or other structures as measured from beyond the boundaries of the site at eye level (six feet). 3. Massing and location of the proposed facility are consistent with surrounding structures and zoning districts. 4. No portion of a wireless communication facility shall project over property lines. G. Facilities in the Public Right-of-Way. Any wireless communication facility to be placed over, on or beneath the public right-of-way shall comply with the following standards: 1. Any wireless communication facilities to be constructed on or beneath the public right-of- way must have a franchise agreement with the City or the owner that has a wireless franchise agreement with the City, or the applicant must provide documentation demonstrating that the applicant is a state-franchised telephone corporation exempt from local franchise requirements. 2. All equipment associated with the operation of a facility, including but not limited to transmission cables, shall be placed underground in those portions of the street, sidewalks and public rights-of-way where cable television, telephone or electric lines are underground. At no time shall equipment be placed underground without appropriate conduit. 3. The City Engineer shall approve the location and method of construction of all facilities located within public rights-of-way. 4. All wireless communication facilities shall be subject to applicable City permit and inspection fees, including, but not limited to, those pertaining to encroachment permits and all applicable fees. 5. Any wireless communication facility installed, used or maintained within the public rights-of-way shall be removed or relocated when made necessary by any "project." For purposes of this section, project shall mean any lawful change of grade, alignment or ord/04zoning/chap 230/4/5/04 48 width of any public right-of-way;including but not limited to, the construction of any subway or viaduct that the City may initiate either through itself, or any redevelo mme agency, community facility district, assessment district, area of benefit, reimbursem t agreement or generally applicable impact fee program. 6. Wireless communication facilities may be installed on existing utility poles, c duits and other facilities of a public utility, with the approval of the City Engineer,pro ided a franchise agreement exists allowing wireless installation. 7. Prior to the approval of any required building permits or entitlements ( nditional Use Permits, Variances, etc.)the applicant shall have a franchise agreeme approved by the City Council. H. Facilities on Public Property. Any wireless communication facility t be placed over, on or beneath public property shall comply with the following standards: I. Wireless communication facilities shall be installed in accor ance with all applicable City codes and ordinances, including, but not limited to, stand s for paving in the event that any undergrounding of utilities is required. 2. Any wireless communication facilities to be construct on or beneath public property must have a lease agreement with the city. I. Additional Requirements. l. Landscaping: Landscape planting, irrigation d hardscape improvements may be imposed depending on the location, the proje ed vehicular traffic, the impact on existing facilities and landscape areas,.and the visibi ty of the proposed facility. Submittal of complete landscape and architectural plan for review and approval by the Directors of Public Works and Planning may be requi ed. Public Works inspectors may require additional improvements during install ion based on facility impacts. 2. Utility Agreement: If the proposed f cility will require electrical power or any other utility services to the site, the appli ant will be required to furnish the City's Real Estate Services Manager, either a drafte utility franchise agreement between the City of Huntington Beach and the appli t to place those lines in the public right-of-way, or a written statement from the util' y company-who will be supplying the power or other services, that they accept all r sponsibility for those lines in the public right-of-way. J. Facility Removal. l. Cessation of Operation: ithin thirty (30) days of cessation of operations of any wireless communication facilit approved under this section, the operator shall notify the Planning Department in writin . The facility shall be deemed abandoned pursuant to the following sections unless: a. The City has etermined that the operator has resumed operation of the wireless communica on facility within six (6) months of the notice; or b. The City as received written notification of a transfer of wireless communication operato s. 2. Abando ent: A facility that is inoperative or unused,for a period of six (6) continuous Mont onshall be deemed abandoned. Written notice of the City's determination of aba n ent shall be provided to the operator of the facility and the owner(s) of the pr ises upon which the facility is located. Such notice maybe delivered in person, or ailed to the address(es) stated on the facility permit application, and shall be deemed abandoned at the time delivered or placed in the mail. ord/04zoning/chap 230/4/5/04 49 I 1 3. Removal of Abandoned Facility: The operator of the facility and the owner(s)of the property on which it is located, shall within thirty(30) days after notice of abandonment is given either(1) remove the facility and restore the premises, or(2)provide the , Planning Department with written objection to the City's determination of abandonment. Any such objection shall include evidence that the facility was in use during the relevant six- (6) month period and that it is presently operational. The Director shall review all evidence, determine whether or not the facility was properly deemed abandoned, and provide the operator notice of its determination. 4. Removal by Cites At any time after thirty-one (31) days following the notice of abandonment, or immediately following a notice of determination by the Director, if applicable, the City may remove the abandoned facility and/or repair any and all damage to the premises as necessary to be in compliance with applicable codes. The City may, but shall not be required to, store the removed facility(or any part thereof). The owner of the premises upon which the abandoned facility was located, and all prior operators of the facility, shall be jointly liable for the entire cost of such removal, repair, restoration and/or storage, and shall remit payment to the City promptly after demand thereof is made. The City may, in lieu of storing the removed facility, convert it to the City's use, sell it, or dispose of it in any manner deemed appropriate by the City. 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 .day of 12004. Mayor ATTEST: APPROVED AS TO FORM: City Clerk rl S City Altomey REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Director of Planning ord/04zoning/chap 230/4/5/04 50 LEGISLATIVE DRAFT Chapter 230 Site Standards (3249-6/95,3301-11/95,3334-6/97,3410-3/99,3455-5/00,3482-12/00,3494-5/01,3525-2/02,3568-9/02, EMG 3594-11/02, EMG 3596-12/02) Sections: 230.02 Applicability Residential Districts 230.04 Front and Street 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 Park 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 12/02 230.70 Measurement of Height 230.72 Exceptions to Height Limits 230.74 Outdoor Facilities 230.76 Screening of Mechanical Equipment 230.78 Refuse Storage Areas 230.80 Antennae 230.82 Performance Standards for All Uses 230.84 Dedication and Improvements 230.86 Seasonal Sales 230.88 Fencing and Yards 230.90 Contractor Storage Yards/Mulching Operations 230.92 Landfill Disposal Sites 230.94 Carts and Kiosks 230.96 Wireless Communication Facilities 230.02 Applicability This chapter contains supplemental land use and development standards, other than parking and loading, landscaping and sign provisions, that are applicable to sites in all or several districts. These standards shall be applied as specified in Title 21: Base Districts, Title 22: Overlay Districts, and as presented in this chapter. Residential Districts 230.04 Front and Street Side Yards in Developed Areas Where lots comprising 60 percent of the frontage on a blockface in an R district are improved with buildings that do not conform to the front yard requirements, the Planning Commission may adopt by resolution a formula or procedure to modify the front and street side yard setback requirements. The Planning Commission also may modify the required yard depths where lot dimensions and topography justify deviations. Blocks with such special setback requirements shall be delineated on the zoning map. Within the coastal zone any such setback modifications adopted by the Planning Commission shall be consistent with the Local Coastal Program. (3334- 6/97) 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 For purposes of applying these provisions, accessory structures are inclusive of minor accessory structures, except where separate provisions are provided in this section. A. Timing. Accessory structures shall not be established or constructed prior to the start of construction of a principal structure on a site, except that construction trailers may be placed on a site at the time site clearance and grading begins and may remain on the site only for the duration of construction. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-2 9/02 B. Location-. Except as provided in this section, accessory structures shall not occupy a required front, side or street side yard or court, or project beyond the front building line of the principal structure on a site. An accessory structure shall be setback 5 feet from the rear property line except no setback is required for accessory structures, excluding garages and carports, which abut an alley. No aeeessar-y st...,,tur-es shall be tea,•„ ifted off s Minor accessory structures may be located in required side and rear yard setbacks provided that the structure is located in the rear two-thirds of the lot and a minimum five foot clearance is maintained between said structure and dwelling if it is located in the required side yard. Minor accessory structures that are decorative such as landscape garden walls, fire pits, freestanding barbecues/fireplaces, sculptures, and fountains may be located anywhere on the property provided: 1.They do not exceed 6-feet in height or exceed 42-inches in height when located within the front yard setback and; 2.A minimum 5-foot clearance is maintained between said structure and the dwelling if it is located in a required side yard; and 3. Rock formations shall be setback 1-foot from the side and/or rear property lines for each foot of rock formation height, maximum 5- foot setback required. �77/7• A ' s>✓T' - f -rtd rzl� • 1--16.1.E \ �• 1 '•a .ram ,y,J �; Swimming Pools and Slides. 1. Pool heater vent shall be located in compliance with the Uniform Swimming Pool, SYa and Hot Tub Code and; 2. Swimming pool slides that are five feet or greater in height shall be setback a minimum of five feet from the side and rear property lines. Mechanical Equipment. May be located in required side and rear yard se ac ks in conformance with Section 230.68. Mechanical equipment shall be located to minimize noise impacts on contiguous properties as required by Section 230.22. 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 toa eanditiousenalpefmit issued by the Zoning ^dmiHistr- tef Director approval. Requests shall be submitted to the Director accompanied by the required Neighborhood Notification€-e—, 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 Director Zoning ^am;„istr- t^r shall approve a eendifienal use permit for-an accessory dwelling unit duly notieed publ"' homer""T upon finding that the following conditions have been met: 1. The dwelling conforms to the design and development standards for accessory dwelling units established in Subsection (BG) of*4s sSection 230.10 and Section 230.22 A., of the HBZSO; 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 is 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. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-3 5/00 3. Required Setbacks. Accessory dwelling units shall comply with minimum setbacks of Chapter 210. 4. Height and Building Coverage. The basic requirements of Chapter 210 shall apply unless modified by an overlay district. 5. Parking. All parking spaces shall comply with Section 231.18D. (3334-6i97) 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. Covenant CAR Recorded. A covenant with the ownership requirements shall be filed for recordation with the County Recorder within 30 days of Planning apartment Plan Check approval and prior to issuance of building permits. 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 a � per-Gent of the fee for M;'<,r sidenee as set by resolution of the City Council pursuant to Section 230.20 and paid prior to issuance of the building permit. 230.12 Home Occupation in R Districts A. Permit Required. A home occupation in an R district shall require a Home Occupation Permit, obtained by filing a completed application form with the Director. The Director shall approve the permit upon determining that the proposed home occupation complies with the requirements of this section. B. Contents of Application. An application for a Home Occupation Permit shall contain: 1. The name, street address, and telephone number of the applicant; 2. A complete description of the proposed home occupation, including number and occupation of persons employed or persons retained as independent contractors, amount of floor space occupied, provisions for storage of materials, and number and type of vehicles used. C. Required Conditions. Home occupations shall comply with the following conditions: l. A home occupation shall be conducted entirely within one room in a dwelling. No outdoor storage shall be permitted. Garages shall not be used in connection with such business except to park business vehicles. 2. No one other than a resident of the dwelling shall be employed on-site or report to work at the site in the conduct of a home occupation. This prohibition also applies to independent contractors. 3. There shall be no display of merchandise, projects, operations, signs or name plates of any kind visible from outside the dwelling. The appearance of the dwelling shall not be altered, or shall the business be conducted in a manner to indicate that the dwelling or its premises is used for a non-residential purpose, whether by colors, materials, construction, lighting, windows, signs, sounds or any other means whatsoever. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-4 6/97 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 eafiditional Neighborhood Notification shall be in compliance with Chapter 41 when a home occupation involves instruction and/or service, e.g. music lessons, beauty shop, swimming lessons. Where a home occupation involves swimming instruction in an outdoor swimming pool, each swimming class shall be limited to 4 students, and no more than 2 vehicles shall be used to transport students to such classes. 9. Any authorized City employee may inspect the premises of a home occupation upon 48 hours notice to ascertain compliance with these conditions and any requirements of this code. The permit for a home occupation that is not operated in compliance with these provisions shall be revoked by the Director after 30 days written notice unless the home occupation is altered to comply. 230.14 Affordable Housing Incentives/Density Bonus A. When a developer of a residential property which is zoned and general planned to allow five (5) or more dwelling units proposes to provide affordable housing, he or she may request a density bonus and/or other incentive through a conditional use permit subject to the provisions contained in this section. A density bonus request pursuant to the provisions contained within this section shall not be denied unless the project is denied in its entirety. B. The City may grant incentives to the developer. An incentive includes, but is not limited to, the following: 1. A density bonus. 2. A reduction in site development standards or architectural design requirements which exceed the minimum building standards contained within the Uniform Building Code as adopted by the City including, but not limited to, a reduction in setback, lot coverage, floor area ratio, parking and open space requirements. 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. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-5 5/00 4. A reduction in development and/or processing fees. 5. Other regulatory incentives or concessions proposed by the developer or the City which result in identifiable cost reductions. 6. Financial assistance by the City, i.e., housing set-aside funds. 7. Other incentives mutually agreeable to the City and developers consistent with all City, State and Federal laws, rules, standards, regulations and policies. C. Taryet 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. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-6 5/00 4. Affordability agreement. Affordability shall be guaranteed through an "Affordability Agreement" executed between the developer and the City. Said agreement shall be recorded on the subject property with the Orange County Recorder's Office as provided in Section 65915, et seq. of the California Government Code, prior to the issuance of building permits and shall become effective prior to final inspection of the first unit. The subject agreement shall be legally binding and enforceable on the property owner(s) and any subsequent property owner(s) for the duration of the agreement. The agreement shall include, but is not limited to, the following items: a. The number of and duration of the affordability for the affordable units; b. The method in which the developer and the City are to monitor the affordability of the subject affordable units and the eligibility of the tenants or owners of those units over the period of the agreement; c. The method in which vacancies will be marketed and filled; d. A description of the location and unit type (bedrooms, floor area, etc.) of the affordable units within the project; and e. Standards for maximum qualifying household incomes and standards for maximum rents or sales prices. 5. City action. Pursuant to this section the City shall: a. Grant a density bonus and at least one of the concessions or incentives identified in Section 230.1813 unless the City makes a written finding that the additional concession or incentive is not required in order for rents or mortgage payments to meet the target rates; or b. Provide other incentives of equal value to a density bonus as provided in Section 65915, et seq. of the California Government Code. The value of the other incentives shall be based on the land cost per dwelling unit. E. Procedure. 1. In addition to submitting all documentation required to apply for a conditional use permit, a developer requesting a density bonus or other incentive pursuant to this section shall include the following in the written narrative supporting the application: 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 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. *' *' th-W deavelepm@nt proposal. No project shall be deemed approved until the Affordability Agreement has been approved by the City Council reviewingbe4y. 4. The Zoning Administrator/Planning Commission/City Council may place reasonable conditions on the granting of the density bonus and any other incentives as proposed by the applicant. However, such conditions must not have the effect, individually or cumulatively, of impairing the objective of California Government Code Section 65915 et seq., and this section, of providing affordable housing for qualifying residents, lower or very low income households in residential projects. 5. A monitoring fee, as established by resolution of the City Council, shall be paid by the applicant to the City prior to issuance of a certificate of occupancy for the first unit. This fee shall be in addition to any other fees required for the processing of the conditional use permit, environmental analysis, and/or any other entitlements required. F. Required findings for approval. 1. Density bonus. In granting a conditional use permit for a density bonus, the Zoning Administrator/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. (3334-6i97) 2. Other incentives. A request for an additional incentive shall not be denied by the Zoning Administrator, 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 In granting any other incentives as defined in this section, the Zoning Administrator/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. (3334-6/97) 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 b. It must be built on a permanent foundation approved by the Building Official; c. It must have been constructed after June 1, 1979, and must be certified under the National Manufactured Home Construction and Safety Act of 1974; d. The unit's skirting must extend to the finished grade; e. Exterior siding must be compatible with adjacent residential structures, and shiny or metallic finishes are prohibited; f. The roof must have a pitch of not fewer than 2 inches vertical rise per 12 inches horizontal distance, with eave overhangs a minimum of 12 inches; g. The roof must be of concrete or asphalt tile, shakes or shingles complying with the most recent editions of the Uniform Building Code fire rating approved in the City of Huntington Beach; h. The floor must be no higher than 20 inches above the exterior finished grade; and i. Required enclosed parking shall be compatible with the manufactured home design and with other buildings in the area. C. Cancellation of State Registration. Whenever a manufactured home is installed on a permanent foundation, any registration of said manufactured home with the State of California shall be canceled, pursuant to state laws and standards. Before occupancy, the owner shall provide to the Director satisfactory evidence showing: that the state registration of the manufactured house has been or will, with certainty, be canceled; if the manufactured house is new and has never been registered with the state, the owner shall provide the Director with a statement to that effect from the dealer selling the home. 230.18 Subdivision Sales Offices and Model Homes Subdivision sales offices and model homes in conjunction with an approved subdivision is permitted with the following requirements. (3525-2/02) A. The office shall be discontinued within 30 days following sale of the last on-site unit. A cash bond shall be posted with the City in the amount of$1,000 for the sales office and $1,000 for each model home to guarantee compliance with the provisions of this code. 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 Park Fee As a condition of development approval, all new commercial and industrial development and all new residential development not covered by Chapter 254 of Title 25, Subdivision Ordinance, except for mobile home parks, shall pay a park fee. The fees shall be paid and calculated according to a schedule adopted by City Council resolution. (EMG 3594-11/02, EMG 3596-12/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-10 12/02 230.22 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 and accessory dwelling units 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. 1. Swimming pool/hot tub equipment, air conditioning equipment, and other permanently installed motor driven equipment shall be located to minimize noise impacts on contiguous residences. (3301-11/95) C. Pad Height. 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 Beach, Department of Community Development by first class mail. The notice of application shall include the following: (3301-11/95) a. Name of applicant; b. Location of planned development, including street address (if known) and/or lot and tract number; (3301-11/95) c. Nature of the planned development, including maximum height and square footage of each proposed infill dwelling unit; (3301-11/95) d. The City Hall telephone number for the Department of Community Development to call for viewing plans; e. The date by which any comments must be received in writing by the Department of Community Development. This date shall be ten (10) working days from plan check (plan review) submittal; and f. The address of the Department of Community Development. 2. The applicant shall submit a copy of each notice mailed and proof of mailing of the notice(s) when submitting the application for plan check(plan review). The adjacent property owners shall have ten (10) working days from plan check(plan review) submittal to provide comments regarding the application to the Director of Community Development. All decisions of the Director regarding the application shall be final. (3301-11/95) 230.24 Small Lot Development Standards A. Permitted Uses. The following small lot development standards are provided as an alternative to attached housing in multi-family districts. Small lot developments are permitted in RM, RMH, and RH Districts (excluding RL Districts and RMH-A Subdistricts) subject to approval of a Conditional Use Permit and Tentative Map by the Planning Commission. The Design Review Board shall review and forward recommendations on all small lot development proposals. pfief to Planning Commission aetion. 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 Zoning Administrator or 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 C. Development Standards. The following standards shall apply to all small lot developments: Minimum Building Site or Lot Size 3,1.00 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 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 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 Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-15 5/00 E. Storage of Materials and Equipment. The provisions of Section 230.74, Outdoor Facilities, shall apply, except that a display rack for automobile products no more than 4 feet wide may be maintained at each pump island of a service station and a single tire storage display no more than 8 feet high and 16 feet long may be located on the site of a service station. If display racks are not located on pump islands, they shall be placed within 3 feet of the principal building, and shall be limited to 1 per street frontage. Outside storage of motor vehicles for more than 24 hours (7 days if the vehicle is actively being serviced) is prohibited, except as provided for truck and utility trailer rentals. The location of display racks and vending machines shall be specified by the conditional use permit. F. Accessory Uses. The accessory uses listed below shall be permitted as included on the approved site plan. Such uses shall be subordinate to the main operation and shall not impede safe vehicular and pedestrian circulation or be detrimental to surrounding properties or potential customers. Such uses shall be included as part of the original conditional use permit request or shall be subject to a new conditional use permit if proposed subsequent to the original conditional use permit. l. 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: 1. Alternative transportation mode: Any mode of travel that serves as an alternative to the single occupant vehicle. This can include all forms of ridesharing, public transit, bicycling or walking. 2. Carpool: Two (2) to six (6) persons traveling together in a single vehicle. 3. 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. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-16 5/00 4. Employer: Means any person(s), firm, business, educational institution, government agency, non-profit agency or corporation, or other entity which employs or houses tenants that collectively employ 100 or more employees at a worksite on a full and/or part-time/temporary basis. 5. Building Size: Means the total gross floor area measured in square feet of a building or group of buildings at a worksite. Includes the total floor area of both new development and existing facilities. 6. Mixed-Use Development: Means new development projects that integrate any one of these land uses with another: residential, office, commercial, industrial and business park. 7. Tenant: Means the lessee of facility space at a development project who may also serve as an employer. 8. Transportation Demand Mana entTDM): 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 Go . . Zoning Administrator/Director 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; Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-17 5/00 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 Employes 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. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-18 5/00 3. Bicycle Parking a. Bicycle parking facilities shall be provided at the minimum rate of 1 bicycle parking space for every 20 employees or fraction thereof, in a secure location, and in close proximity to employee entrances, for use by employees or tenants who commute to the site by bicycle. b. A bicycle parking facility shall be a stationary object to which the user can lock the bicycle frame and both wheels with a user-provided six(6) foot cable and lock. 4. Commuter Information Areas A commuter information area shall be provided to offer employees appropriate information on alternative transportation modes. This area shall be centrally located and accessible to all employees or tenants and shall be sufficient size to accommodate such information on alternative transportation modes. 5. Passenger Loading Areas Unless determined unnecessary by the decision-maker, per Title 24, passenger loading areas to embark and disembark passengers from rideshare vehicles and public transportation shall be provided as follows: a. Passenger loading area shall be large enough to accommodate the number of waiting vehicles equivalent to 1% of the required parking for the project. b. The passenger loading areas shall be located as close as possible to the identified employee entrance(s), and shall be designed in a manner that does not impede vehicular circulation in the parking area or in adjoining streets. 6. Parking for Vanpool Vehicles Unless determined unnecessary by the decision-maker, per Title 24, parking for vanpool vehicles shall be provided as follows: a. The number of vanpool parking spaces shall be at least 1% of the employee carpool parking spaces and reserved for such by marking the spaces "Vanpool Only." b. For parking structures, vanpool vehicle accessibility shall include minimum 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 Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-19 5/00 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. The following conditions shall apply: game- Gemtef:as a besiness in a G distfiet must obtain a eanditional use peFmit from the Zoning Tke' pefmit is valid Only for-dw atimber- of games speeified; the installation or- f additionalgaffies newor-amended re 13A. Adult Manafzer. At least one adult manager shall be on the premises during the time a game center is open to the public. EB. Hours of Operation for Minors under 18 Years of Ace. 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. PC. 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. 1ED. Restrictions. The Director 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. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-20 5/00 2. Protected Areas. No heliport, helipad, or helistop shall be located within 1,000 feet of an R district or the site of a public or private school, except for heliports or helistops specifically intended only for emergency or police use. Temporary landing sites within 1,000 feet of a public or private school may be allowed with a temporary use permit subject to approval of the California Department of Transportation. C. Site Development Standards. 1. Approach and departure paths 65 feet wide shall be free of obstruction for a minimum distance of 400 feet. 2. Setbacks from property lines shall be as follows: a. Takeoff and landing area- 50 feet; b. Helicopter maintenance facilities - 25 feet; c. Administrative or operations building - 15 feet. 3. Any lighting used for nighttime operations shall be directed away from adjacent properties and public rights-of-way. 4. A telephone shall be provided on or adjacent to the heliport, helipad or helistop. 5. Helipads or helistops intended for emergency use shall have a landing pad with a standard landing area designated and the words "Emergency Only." The initial direction of the departure routes shall be indicated on the takeoff and landing area. ED. 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 Gammission Zoning Administrator may approve a conditional use permit for a bed and breakfast inn in a a"E Commercial General District and Planning Commission may approve a conditional use permit in the RMH-A District and the Commercial Visitor District after a duly noticed public hearing upon finding that: Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-21 5/00 1. The bed and breakfast inn will be operated by a property owner living on the premises, 2. The bed and breakfast inn conforms to the design and development standards of Subsection (B) of this section and is compatible with adjacent buildings in terms of building materials, colors and exterior finishes; and 3. Public and utility services, including emergency access, are adequate to serve the bed and breakfast inn. B. Design and Development Standards. 1. Minimum Size and Maximum Number of Guest Rooms. The inn shall contain at least 2,000 square feet, but no more than six rooms shall be rented for lodging. 2. Parking. The requirements of Chapter 231 shall apply. 3. Sims. 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) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-22 5/01 4. An on-site, twenty-four(24) hour manager is required in every SRO project. In addition, a manager's unit shall be provided which shall be designed as a complete residential unit, and be a minimum of 300 square feet in size. (3494-5/01) 5. Rental procedures shall allow for monthly tenancies only; deposit requirements shall be specified. (3494-5/01) 6. All units within SRO projects shall be restricted to very low and low income individuals as defined by the City's housing element, with the exception of the twenty-four(24) hour manager. Rental rates shall be calculated using a maximum of 30% of income toward housing expenses based on County of Orange income figures. (3494-5/01) 7. Each SRO project shall be subject to annual review by the City which includes the review of management services. The management services plan shall define third 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) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-23 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. 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. (3494-5/01) 12. Trash disposal chutes as well as a centralized trash area shall be provided on all multi-story projects. (3494-5/01) 13. A minimum of two (2) pay telephones shall be provided in the lobby area. The telephone service shall only allow outgoing calls. (3494-5/01) 14. Phone jack(s) shall be provided in each unit. (3494-5/01) 15. A shipping and receiving/maintenance garage shall be provided near a convenient vehicular access on the ground floor. (3494-5/01) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-24 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. B. Design and Development Standards. 1. Minimum Parcel Size/Frontafze. The minimum lot size and lot frontage shall be: Area Frontage Temporary facilities: 2 acres 100 feet Permanent facilities: 5 acres 100 feet 2. Densi . /Riding. 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. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-25 5/00 (a) Corral size: 288 square feet Minimum dimension: 12 feet Shelter size: 96 square feet Minimum dimension: 8 feet (b) Each corral shall have an approved water system with automatic drinking controls provided. (c) Box stalls may be provided in lieu of horse corrals. Such stalls shall be a minimum of 144 square feet with no dimension less than twelve (12) feet. 6. Wash rack. One wash rack per thirty-five (35) horses or fraction thereof shall be provided subject to the following requirements. Wash racks designed for more than one horse shall provide a minimum area per thirty-five (35) horses as indicated below: (a) Individual wash racks shall be 6 feet by 8 feet. (b) Each wash rack shall have an approved watering system and be connected to a sewer facility with a back-siphon device at the water source. (c) A concrete slab floor shall be provided. C. Insect and Rodent Control. 1. Feed mangers or boxes shall not be placed near water sources. 2. Nonleak valves shall be provided for all troughs, bowls, cups and other water sources. 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. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-26 5/00 4. A permanent single family residence shall be provided on the site with a watchman on duty twenty-four(24) hours a day. Two fully enclosed parking spaces shall be provided. Where a mobilehome is used to satisfy this requirement, one carport space and one open space shall be permitted. 5. A back-siphoning device shall be installed to protect the public water supply. An approved pressure vacuum breaker is recommended on the waterline serving the corrals. The vacuum breaker shall be at least twelve (12) inches above the highest point of water usage or an approved double-check valve may be used. 6. Security lighting shall be confined to the site and all utilities shall be installed underground. 7. A log containing the name of every horse, its location in the facility, the owner's name and address, and the names and addresses of persons to be notified in case of emergency shall be maintained in the watchman's quarters for ready reference. 8. All fire protection appliances, appurtenances, emergency access, and any other applicable requirements, pursuant to Huntington Beach Municipal Code Chapter 17.56, shall meet the specifications of the fire department. 9. The entire site, exclusive of riding areas, shall be fenced in such a manner as to confine horses within the site in order to protect the perimeter landscaping from damage. Individual corrals shall be enclosed by a minimum five (5) foot high fence. E. Off-street Parking and Landscaping. 1. Parking and circulation design shall comply with the standards outlined in Chapter 231. In addition, the perimeter of the parking area shall be delineated by pilasters or wooden poles with chain, cable, or heavy rope connectors. The parking lot shall be surfaced in accord with the specifications of the Department of Public Works. 2. Landscaping, as set out in Chapter 232, shall be provided except that the minimum landscaped area required shall be a ten (10) foot wide (inside dimension)planter along all property lines. 230.50 Indoor Swap Meets/Flea Markets Indoor swap meets/flea markets shall comply with the following requirements: A. Conditional Use Permit Required. Indoor swap meets/flea market uses may be permitted as temporary uses only upon approval of conditional use permit by the Planning Commission for a period of time not to exceed ten (10) years. One year extension of time may be granted after public hearing by the Planning Commission. B. Location Considerations: The Planning Commission shall consider the following issues when evaluating a proposed conditional use permit: 1. The site's proximity to residences, schools, hospitals and other noise sensitive uses. 2. The potential adverse impacts on traffic circulation and pedestrian safety. 3. The site's proximity to other indoor swap meets/flea markets to avoid overconcentration of facilities. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-27 5/00 4. The site's proximity to businesses processing hazardous materials. C. Location Criteria. 1. Indoor swap meet/flea market uses shall only be allowed on property located adjacent to arterial streets. D. Minimum Building Size. 1. Minimum building gross floor area shall be one hundred thousand (100,000) square feet. E. Miscellaneous Requirements. 1. Ancillary Uses. Ancillary uses may be permitted as included on the approved site plan. Such uses shall be included as part of the initial conditional use permit requirements or shall be subject to new entitlement if proposed after the initial application has been filed. 2. Si ns. Individual vendors shall not be permitted any outdoor signs, including temporary. Signs shall comply with the standards outlined in Chapter 233. 3. Parkin . 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. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-28 5/00 B. A substandard lot shall be subject to the same yard and density requirements as a standard lot, provided that in an R district, one dwelling unit may be located on a substandard lot that meets the requirements of this section. C. An existing legal lot comprising a minimum size of 5,000 square feet or greater and a minimum width of 50 feet or greater shall not be considered substandard for purposes of this section. 230.66 Development on Lots Divided by District Boundaries The standards applicable to each district shall be applied to the area within that district. No use shall be located in a district in which it is not a permitted or conditional use. Pedestrian or vehicular access from a street to a use shall not traverse a portion of the site in a district in which the use is not a permitted or conditional use. 230.68 Building Projections Into Yards and Courts Projections into required yards and courts shall be permitted as follows: ALLOWABLE PROJECTIONS IN FEETa Front Side Street Side Rear 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. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-29 5/00 A. Datum (100) shall be set at the highest point of the curb along the front property line. If no curb exists, datum shall be set at the highest centerline of the street along the front property line. B. The differential between top of subfloor and datum shall be a maximum of two(2) feet as determined by Public Works. In the event that any subfloor, stemwall or footing is proposed greater than two (2) feet above datum, the height in excess shall be deducted from the maximum allowable ridgeline height. C. Lots with a grade differential of three (3) feet or greater between the high point and the low point, determined before rough grading, shall be subject to conditional use permit approval by the Zoning Administrator. Conditional use permit approval shall be based upon a building and grading plan which terraces the building with the grade and which is compatible with adjacent development. 230.72 Exceptions to Height Limits Chimneys; vent pipes; cooling towers; flagpoles; towers; spires; domes; cupolas; parapet walls not more than 4 feet high; water tanks; fire towers; transmission antennae (including wireless communication facilities); radio and television antennas (except satellite dish antennae); and similar structures and necessary mechanical appurtenances (except wind-driven generators) may exceed the maximum permitted height in the district in which the site is located by no more than 10 feet. The Zoning Administrator may approve greater height with a conditional use permit. Within the coastal zone exceptions to height limits may be granted only when public visual resources are preserved and enhanced where feasible. (3334-6/97, 3568-9/02) 230.74 Outdoor Facilities A. Permit Required. Outdoor storage and display of merchandise, materials, or equipment, including display of merchandise, materials, and equipment for customer pick-up, shall be subject to approval of a conditional use permit by the Zoning Administrator-in the CG, IL, IG, CV and SP districts. Sidewalk cafes with alcoholic beverage service and/or outdoor food service accessory to an Eating and Drinking Establishment shall be permitted subject to approval of-a conditional use permit by the Zoning Administrator in the CO, CG, CV, OS and SP districts, but no outdoor preparation of food or beverages shall be permitted. (3525-2/02) B. Permit Conditions: Grounds for Denial. The Zoning Administrator may require yards, screening, or planting areas necessary to prevent adverse impacts on surrounding properties. If such impacts cannot be prevented, the Zoning Administrator shall deny the conditional use permit application. C. Exceptions. Notwithstanding the provisions of subsections (A) and (B) above, outdoor storage and display shall be permitted in conjunction with the following use classifications in districts where they are permitted or conditionally permitted: 1. Nurseries, provided outdoor storage and display is limited to plants, new garden equipment and containers only; and 2. Vehicle/Equipment Sales and Rentals, provided outdoor storage and display shall be limited to vehicles, boats, or equipment offered for sale or rent only. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-30 9/02 D. Screening. Outdoor storage and display areas for rental equipment and building and landscaping materials shall be screened from view of streets by a solid fence or wall. The height of merchandise, materials, and equipment stored or displayed shall not exceed the height of the screening fence or wall. 230.76 Screening of Mechanical Equipment A. General Requirement. Except as provided in subsection (B) below, all exterior mechanical equipment, except solar collectors and operating mechanical equipment in an I District located more than 100 feet from another zoning district boundary,'shall be screened from view on all sides. Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing lines, ductwork, and transformers. Screening of the top of equipment may be required by the Director, if necessary to protect views from an R or OS district. Rooftop mechanical equipment shall be setback 15 feet from the exterior edges of the building. B. Utility Meters and Backflow Prevention Devices. Utility meters shall be screened from view from public rights-of-way. Electrical transformers in a required front or street side yard shall be enclosed in subsurface vaults. Backflow prevention devices shall not be located in the front yard setback and shall be screened from view. C. Screening Specifications. A mechanical equipment plan shall be submitted to the Director to ensure that the mechanical equipment is not visible from a street or adjoining lot. 230.78 Refuse Storage Areas A. Refuse storage area screened on three sides by a 6-foot masonry wall and equipped with a gate, or located within a building, shall be provided prior to occupancy for all multi-family residential, commercial, industrial, and public/semipublic uses. Locations, horizontal dimensions, and general design parameter of refuse storage areas shall be as prescribed by the Director, subject to appeal to the Planning Commission. The trash area shall not face a street or be located in a required setback. The design and materials used in such trash enclosures shall harmonize with the main structure. 230.80 Antennae A. Purpose. The following provisions are established to regulate installation of antennae to protect the health, safety, and welfare of persons living and working in the City and to preserve the aesthetic value and scenic quality of the City without imposing unreasonable limitations on, prevent the reception of signals, or imposing excessive costs on the users of the antennae. B. Permit Required. Approval by the Director shall be required for the installation of an antenna or satellite antenna to ensure compliance with the locational criteria. Construction shall be subject to the provisions of the Uniform Building Code and National Electrical Code, as adopted by the City. Within the coastal zone, approval of a coastal development permit shall be required for installation of any antenna that meets the definition of development in Section 245.04 unless it is exempt pursuant to Section 245.08. (3334-6/97,3568-9/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-31 9/02 C. Locational Criteria: Satellite Antennae. A satellite antenna may be installed on a lot in any zoning district if it complies with the following criteria: 1. Number: Only one satellite antenna may be permitted on a residential lot. 2. Setbacks: Interior side and rear property lines, 10 feet, except that no setback shall be required in interior side and rear setback areas if the antenna or satellite antenna does not exceed 6 feet in height. No antenna or satellite antenna shall be located in a required front yard. When roof-mounted, the antenna or satellite antenna shall be located on the rear one-half of the roof. (3568-9/02) 3. Maximum Height: a. The maximum height of a satellite antenna shall not exceed 10 feet if installed on the ground or the maximum building height for the district in which the satellite antenna is located, if roof-mounted. (3568-9/02) b. The maximum height of an antenna shall not exceed the maximum building height for the district in which the antenna is located. (3568-9/02) 4. Maximum Dimension: The maximum diameter of a satellite antenna shall not exceed 10 feet in all districts with the exception that the diameter may be increased in non-residential districts if a conditional use permit is approved by the Zoning Administrator. (3568-9/02) 5. Screening: The structural base of an antenna or satellite antenna, including all bracing and appurtenances, but excluding the antenna or dish itself, shall be screened from public view and adjoining properties by walls, fences, buildings, landscape, or combinations thereof not less than 7 feet high so that the base and support structure are not visible from beyond the boundaries of the site at a height-of-eye 6 feet or below. (3568-9/02) 6. Undergrounding: All wires and/or cables necessary for operation of the antenna or satellite antenna or reception of the signal shall be placed underground, except for wires or cables attached flush with the surface of a building or the structure of the antenna or satellite antenna. (3568-9/02) 7. Surface Materials and Finishes: No advertising or text or highly reflective surfaces shall be permitted. 8. Exception: Requests for installation of an antenna or satellite antennae on sites that are incapable of receiving signals when installed pursuant to the locational criteria may be permitted subject to conditional use permit approval by the Zoning Administrator. The applicant shall submit documentation that installation at a height greater than permitted, or in another yard area, is necessary for the reception of usable antenna or satellite signals. Applications shall be approved upon finding that the aesthetic value and scenic quality of the City is preserved, pedestrian or vehicular traffic vision is not obstructed, and upon the findings contained in Chapter 241. (3568-9/02) 230.82 Performance Standards For All Uses A. Applicability and Compliance. The development standards set forth in this section apply to every use classification in every zoning district unless otherwise specifically provided. The Director may require evidence of ability to comply with development standards before issuing an entitlement. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-32 9/02 B. Air Contaminants. Every use must comply with rules, regulations and standards of the South Coast Air Quality Management District(SCAQMD). An applicant for a zoning permit or a use, activity, or process requiring SCAQMD approval of a permit to construct must file a copy of the SCAQMD permit with the Director. An applicant for a use, activity, or process that requires SCAQMD approval of a permit to operate must file a copy of such permit with the Director within 30 days of its approval. C. Storage On Vacant Lot. A person may not store,park, place, or allow to remain in any part of a vacant lot any unsightly object. This does not apply to building materials or equipment for use on the site during the time a valid building permit is in effect for construction on the premises. 230.84 Dedication and Improvements A. Dedication Required. Prior to issuance of a building permit, or prior to the use of land for any purpose, all real property shall be dedicated or irrevocably offered for dedication which the City requires for streets, alleys, including access rights and abutters'rights, drainage, public utility easements, and other public easements. In addition, all streets and alleys shall be improved, or an agreement entered into for such 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 Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-33 5/00 2. A precise plan of street, highway or alley alignment. D. Improvements. 1. No building permit shall be issued by the Building Division until an application for permit has been filed, street improvements plans and specifications have been submitted for plan check, and all fees, established by resolution of the City Council, have been paid. The Building Division shall issue such building permit after determining that the work described in the application and the accompanying plans conforms to requirements of the Huntington Beach Building Code and other pertinent laws and ordinances. 2. The Building Division shall make a frame inspection, as required by the Huntington Beach Building Code, at which time all off-site improvements, including curbs, gutters, and street paving, shall be completed. 3. Improvements required by this code may be deferred in the following instances and upon adherence to the following requirements and regulations: a. Where the grade of the abutting right-of-way has not been established prior to the time when on-site structures qualify for final release for occupancy. b. Where a drainage system would be delayed by the installation of improvements. c. Where an agreement is entered into with the City to install improvements by a date certain, said agreement shall be secured by a bond or deposit equal to 150 percent of the City's estimate (including inflation estimates) of the required improvements. Such bond or cash shall be deposited with the City Treasurer. d. Where the developer has agreed with the City in writing that the deposit required by subsection (3) of this section may be used by the City after an agreed upon time to complete the required improvements, the remainder of such deposit, if any, shall be returned to the developer upon completion of such improvements by the City. e. The Director of Public Works is authorized to receive applications from persons desiring waivers of street improvement requirements and to enter into the necessary written agreements with such applicants. A non-refundable fee set by resolution of the City Council shall accompany such application. 4. Where construction is limited to one lot and the erection of a detached single family dwelling thereon, street improvements shall include curb, gutter, sidewalk, street trees, street lights, sewer and water main extensions, and ten (10) feet of street paving to meet Department of Public Works standards. Where necessary, temporary paving shall be installed to join existing street improvements. 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: Huntington Beach Zoning and Subdivision Ordinance Chapter230 230-34 6/97 A. Time Limit. 1. A Christmas tree sales facility shall not be open for business during any calendar year prior to Thanksgiving. 2. A Halloween pumpkin sales facility shall not be open for business during any calendar year prior to October 1. 3. A single agricultural product sales facility shall be approved for a period of time not to exceed 90 days. B. Merchandise to be Sold. A permitted Christmas tree or Halloween pumpkin sales facility may not sell items not directly associated with that season. Only one single, season agricultural product may be sold at any one time. C. Site Standards. 1. Storage and display of products shall be set back not less than ten (10) feet from edge of street pavement, and shall not encroach into the public right-of-way. 2. A minimum of ten (10) off-street parking spaces shall be provided. 3. Ingress and egress to the site shall be reviewed by the Department of Public Works to insure that no undue traffic safety hazard will be created. 4. Temporary structures shall comply with Building Division standards. 5. Electrical permit shall be obtained if the facility is to be energized. 6. The facility shall comply with fire prevention standards as approved and enforced by the Fire Chief. D. Bond Required. Prior to issuance of a business license and approval by the Director, a five hundred dollar($500) cash bond shall be posted with the City to ensure removal of any structure, cleanup of the site upon termination of the temporary use, and to guarantee maintenance of the property. A bond shall not be required for a seasonal sales facility operated in conjunction with a use on the same site. E. Removal of facility. The seasonal sales facility shall be removed and the premises cleared of all debris and restored to the condition prior to the establishment within ten calendar days of Halloween, Christmas, or the expiration of the time limit for single season agricultural product. 230.88 Fencing and Yards No portion of a required yard area provided for a structure on a lot shall be considered as part of the yard area for any other structure on the same or an adjacent lot. In all districts, minimum setback lines shall be measured from the ultimate right-of-way line. Diagrams A, B and C are hereby adopted to illustrate the provisions of this chapter. Where any discrepancy occurs 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. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-35 3/99 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. (3334-6197,3410-3/99) 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: (3525-2/02) (1) The proposed building materials and design shall be in conformance with the Urban Design Guidelines. (3525-2/02) (2) Extensions to existing wall(s) shall require submittal of engineering calculations to the Building and Safety Department. (3525-2/02) (3) The property owner shall be responsible for the care and maintenance of landscape area(s) and wall(s) and required landscape area(s). (3525-2/02) (4) Approval from Public Works Department. (3525-2/02) 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. Only at the time of initial construction of the dwellings and fin 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 . 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. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-36 2/02 7. Retaining walls shall comply with the following: a. Where a retaining wall is located on the property line separating lots or parcels and protects a cut below the natural grade, such retaining wall may be topped by a fence, wall or hedge of the same height that would otherwise be permitted at the location if no retaining wall existed. b. Where a retaining wall is on the property line of a rear yard abutting an arterial or exterior side yard and contains a fill of two (2) ft. or less or protects a cut below the existing grade, such retaining wall may be topped with a six (6) ft. decorative masonry wall. c. Where a retaining wall is on the property line of a rear yard abutting a local street, the maximum retaining wall height shall be twenty-four(24) inches as measured from the adjacent curb and may be topped with a maximum eighteen (18) inch decorative wall or fence for a total height of forty-two (42) inches. d. (1) The maximum height of a retaining wall on the front property line shall be thirty-six (36) inches as measured from the top of the highest adjacent curb. Subject to the Director's approval, a maximum forty-two (42) inch high wall or fence may be erected above the retaining wall with a minimum three (3) foot setback from the front property line. (3334-6/97,3410-3/99) (2) In the RMH-A subdistrict, the maximum height of a retaining wall on the front property line shall be eighteen (18) inches as measured from the top of the highest adjacent curb. Subject to the Director's approval, a second retaining wall up to eighteen (18) inches in height may be erected above the eighteen (18) inch high retaining wall with a minimum three (3) foot front setback. A wall or fence up to forty-two (42) inches in height may be erected on top of the retaining wall with the minimum three foot front setback. (See Exhibit below.) (3410-3/99) Required Tree/Palm Landscaping -�I Building* Front nronertv line Mnx.42" Patio Max.18" I o E 1 Retaining Walls Sidewalk/Parkway Max.18 *See Maximum building height in Chapter 210 Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-37 3/99 e. All retaining walls abutting a street shall be waterproofed to the satisfaction of the Director. f. Retaining wall and fence combinations over eight(8) feet in height shall be constructed with a variation in design or materials to show the distinction. Retaining wall and fence combinations over six (6) feet in height shall be designed without decorative block or cap block, except if equal in strength to the main portion of the fence. 8. The height of any fence, wall or hedge located in the front yard setback shall be measured from top of the highest adjacent curb. All other fence heights shall be measured from existing grade. 9. Any fence or wall located on the front property line shall be approved by the Department of Public Works. 10. In the industrial districts, nine (9) foot high fences may be permitted in the side and rear setbacks up to the front building line subject to plan review approval by the Director. 11. Deviations from the maximum height requirements for walls as prescribed by this Section maybe permitted subject to an app royal of conditional use permit by the Zoning Administrator. In the RL and H-A Districts deviations from maximum height requirements for walls in front yard setback may be permitted subject to the following conditions and plan review approval from the Director: a. Proposed wall/fence shall match existing fencing material of subJect site or an improvement thereto; and b. A minimum ten foot setback in the RL District, and seven foot setback in the RMH-A District shall be maintained for any fence over 42 inches in height in the front and setback which may be constructed to a maximum height of six feet; and c. Front setback shall be fully landscaped; and d. Hardscape shall not quality as required landscaping; and e. Location of fence shall comply with visibility requirements of this section; and f. Neighborhood Notification shall be required pursuant to Chapter 241. 12. Within the coastal zone, no gate, fence or wall shall be permitted that restricts or obstructs public access to the shore. (3334-6/97) B. Required Walls. 1. When office, commercial or industrial uses abut property zoned or used for residential, a six(6) foot high solid six (6) inch concrete block or masonry wall shall be required. If a wall meeting these standards already exists on the abutting residential property, protection from vehicle damage shall be provided by a method approved by the Director. The maximum fence height shall be eight(8) feet at the common property line, subject to the same design standards and setback requirements as specified for six (6) foot high fences. 2. Industrial screening walls abutting arterial highways shall be architecturally compatible with surrounding properties, constructed of a minimum six (6) inch wide decorative masonry block, and designed with landscape pockets at thirty-five (35) foot intervals along the street side sufficient in size to accommodate at least one 1) 15-gallon tree. Approval of a eanditional use pefmi4 by the Zoning Administrate Director 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 Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-38 6/97 (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. pRoPFRry<h✓E • � �2. GUFze NE�C'N� • , 25 2s. PR V�N� 230-CORP DIAGRAM A 0' _ 10 1O _ - 10' 10, 10' 10' 10' 10' 230-satb STREET/ALLEY DIAGRAM B Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-39 6/97 REVERSE CORNER LOT CORNER LOT INTERIOR LOT CORNER LOT ABUTTING ALLEY 45* •p 45 25' Xy p p , 25 25' 41WI D' 18 - ID' THROUGH THROUGH LOT CORNER LOT HEIGHT MEASUREMENT OF FENCE OR WALL ° p A 42 inch high fence may be constructed on any portion of the lot. ]5' Y EIndicates that portion of the lot on which a 6 foot high fence may be constructed. "A" Indicates minimum front yard setback. i5' 45 Diagram C .p. •p• 8,23,94 rMIRDRp1N230S81Q.BMP 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 Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-40 6/97 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. I. 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. 3. 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 Toxic Substances Control Health Se-v 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. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-41 6/97 3. Excavation of the site shall be performed in accordance with the requirements of the State Department of Toxic Substances Control "eatt co....: v�, and any other public agency with jurisdiction over hazardous waste sites. E. Operations Plan Contents. The operations plan shall contain the following: 1. A plan establishing lines of authority and responsibility between public agencies and the operator/applicant, or his agents, during excavation. The plan shall contain specific procedures to be followed by all responsible parties involved with the excavation. 2. A plan containing specific measures to monitor air quality to be implemented during excavation to prevent the exposure of on-site workers or area residents to unhealthful vapors from the site. If deemed necessary by the State Department of Health Services, the plan shall also include specific measures for evacuation of residents in the vicinity of the site. 3. A plan showing specific routes for vehicles transporting hazardous wastes from the site. 4. A plan containing specific steps for restoration of the site to a safe condition if excavation is terminated prematurely. F. Exemptions. The following activities shall be exempt from the requirements of this section unless otherwise determined by the Director: 1. The drilling of holes up to twenty-four(24) inches in diameter for telephone or power transmission poles or their footings. 2. The drilling of oil wells, gas wells or landfill gas collection wells or the maintenance of gas or leachate collection systems. 3. Any excavation activity which has been determined by the Director to pose an insignificant risk, or any activity which has been covered sufficiently in a plan prepared for any other agency having jurisdiction over the site. G. Excavation Activity Prohibited. 1. No person shall excavate at any land disposal site in the City of Huntington Beach unless he or she first certifies that all applicable regulations of other public agencies with jurisdiction over hazardous waste sites have been met. 2. Compliance with the provisions of this section shall not exempt any person from failing to comply with the requirements of the California Health and Safety Code, and any other applicable codes, rules or regulations. 230.94 Carts and Kiosks. Carts and kiosks may be permitted on private property zoned for commercial purposes, subject to approval by the Planning Director and compliance with this section. Carts and kiosks may be permitted as a temporary use on public property subject to Specific Event approval pursuant to Chapter 5.68. (3249-6/95;3482-12/00;3525-2/02) A. Location and Design Criteria. Cart and kiosk uses shall conform to the following: (3249-6/95) 1. No portion of a cart or kiosk shall overhang the property line. (3249-6/95) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-42 2/02 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. (3249-6/95) 3. The cart or kiosk shall not exceed a maximum of four(4) feet in width excluding any wheels, eight(8) feet in length including any handle, and no more than six(6) feet in height excluding canopies, umbrellas or transparent enclosures unless a larger size is approved. (3249-6/95,3525-2/02) 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: (3249-6/95,3525-2/02) 1. Appropriateness of the cart or kiosk design, color scheme, and character of its location; (3249-6/95) 2. Appropriateness and location of signing and graphics; (3249-6/95) 3. The width of the sidewalk or pedestrian accessway; (3249-6/95) 4. The proximity and location of building entrances; (3249-6/95) 5. Existing physical obstructions including, but not limited to signposts, light standards, parking meters, benches, phone booths, newsstands, utilities and landscaping; (3249-6/95) 6. Motor vehicle activity in the adjacent roadway including but not limited to bus stops, truck loading zones, taxi stands, hotel zones, passenger loading or parking spaces; (3249-6/95) 7. Pedestrian traffic volumes; and (3249-6/95) 8. Handicapped accessibility. (3249-6/95) C. Operating Requirements, Provisions and Conditions. 1. During hours of operation, the cart or kiosk must remain in the location specified on the approved site plan. (3249-6/95) 2. A cart or kiosk operator shall not sell to or solicit from motorists or persons in vehicles. 3. The cart or kiosk operator shall pay all fees and deposits required by the Huntington Beach Municipal Code prior to the establishment of the use. (3249-6/95) 4. All provisions of the Huntington Beach Municipal Code which are not in conflict with this section shall apply. (3249-6/95) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-43 2/02 5. The prices of items sold from a cart or kiosk must appear in a prominent, visible location in legible characters. The price list size and location shall be reviewed and approved by the Planning Director. (3249-6/95;3525-2/02) 6. The sale of alcoholic beverages shall be prohibited. (3249-6/95) 7. The number of employees at a cart or kiosk shall be limited to a maximum of two (2) persons at any one time. (3249-6/95) 8. Fire extinguishers may be required at the discretion of the Fire Department. (3249-6/95) 9. All cart and kiosk uses shall be self contained for water, waste, and power to operate. (3249-6/95) 10. A cart or kiosk operator shall provide a method approved by the Planning Director for disposal of business related wastes. (3249-6/95,3525-2/02) D. Parkin . Additional parking may be required for cart or kiosk uses by the Planning Director. (3249-6/95,3525-2/02) E. Review; Revocation. The Planning Department shall conduct a review of the cart or kiosk operation at the end of the first six (6) month period of operation. At that time, if there has been a violation of the terms and conditions of this section or the approval, the approval shall be considered for revocation. (3249-6/95;3525-2/02) F. Limited Neighborhood Notification.: Pursuant to Chapter 241. Ten ( 0) wefkifig days prior-to submit4al fef:a building peffnit of eeftifiea4e ef eeeupaney, applieafft shall fletiee the, 1. Name efappl; � 2. beeation of planned development of: , ineludingTvvcv-crvz7 3.Nature of the proposed devel0pme-fit shall be Ailly disclosed in the fIG660. (3525 2192) 4. Planning Pepaf:tmeat phone inumn-b-pert--an-idd -ad-d-riess etf-Gity 4all shall be pr-evided in the-, natiee to a llccr l f4viewing plans. 35(�2,n2) PePaf4fReflt.—k3&2&-247 6. A-Mining Department shall r-eeeive entire list ineluding nafne and address of th feeeiving the rA ail f�ci9 230.96 Wireless Communication Facilities A. Purpose. All wireless communication facilities shall comply with these requirements and guidelines in order to regulate the location and design of wireless facilities for the protection of public safety, general welfare, and quality of life in the City of Huntington Beach. 3568-9/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-44 9/02 B. Permit Required. 1. Administrative approval by the Director may be granted for proposed wireless communication facilities (including but not limited to ground mounted, co-located, wall, roof, or utility mounted) that are: (3568-9/02) a. Co-located to approved facilities at existing heights or complies with the base district height limit for modified facilities, and compatible with surrounding buildings and land uses by incorporating stealth techniques; or (3568-9/02) b. Completely stealth facilities and complies with the base district height limit; or (3568-9/02) c. Facilities in non-residential districts and in compliance with the maximum building height permitted within the zoning district; and (3568-9/02) 1. Screened from view and not visible from beyond the boundaries of the site at eye level (six feet); or (3568-9/02) 2. Substantially integrated with the architecture of the existing building or structure to which it is to be mounted; or (3568-9/02) 3. Designed to be architecturally compatible with surrounding buildings and land uses by incorporating stealth techniques. (3568-9/02) 2. Conditional use permit approval by the Zoning Administrator shall be required for all proposed wireless communication facilities(including but not limited to ground mounted, co-located, wall, roof or utility mounted) that are: (3568-9/02) a. Exceeding the maximum building height permitted within the zoning district; or (3568- 9/02) b. Visible from beyond the boundaries of the site at eye level (six feet); or (3568-9/02) c. Not substantially integrated with the architecture of the existing building or structure to which it is to be mounted; or (3568-9/02) d. Not designed to be architecturally compatible with surrounding buildings and land uses; or (3568-9/02) e. Facilities in residential districts that do not meet B.La or B.Lb. (3568-9/02) 3. Design review shall be required for wireless communication facilities located in redevelopment areas, on public right-of-ways, in OS-PR and PS zones, in areas subject to specific plans, on or within 300 feet of a residential district, and in areas designated by the City Council. Design review is not required for wireless communication facilities that comply with section B.1. (3568-9/02) C. Definitions. For the purpose of this section, the following definitions for the following terms shall apply: (3568-9/02) 1. Accessory Structure. Any structure or equipment that is to be located ancillary to an antenna or antennas in the establishment and operation of a wireless communication facility. (3568-9/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-45 9/02 2. Co-Location or Co-Located. The location of multiple antennas which are either owned or operated by more than one service provider at a single location and mounted to a common supporting structure, wall or building. (3568-9/02) 3. Completely Stealth Facility. Any stealth facility that has been designed to completely screen all aspects of the facility including appurtenances and equipment from public view. Examples of completely stealth facilities may include, but are not limited to architecturally screed roof-mounted antennas, fagade mounted antennas treated as architectural elements to blend with the existing building, flagpoles, church steeples, fire towers, and light standards. (3568-9/02) 4. Ground Mounted Facility. Any wireless antenna that are affixed to a pole, tower or other freestanding structure that is specifically constructed for the purpose of supporting an antenna. (3568-9/02) 5. Microwave Communication. The transmission or reception of radio communication at frequencies of a microwave signal (generally, in the 3 GHz to 300 GHz frequency spectrum). (3568-9/02) 6. Pre-existing Wireless Facility. Any wireless communication facility for which a building permit or conditional use permit has been properly issued prior to the effective date of this ordinance, including permitted facilities that have not yet been constructed so long as such approval is current and not expired. (3568-9/02) 7. Roof Mounted. Any wireless antenna directly attached or affixed to the roof of an existing building, water tank, tower or structure other than a telecommunications tower. (3568-9/02) 8. Stealth Facility or Techniques. Any wireless communication facility, which is designed to blend into the surrounding environment, typically, one that is architecturally integrated into a building or other concealing structure. See also definition of completely stealth facility. (3568-9/02) 9. Telecommunication Facility. A wireless communication facility that is either wall mounted, utility mounted, or roof mounted. (3568-9/02) 10. Utility Mounted. Any wireless antenna mounted to an existing above-ground structure specifically designed and originally installed to support utilities such as but not limited to electrical power lines, cable television lines, telephone lines, non-commercial wireless service antennas, radio antennas, street lighting, recreational facility lighting, traffic signal equipment or any other utility which meets the purpose and intent of this definition. (3568- 9/02) 11. Wall Mounted. Any wireless antenna mounted on any vertical or nearly vertical surface of a building or other existing structure that is not specifically constructed for the purpose of supporting an antenna(including the exterior walls of a building, an existing parapet, the side of a water tank, the face of a church steeple, or the side of a freestanding sign) such that the highest point of the antenna structure is at an elevation equal to or lower than the highest point of the surface on which it is mounted. (3568-9/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-46 9/02 12. Wireless Communication Facility or Facility. An antenna structure and any appurtenant facilities or equipment that are used in connection with the provision of wireless communication service, including, but not limited to digital, cellular and radio service. (3568-9/02) D. Applicability. (3568-9/02) 1. All wireless communication facilities which are erected, located, or modified within the City of Huntington Beach on or following the effective date of section 230.96 shall comply with these guidelines, subject to the categorical exemptions under subparagraph (3) of this section, provided that: (3568-9/02) a. All facilities, for which applications were determined complete by the Planning Department prior to the effective date of this section, shall be exempt from these regulations and guidelines. (3568-9/02) b. All facilities for which Building and Safety issued building permits prior to the effective date of section 230.96 shall be exempt from these regulations and guidelines, unless and until such time as subparagraph (2) of this section applies. (3568-9/02) c. Any facility, which is subject to a previously approved and valid conditional use permit, may be modified within the scope of the applicable permit without complying with these regulations and guidelines. (3568-9/02) 2. All facilities for which building permits and any extension thereof have expired shall comply with the provisions of section 230.96. (3568-9/02) 3. The following uses shall be exempt from the provisions of section 230.96 until pertinent federal regulations are amended or eliminated. See Section 230.80 (Antennae) for additional requirements. (3568-9/02) a. Any antenna structure that is one meter(39.37 inches) or less in diameter and is designed to receive direct broadcast satellite service, including direct-to-home satellite service for television purposes, as defined by Section 207 of the Telecommunication Act of 1996, Title 47 of the Code of Federal Regulations, and any interpretive decisions thereof issued by the Federal Communications Commission (FCC). (3568- 9/02) b. Any antenna structure that is two meters (78.74 inches) or less in diameter located in commercial or industrial zones and is designed to transmit or receive radio communication by satellite antenna. (3568-9/02) c. Any antenna structure that is one meter(39.37 inches) or less in diameter or diagonal measurement and is designed to receive Multipoint Distribution Service,provided that no part of the antenna structure extends more than five (5) feet above the principle building on the same lot. (3568-9/02) d. Any antenna structure that is designed to receive radio broadcast transmission. (3568-9/02) e. Any antenna structure used by authorized amateur radio stations licensed by the FCC. (3568-9/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-47 9/02 E. Facility Standards. 1. Aesthetics: a. Facili : All screening used in conjunction with a wall or roof mounted facility shall be compatible with the architecture of the building or other structure to which it is mounted, including color, texture and materials. All ground mounted facilities shall be designed to blend into the surrounding environment, or architecturally integrated into a building or other concealing structure. (3568-9/02) b. Equipment/Accessory Structures: All equipment associated with the operation of the facility, including but not limited to transmission cables, shall be screened in a manner that complies with the development standards of the zoning district in which such equipment is located. Screening materials and support structures housing equipment shall be architecturally compatible with surrounding structures by duplicating materials and design in a manner as practical as possible. If chain link is used, then it must be vinyl coated and not include barbed wire. (3568-9/02) c. General Provisions: All Wireless Communication Facilities shall comply with the Huntington Beach Urban Design Guidelines. (3568-9/02) 2. Buildin Codes:odes: To ensure the structural integrity of wireless communication facilities, the owners of a facility shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for facilities that are published by the Electronic Industries Association, as amended from time to time. (3568-9/02) 3. Conditions of Approval: Acceptance of conditions by the applicant and property owner shall be ensured by recordation of the conditions on the property title. (3568-9/02) 4. Federal Requirements: All Wireless Communication Facilities must meet or exceed current standards and regulations of the FCC, and any other agency of the state or federal government with the authority to regulate wireless communication facilities. (3568-9/02) 5. Interference: To eliminate interference the following provisions shall be required for all wireless communication facilities regardless of size: (3568-9/02) a. Prior to issuance of a building permit, the applicant must submit the following information to the Police Department for review: (3568-9/02) 1. All transmit and receive frequencies; (3568-9/02) 2. Effective Radiated Power(ERP); (3568-9/02) 3. Antenna height above ground, and (3568-9/02) 4. Antenna pattern, both horizontal and vertical (E Plane and H Plane). (3568-9/02) b. At all times, other than during the 24-hour cure period, the applicant shall comply with all FCC standards and regulations regarding interference and the assignment of the use of the radio frequency spectrum. The applicant shall not prevent the City of Huntington Beach or the countywide system from having adequate spectrum capacity on the City's 800 MHz voice and data radio frequency systems. The applicant shall cease operation of any facility causing interference with the City's facilities immediately upon the expiration of the 24-hour cure period until the cause of the interference is eliminated. (3568-9/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-48 9/02 c. Before activating its facility, the applicant shall submit to the Police and Fire Departments a post-installation test to confirm that the facility does not interfere with the City of Huntington Beach Public Safety radio equipment. The Communications Division of the Orange County Sheriff's Department or Division-approved contractor at the expense of the applicant shall conduct this test. This post-installation testing process shall be repeated for every proposed frequency addition and/or change to confirm the intent of the "frequency planning"process has been met. (3568-9/02) d. The applicant shall provide to the Planning Department a single point of contact (including name and telephone number) in its Engineering and Maintenance Departments to whom all interference problems may be reported to insure continuity on all interference issues. The contact person shall resolve all interference complaints within 24 hours of being notified. (3568-9/02) e. The applicant shall insure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of the applicant to comply. (3568-9/02) 6. Li hting: All outside lighting shall be directed to prevent"spillage"onto adjacent properties, unless required by the FAA or other applicable authority, and shall be shown on the site plan and elevations. (3568-9/02) 7. Maintenance: All facilities and appurtenant equipment shall be maintained to remain consistent with the original appearance of the facility. Ground mounted facilities shall be covered with anti-graffiti coating. (3568-9/02) 8. Monitoring: For all wireless communication facilities, the applicant shall provide a copy of the lease agreement between the property owner and the applicant prior to the issuance of a building permit. (3568-9/02) 9. SignL The facility shall not bear any signs or advertising devices other than certification, warning, or other required seals of signage. (3568-9/02) F. Site Selection. For all wireless communication facilities, the applicant shall provide documentation that demonstrates the following: (3568-9/02) 1. Compatibility with the surrounding environment or architecturally integrated into a structure. (3568-9/02) 2. Screened or camouflaged by existing or proposed topography, vegetation, buildings or other structures as measured from beyond the boundaries of the site at eye level(six feet). (3568-9/02) 3. Massing and location of the proposed facility are consistent with surrounding structures and zoning districts. (3568-9/02) 4. No portion of a wireless communication facility shall project over property lines. (3568- 9/02) G. Facilities in the Public Right-of-Way. Any wireless communication facility to be placed over, on or beneath the public right-of-way shall comply with the following standards: (3568-9/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-49 9/02 1. Any wireless communication facilities to be constructed on or beneath the public right-of- way must have a franchise agreement with the City or the owner that has a wireless franchise agreement with the City, or the applicant must provide documentation demonstrating that the applicant is a state-franchised telephone corporation exempt from local franchise requirements. (3568-9/02) 2. All equipment associated with the operation of a facility, including but not limited to transmission cables, shall be placed underground in those portions of the street, sidewalks and public rights-of-way where cable television, telephone or electric lines are underground. At no time shall equipment be placed underground without appropriate conduit. (3568-9/02) 3. The City Engineer shall approve the location and method of construction of all facilities located within public rights-of-way. (3568-9/02) 4. All wireless communication facilities shall be subject to applicable City permit and inspection fees, including, but not limited to, those pertaining to encroachment permits and all applicable fees. (3568-9/02) 5. Any wireless communication facility installed, used or maintained within the public rights-of-way shall be removed or relocated when made necessary by any"project." For purposes of this section, project shall mean any lawful change of grade, alignment or width of any public right-of-way, including but not limited to, the construction of any subway or viaduct that the City may initiate either through itself, or any redevelopment agency, community facility district, assessment district, area of benefit, reimbursement agreement or generally applicable impact fee program. (3568-9/02) 6. Wireless communication facilities may be installed on existing utility poles, conduits and other facilities of a public utility, with the approval of the City Engineer,provided a franchise agreement exists allowing wireless installation. (3568-9/02) 7. Prior to the approval of any required building permits or entitlements (Conditional Use Permits, Variances, etc.) the applicant shall have a franchise agreement approved by the City Council. (3568-9/02) H. Facilities on Public Property. Any wireless communication facility to be placed over, on or beneath public property shall comply with the following standards: (3568-9/02) 1. Wireless communication facilities shall be installed in accordance with all applicable City codes and ordinances, including, but not limited to, standards for paving in the event that any undergrounding of utilities is required. (3568-9/02) 2. Any wireless communication facilities to be constructed on or beneath public property must have a lease agreement with the city. (3568-9/02) I. Additional Requirements. 1. Landscaping: Landscape planting, irrigation and hardscape improvements may be imposed depending on the location, the projected vehicular traffic, the impact on existing facilities and landscape areas, and the visibility of the proposed facility. Submittal of complete landscape and architectural plans for review and approval by the Directors of Public Works and Planning may be required. Public Works inspectors may require additional improvements during installation based on facility impacts. (3568-9/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-50 9/02 2. Utility Agreement: If the proposed facility will require electrical power or any other utility services to the site, the applicant will be required to furnish the City's Real Estate Services Manager, either a drafted utility franchise agreement between the City of Huntington Beach and the applicant to place those lines in the public right-of-way, or a written statement from the utility company who will be supplying the power or other services, that they accept all responsibility for those lines in the public right-of-way. (3568- 9/02) J. Facility Removal. 1. Cessation of Operation: Within thirty(30) days of cessation of operations of any wireless communication facility approved under this section, the operator shall notify the Planning Department in writing. The facility shall be deemed abandoned pursuant to the following sections unless: (3568-9/02) a. The City has determined that the operator has resumed operation of the wireless communication facility within six (6) months of the notice; or (3568-9/02) b. The City has received written notification of a transfer of wireless communication operators. (3568-9/02) 2. Abandonment: A facility that is inoperative or unused for a period of six (6) continuous months shall be deemed abandoned. Written notice of the City's determination of abandonment shall be provided to the operator of the facility and the owner(s) of the premises upon which the facility is located. Such notice may be delivered in person, or mailed to the address(es) stated on the facility permit application, and shall be deemed abandoned at the time delivered or placed in the mail. (3568-9/02) 3. Removal of Abandoned Facility: The operator of the facility and the owner(s) of the property on which it is located, shall within thirty(30) days after notice of abandonment is given either(1) remove the facility and restore the premises, or(2) provide the Planning Department with written objection to the City's determination of abandonment. Any such objection shall include evidence that the facility was in use during the relevant six- (6) month period and that it is presently operational. The Director shall review all evidence, determine whether or not the facility was properly deemed abandoned, and provide the operator notice of its determination. (3568-9/02) 4. Removal b�Cit . At any time after thirty-one (31) days following the notice of abandonment, or immediately following a notice of determination by the Director, if applicable, the City may remove the abandoned facility and/or repair any and all damage to the premises as necessary to be in compliance with applicable codes. The City may, but shall not be required to, store the removed facility(or any part thereof). The owner of the premises upon which the abandoned facility was located, and all prior operators of the facility, shall be jointly liable for the entire cost of such removal, repair, restoration and/or storage, and shall remit payment to the City promptly after demand thereof is made. The City may, in lieu of storing the removed facility, convert it to the City's use, sell it, or dispose of it in any manner deemed appropriate by the City. (3568-9/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-51 9/02 ORDINANCE NO. 3646 AN ORDINANCE OF THE CITY OF HUNTINGTON B ACH AMENDING CHAPTER 233 OF THE HUNTINGTON EACH ZONING AND SUBDIVISION ORDINANCE EN TLED SIGNS The City Council of the-City of Huntington Beach does h eby ordain as follows: SECTION 1. Chapter 233 of the Huntington Beach oning and Subdivision Ordinance is hereby amended to read as follows: Cfia ter�33 S� n�s � � Sections: 233.02 Reserved 233.04 Permits Required 233.06 Permitted Signs 233.08 Exempt Signs 233.10 Prohibited Si s 233.12 Electronic R aderboards 233.14 Readerboar Signs-Multiple Users 233.16 Subdivisi al Directional Signs 233.18 Promoti al Activity Signs 233.20 Planne Sign Program 233.22 Misce aneous Signs and Provisions 233.24 Non reforming Signs 233.26 Co Compliance 233.28 D tuitions 233.02 Reserved 233.04 Permit Required Sign permits are r uired for all signs, unless expressly exempted under Section 233.08. A sign permit (building ermit) for a new sign or change in sign panel/face shall be obtained from the Planning and B Wing and Safety Departments prior to installation. A. i n 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. ord/04 zoning/chap 233/4/5/04 1 1 c. Dimensioned building elevations with existing and proposed signs -depicted. 2. Property owner approval in the form of a letter or signature bn the plans, approving the proposed signs and authorizing submission of the sign application. 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 20% 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. ord/04 zoning/chap 233/4/5/04 2 6. Planning Director shall receive entire list including name and dress of those receiving the mailing. The Design Review Board shall review and render a recommen tion to the Director for sign code exception requests of more than 20% in ign height or sign area supergraphics, three-dimensional signs, and relief from e strict application of Section 233.06. The following findings shall be made prio to approval of any sign code exception: 1. The sign is compatible with the character of the rea and is needed due to special circumstances defined by the applican and applicable to the property. 2. The sign will not adversely affect other sig s in the area. 3. The sign will not be detrimental to prop ies located in the vicinity. 4. The sign will not obstruct vehicular pedestrian traffic visibility and will not be a hazardous distraction. D. Limited Sign Permit: The owner of a s' n which does not conform to the provisions of Section 233.06 may file an applica on for a limited sign permit to the Director for permission to change the face or opy of such sign. A limited sign permit cannot be processed for illegal signs or si s listed as prohibited in Section 233.10. The Director may approve the face ch nge and extend a sign's use for a time period deemed appropriate, not to exce d two (2) years. A sign permit shall be obtained prior to installation of the new ign panel/face. A cash bond in an amount d ermined by the Director to reflect the cost of removal based on information provi ed by a sign company shall be required to guarantee the sign's removal upon expir ion of the limited sign permit. Approval shall be subject to the following findings- I. Due to unique c' cumstances, the sign's immediate removal will result in a substantial har ship for the applicant. 2. The sign wi not adversely affect other lawfully erected signs in the area. 3. The sign ill not be detrimental to properties located in the vicinity. 4. The si will be in keeping with the character of the surrounding area. 5. Th sign will not obstruct vehicular or pedestrian traffic visibility and will not be a hazardous distraction. E. Desi Review Board. When authorized by the provisions of this code, the Design /2. w Board (DRB) shall review and render a recommendation to the appropriate on maker(Zoning Administrator, Director, Planning Commission, etc.) on the ing items prior to application for a sign permit to the Building Department: 2/97, 3527-2/02) Electronic Readerboard Signs. Signs on properties within the following areas: a. Redevelopment project areas; ord/04 zoning/chap 233/4/5/04 3 b. Areas subject to specific plans which do not include design guidelines for signs; c. OS=PR(Open Space-Parks and Recreation) and OS-S (Open Space- Shoreline districts); and d. Areas designated by the City Council. 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: 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. 233.06 Permitted Signs 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 signage. 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 community. A. COMMERCIAL DISTRICTS 1. FREESTANDING SIGNS ON ADAMS AVE.,BEACH BLVD.,BROOKHURST ST., EDINGER AVE.,GOLDENWEST ST. AND WARNER AVE. XIM NUMBERUF MAXIMUM MAXIMUM z. SIGNS' SIGN HEIGHT. SIGN:AREA_ a. Interior lots with less than One 10 ft. 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. Comer 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 Comer lots with and two secondary(S) +5 ft.for(P)Bonus +25 sq. ft. (P)Bonus ord/04 zoning/chap 233/4/5/04 4 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 V 200 sq.ft. 2. FREESTANDING SIGNS ON ALL OTHER ARTERIALS NOT YIISTED ABOVE R "WV E M a.' Interior lots with less than One 50 sq.ft. 400 feet of street frontage +I ft./,Bonus +10 sq.ft.for Bonus b. Comer lots with the greatest On.e per street 7 ft. 30 sq.ft. street frontage less than 400 feet +/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 Comer 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 ill ination for items of information only. 2. Multi-tenant panels are permitted provided the panels are in* imurn 10 inches in height,with a minimum 6 inch letter height. They shall be restricted to one uniform back ound color and two colors for the sign copy,with the exception that the Center Identification may have a separ to background color. Sign copies shall be limited to the company name or one generic item of information. M 'or 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 freestan ng signs with minimum six(6)inch numerals. OTHER LOCATIONAL CRITERIA FOR F ESTANDING COMMERCIAL SIGNS 1. No business shall have more than one freesta ding sign facing each frontage. 2. Freestanding signs on the same site shall be ocated a minimum of 150 feet apart unless approved by a planned sign program. 3. A freestanding sign shall not be permitte in an area between the building and right-of-way when that portion of the building is located at the minimum setb ck. 4. Signs shall be located in a landscape anter a minimum of 2 feet wider than the sign itself. Square poles.or other architectural treatment shall be requ' ed,except if the sign is 8 feet or less in height, it shall,be of monument type, with a minimum 2 foot base. Plac ent shall conform with Diagram A. 5. No freestanding sign shall be loc ed along a local street. REST OF PAGE NOT USED ord/04 zoning/chap 233/4/5/04 5 1 I A. COMMERCIAL DISTRICTS (CONTINUED) 3. WALL SIGNS ems. . ,. .. ... _. . {� 9 _.,;,.., max; ,.. r:: xN „ass... T iY.'K?:µ '>?'¢UYK+s` ,v"`x., a ;. �rgy,.,..,....,, a*.. .� d£. ,;#"-�i`n ar.,. d t�"� a s"t,,,..Sn. Y �.. ivMAXMCJM IiVUM �� .. -� SITE GRTI ERIAsy s =E :ry Ni71YIBER ,c: SIGl�I AREA � 5, , ;.;.0'I'HE tISTANDARDS 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 4.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. I. 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 > : s. ly =1YIAXIIVIUIVI MIJ1Yi: z EMAXI MAXIM ERi$A SITErC9ITERIA''...,:T1'PE NI7IVFBE'R- _SIGN AREA>=>o „;: IiEIGHT;Yfa{dTME --OTH TANDARD"S Hotel with f/s One per site 30%of See A.1. To be combined with Convention allowable Ps Freestanding permitted sign. Faciljjy area Signs a-d above Live Entertainment Vs One per site 30%of See A.1. To be combined with allowable Vs Freestanding permitted sign. area Signs a-d above Tenant Directory Vs 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 f/s or One per drive- 10 sq.ft. 7 ft. May be in addition to wall thru lane permitted sign. Electronic Readerboards (See Sections 233.12 and 233.14 for specifications) ord/04 zoning/chap 233/4/5/04 6 B. INDUSTRIAL DISTRICTS 1. FREESTANDING SIGNS MIM =.i' .,' ""on�. e'ce;,- : ', �-a{5�r" 4£ ]SAXIMUIMAD G U :HER�= EI�H �, ��, STAIRS�,�:x��f Industrial/Mixed One business Under 1 acre: 7 ft. 1.Sign y6py shall be limited to center or Uses identification 32 sq. ft. sin a business identification only. No sign per site Iti-tenant panels shall be permitted. Industrial centers (' over 1 acre: 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 I I /. 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 ce ers high letters. They shall be restricted to over 1 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. B. INDUSTRIA DISTRICTS (CONTINUED)2. WALL SIG >,, ., '"rc`.,:.�`,.. �.✓ �^' jai -r,i",:," 1VIAXhM•U1VI�a =F =r «e SY a; �S".':.�'. �sct`g`i •°�'-':'- a'M k�»,.S?`4�.�•:'Y Y.:.,a.Sv-v+y "-Fn'^a� �� RITE NLJIVIBER°_;; ,_ �;� .m ..��: �� All Industrial/ One per street l sq.ft.per linear ft. Below roofline 1.One nameplate may be placed at each Mixed Use 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. ord/04 zoning/chap 233/4/5/04 7 C. RESIDENTIAL _ taw, .`tx`�az�s:=; �`a„ '�-"�i:�ic•, .n<f-�a. �„,,:1;�.,.,�..¢-.,,,M-�,�,:.. .p._.i-.s'�n�. M ";s' ` , ICTFS��` r :. :_ .:` SAXI'111�JM adMAXIMtM : S.IfiN` " m, _aTYPEi a � M �-NIJMBER':��,�SIGNA�R°E�l ;ytH ,.�a,.,�,.: O�'I�TER:ST�ND.�RDS:��:E.< EIGHT Neiehborhood US 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. Vacancy Signs wall One per street 6 sq.ft. Below roofline 1.Copy limited to"vacancy,"type for Multi-family frontage of unit available,and source of Developments information. D. CHURCHES, AND SCHOOLS,AND COMMERCIAL RECREATIONAL USES WITHIN PUBLIC PARKS a,., ;rts,-z; '::r�;'�p > ` .,,.� ,:€ ate' h�-> �'• "-';,...'a :�'Es> s MKS,£tz r&s*^ ;��:GRITERIA�:tea°<TYPE<�,,.: <N�I:TMBER%:_:_:�SIGN�AREA. ��I=IEIGIIT, � ��OT,IIER�STANDARDS: Identification Vs One per site 32 sq.ft. 7 ft. 1.Freestanding signs shall be completely located within a AND landscaped planter. wall 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 Us One per site 30%of 7 ft. To be combined with permitted sign. coo allowable Vs area wall One per site May be in addition to permitted 10 sq. ft. sign. ord/04 zoning/chap 233/4/5/04 g • E. SERVICE STATIONS -gt ss 8.q; Yb .f ST.11Y11 �"x .�r"*`s�y' ��'%;';4�•� .<t�y.; .ri,•i� ., , �3,a<,.:,, '�.' ib .. ''.�� Yam• - �,;,�� ,�`-�-'�..� ; v ��s � z� �'.� -•. ,„vas,� Mw� �»�� ;: Business Vs One per site Alternative A: 7 ft. 1. rvice 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 pricing. 3.Signs shall be monument type. OR 4.All freestanding signs shall have the address included on the sign. Alternative B: 50 sq.ft.if price information is incorporated o sign. Signs ll contain p is for fue/dpice cc only. detac sign hall be loc ed e ewhere on e site. wall One per street I sq.ft.per Below roofline 1.Internal illumination or channel frontage linear foot of letters only. and/or building frontage 2.If canopy fascia signs are used for canopy One per str et 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 Vs 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. ord/04 zoning/chap 233/4/5/04 9 E. SERVICE STATIONS (CONTINUED) 'E1t�I°A�"� r Pump- attached One per 2 sq.ft. 10 ft. 1.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 "'ki � � 1VIAXIIVIIJM':= n.�.- `'€ ` ="£,.}..3r„..,- «" ,a. t:��`T s.�;,..zz ';='.'��--`-��:e �`...;"'`�' -„'``�'$r,'�,�`°:,a-::� .�:z��`>. -,:r�^ "�f��•'-•W�:s�r :*:"�s`��.-s�- ,:�:.: <��Ess_...�- ::2rc"c�;�,f, 4�+.-' - -.�` :.�;�'c$ M rfi z.,r.U"• .;:Y�,,,�x"� ;�;,r> ��:•�.oi,��z�,� .�<.^tij,:,:�xf..?.. s lA TYPE`~=�%°�NI111'IBER » �<SIGN�AREA>;1.-� HEIGHTS; _. :=-��;R ��O�'I3ERS .AND"`A1tDS�,,.�;. 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 Activity Signs (See Section 233.18 for specifications) Real Estate 1.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. Vs -Commercial One per site 20 sq. ft. 10 ft. 2.Signs 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 ord/04 zoning/chap 233/4/5/04 10 F. PERMITTED IN ALL DISTRICTS NCO TINUED) �,.,, ^-r:<.,,:�ws. .3• . ::-�:•,:.,�,;_`° ,x4:`?+,:a ,s'�" �,' ,.....-.�♦,�.v.. ,�„t'�=`<? ,.;t�,{:.,d r r.�.„::hz S�t."a„W^.:a.,;�..;..,.,.�,,,. :� ��'°��;�.�%`.�..v. ';��,3°>`s ;��,>'�€'�,,�r�'r�,g�"w „u.}.E - �?`.'F.; a• -.�°µ.r�a;�?a, , _ �q ,a3?a��' a:�, ,.E,�.�in11 yx"= ��•�an'd -� ;��,,'1i«� �rira,-.""3;:�:�'u,�:�'��wuy..;;.�.� :;,s- -- x s �'�.,,w "<s.,a�«z>� ',.;t.,. ,. �% ''� `3".,;.`. .,tea>.-., ;,f.n,•�z2. . „va" _�,., �'M.;;-xg;�� `CRLTERIAm�.�TY�PE ��,.�T;UMBER� �STGN�AREA;:��HEIGHT �-• �:,�h�,:«O: Open House Ps One Sign 6 sq.ft. 4 ft. 1.Ope ouse signs and flags may Signs and Real be isplayed only during daylight Estate Flajzs Three flags per 2.5 sq.ft. 6 ft. urs 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 Signs exempt from the sign permit requirements of is chapter include: A. Corner stones, including names of uildings, dates of erection, and citations that are made an integral part of the strut re. B. Credit card, trading stamp, or a association signs not exceeding 0.5 square feet each. C. Governmental flags of any governmental agency not used for commercial promotional purposes. D. Neighborhood Watch igns. E. Notices posted by tility or other quasi-public agent in the performance of a public duty or by y person giving due legal notice. F. Official notice of any court, public body or officer. G. Oil operatio s signs consistent with Title 15 of the Municipal Code. H. One cons ction sign per street frontage with a maximum sign area of 32 square feet loc ed on a construction site during the course of construction. Removal is require prior to issuance of a certificate of occupancy or final inspection, whit ver comes first. I. O name plate, not over six (6) square feet in area, displaying the name and/or p ofession of the occupant of the building and/or the address, may be placed at each oor, loading dock, or other entrance facing a public street. 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. ord/04 zoning/chap 233/4/5/04 1 1 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. 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. J�1 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. N. Promotional Activity Signs for Vehicle Sales Dealerships provided they comply with the provisions set forth in Section 233.18 G. O. Public transit seating signs and public information, directional, and warning signs erected by a public agency. P. Real estate signs provided they comply with the provisions set forth in Section 233.06 F. 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. 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. S. Signs required by the Americans with Disabilities Act (ADA). T. Street address numerals. U. No-trespassing signs posted a minimum of 100 feet apart. 233.10 Prohibited Signs 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). 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. C. Roof signs. 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. ord/04 zoning/chap 233/4/5/04 12 I I I . E. Signs which produce odor, sound, smoke, fire or other such emissions. F. Flashing, moving,"pulsating, or intermittently lighted signs, mechanical in ement signs, including searchlights, except electronic readerboards and publics rvice signs such as'those for time and temperature. G. Animals or human beings, live or simulated, utilized as signs. H. Projecting signs, except canopy or awning signs and under-can y signs, subject to subsections 233.06(A) and 233.06(E). I. Signs which constitute a nuisance or hazard due to their i ensity of light. J. Signs visible from and within 100 feet of an R district hich are illuminated between the hours of 10:00 PM and 7:00 AM unless ey identify an establishment open for business during those hours. K. Off-premises signs, including billboards or adv ising structures installed for the purpose of advertising a project, subject or bu ness unrelated to the premises upon which the sign is located, except subdivision irectional signs and multiple user electronic readerboards. L. Abandoned signs and signs which no to ger identify a bona fide business conducted on the premises. Such sign shall be removed by the property owner within 60 days of the business' closi date. The sign panel may be turned over (blank side out) if the sign complie with code. M. Signs on any public property, in uding signs affixed to utility poles, or projecting onto the public right-of-way, e ept political signs and those required by law. This section shall not prohibit the acement of advertising panels on public service items including,but not lim' ed to, trash receptacles, bicycle racks, bus benches, transit shelters, and teleph e booths, within public rights-of-way or in publicly- operated beaches or park rovided such items are placed in accord with an agreement granted by th City Council. N. Vehicle signs, signs fixed to automobiles, trucks, trailers or other vehicles on public or private pr erty for the basic purpose of advertising, identifying or providing directio to a use or activity not related to the lawful use of the vehicle for delivering me handise or rendering service. Any such vehicle signs which have as their pri ary purpose to serve as a non-moving or moving display are prohibited. t 233.12 Electronic eaderboards Electronic readerboar s may be permitted subject to the review by the Design Review Board, and approval of a condit* nal use permit by the Zoning Administrator. A. Re ired Findings: Prior to approving a conditional use permit to allow an el tronic readerboard sign, the Zoning Administrator shall make the following f dings: 1. The proposed electronic readerboard sign conforms with the standards and criteria as set forth in this chapter; ord/04 zoning/chap 233/4/5/04 13 2. The proposed electronic readerboard sign is compatible with other signs on the site and in the vicinity; 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 4. The proposed electronic readerboard sign shall not have adverse visual impacts on adjoining commercial.and/or residential neighborhoods. B. Readerboard Sign Criteria: 1. Electronic readerboards may be freestanding or wall type signs. 2. The maximum number of electronic readerboards shall be one per site. 3. The maximum sign area shall be 115 square feet; 90 square feet for message center; and 25 feet for other information. 4. The maximum height of a freestanding electronic readerboard sign shall be 25 feet. 5. The electronic readerboard shall have cylinders, a shade screen and a photocell for reducing the intensity of lighting at night. 6. The maximum measurable light output of the electronic readerboard shall not exceed 50 foot-candles at any property line. C. Location Requirements: 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. 2. Minimum lot frontage: 200 feet. 3. Minimum distance between electronic readerboards: 150 feet. 4. Minimum distance to any residence: 150 feet. D. Other Standards: 1. Where a site has an electronic readerboard, temporary banners, balloons, flags, etc. shall be permitted a maximum of 15 days per calendar year. 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. 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. 4. Light intensity changes (other than between day and night uses) are not permitted. ord/04 zoning/chap 233/4/5/04 14 J,. 5. In addition to the electronic readerboard sign, one monumen ign, maximum of seven (7) feet in height and a maximum fifty(50) squar eet in sign area, may be permitted and all other signage shall be brought i o'conformance with this chapter. 233.14 Readerboard Signs - Multiple Users Off-site electronic readerboard signs may be permitted subject to a conditional use permit approval by the Zoning Administrator. Approval of electronic r derboard signs shall be subject to the following: A. Required Findings: Prior to approving a cond' ional use permit to allow a multiple user electronic readerboard sign, the Plannin Commission shall make the following findings: 1. The proposed electronic readerbo d sign conforms with the standards and criteria as set forth in the Huntin on Beach Zoning and Subdivision Ordinance; 2. The proposed electronic rea rboard sign will not adversely impact traffic circulation in adjacent righ of-way or create a hazard to vehicle or pedestrian traffic. B. Multiple User Readerboard S' n Criteria: 1. Multiple user electro is readerboard signs may be located at a site which is not the location of y of the parties using the sign for advertising. 2. Multiple user ele tronic readerboard shall be freestanding. 3. The maximu sign area shall be twelve hundred (1200) square feet. 4. The maxim height of a multiple user readerboard sign shall be eighty-five (85) feet. 5. The mul ple user readerboard shall have cylinders or directional incandescent lamps d have a shade screen or louver system, a shade screen and a photo ell for reducing the intensity of lighting at night. C. Li ghtin g andards: 1. T e maximum night time light intensity and illuminance shall conform to the llowing: MAXIMUM NIGHT TIME INTENSITY Height fropi Ground infeet) 5 10 20 30 50 70 85 Maxim Intensity x 10 0 lumens 125 130 145 170 250 370 490 ord/04 zoning/chap 233/4/5/04 15 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. 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. 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 shall be subject to approval of the Director. D. Location Requirements: l. A multiple user readerboard shall be located no farther than two hundred (200) feet from a freeway. 2. The minimum distance between multiple user readerboards shall be one thousand (1,000) feet. 3. The sign shall be a minimum distance of 600 feet from residential properties. E. Other Standards: 1. No off-site electronic readerboard will be permitted except for multiple users. 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. 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. 4. Light intensity changes (other than between day and night uses) are not permitted. 233.16 Subdivision Directional Signs 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. 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:. ord/04 zoning/chap 233/4/5/04 16 A. Location requirements: 1. Signs shall not be located within any public right-of-way or o any property d2veloped with residential uses other than that of the subdiv* ion identified. 2. Signs located on the same side of the street shall be a mi mum of 600 feet from any other subdivision directional sign except a si may be permitted on each corner of the intersection of arterial highways. 3. Maximum area and height: a. 64 square feet in area and 1.5 feet high pr ided there is a minimum 50 foot distance from any adjacent deve ped property. b. 32 square feet in area and 8 feet high rovided there is a minimum 25 foot distance from any adjacent veloped property. B. Permit expiration: Permits issued for subdiv' ion directional signs shall expire either one year from the date of issuance or n the date 90 percent of the project's units have all been sold, leased, or rented r the first time, whichever is sooner. Annual renewals may be granted for suc time as units still exist for sale; however, no more than one directional sign is all wed after 90 percent of the units are sold, leased or rented. C. Street widening: When a sign con acts with street widening or construction, it shall be removed upon written no ce at no cost to any public agency. D. Required bond: Prior to the is ance of a building permit, the applicant shall file a cash bond in an amount set b resolution of the City Council. The full bond amount shall be refunded if e sign structure is removed and the site restored to its original condition within 1 days after the expiration of the permit. If the sign structure is not removed, e City shall remove the sign and its supporting structure with the cost deducted fr in the cash bond, and any remainder refunded. 233.18 Promotional Activi Signs A. Promotional activi signs may be placed on a site subject to the approval of the Director, provide that temporary signs comply with this section, and do not create safety hazards o block signs identifying adjoining establishments. B. A temporary sign permit for promotional activity banners, pennant or pennants, unless othe ise specified, shall be valid for a maximum of ninety(90) days in any calendar ye and shall not be renewable. C. A promotional activity banner or banners shall not exceed one square foot of banner area for ach linear foot of building frontage and in no case shall the total banner area ex eed 100 square feet. Pennants shall be limited to a maximum of one square foot f each pennant. D. A to porary sign permit for grand opening promotional activities shall be allowed for ninety(90) days, and the permit is not renewable. A promotional activity b er, as permitted above, shall not be affected by the issuance of a grand opening s.gn permit during the same calendar year. The size of a grand opening banner hall not exceed the size specified in Section 233.18 C. ord/04 zoning/chap 233/4/5/04 17 E. Promotional signs shall not be in a condition of disrepair. Disrepair shall include torn, faded or sagging signs. F. Sites with electronic readerboards shall be permitted to have promotional activity signs displayed a maximum of fifteen (15) days per calendar year. G. Vehicle sales businesses on Beach Boulevard shall be exempt from these limitations on promotional activity signs provided they comply with the following: 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. 2. Automobile dealerships on Beach Boulevard shall be permitted to display flags,pennants, banners and car-top signs throughout the year. 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. 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. ord/04 zoning/chap 233/4/5/04 18 B. A planned sign program may include more than one freestanding si per parcel or other deviations from the standards of this chapter, provided that t total sign area does not exceed&,area otherwise permitted by Section 233.06 more'than 10 percent, or by 30% for multiple automobile franchises occu ng the same lot, and commercial businesses with 50,000 square feet or more o floor area. In approving a planned sign program,the Director shall find: 1. That the proposed signs are compatible with the,sty or character of existing improvements on the site and are well related to e h other,reflecting a common theme and design style. C. The Director may require any reasonable condition necessary to carry out the intent of the planned sign program. For develop nts with existing signs, a schedule or phasing plan for bringing such signs into conformance with the planned sign program shall be submitted and become p of the approval. A cash bond may be required to guarantee their modification or'emoval. 233.22 Miscellaneous Signs and Provisions A. Signs within the Downtown Specific P n or any other specific plan area shall comply with any additional requirem is outlined within the plan itself and any applicable design guidelines. B. Non-commercial murals, non-co ercial large graphic designs, and statuary shall be subject to review by the Dire or for the sole purpose of ensuring that such displays will not pose a hazard public health, safety or welfare. C. No window or contiguous w' dow panes shall be covered by paper or painting signs which exceed 20 perc nt of the total area of that window at any time. Exception: Windows may e covered up to 50%during the month of December. 233.24 Nonconforming Sig s A. Continuation of U . Any nonconforming on-site sign may be maintained after the effective date of t e ordinance codified in this title, provided that the nonconforming gn is not: 1. Change to another nonconforming sign; or 2. Struc rally altered so as to extend its useful life; or 3. Ex tided or altered as defined in Section 233.28, except that a change of si panel/face may be permitted provided the items of information on the s' n (i.e., business name) remain the same; or 4. eestablished after discontinuance for ninety(90) days or more; or 5. Reestablished after damage or destruction of more than fifty percent (50%) of the sign value at the time of such damage or destruction. B. igns 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. ord/04 zoning/chap 233/4/5/04 19 233.26 Code Compliance Signs shall be subject to the provisions of this chapter,the Uniform Building Code and National Electric Code, as adopted by the,City. 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. 233.28 Definitions The following definitions shall apply to the provisions in this Chapter. General definitions are contained in Chapter 203. A. Abandoned Sign: a sign which no longer directs, advertises or identifies a legal business establishment, product or activity on the premises where such sign is displayed. B. Alteration: any change of copy, sign face, color, size, shape, illumination, position, location, construction, or supporting structure of any sign. 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. D. Area of Sian: 1. The area included within the outer dimensions of a sign (excluding structural supports). 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. 3. For illuminated awning or canopy signs, sign area shall be calculated around the sign copy only. 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. SIGN AREA SIGN AREA E. Awning: a shelter supported entirely from the exterior wall of a building and composed of non-rigid materials except for the supporting framework. ord/04 zoning/chap 233/4/5/04 20 F. Awning Sign: a sign painted on, printed on,or attached flat against th surface of an awning. G. Banner sign: a temporary sign composed of fabric or flexible erial with no enclosing frame. H. Bonus Sign: an internally illuminated freestanding sign de 'gned with opaque sign faces/panels, and illumination for items of information o y. I. Business Identification Sign: a sign which serves to i ntify only the name and address of the premises, business, building or portio of building upon which it is located and includes no other advertising such as duct lists,phone numbers and hours of operation. Logos may also be permitted J. Building Frontage: the linear extent of a buildi g or business which has frontage on either a street or parking area. Only one side the building facing the street or parking area shall be used to determine the aximum sign area. K. Cano : a permanent roof-like structure hich extends along and projects beyond the wall of a building, or is freestandin s common in service stations, and is generally designed and constructed to rovide protection from the weather. L. Changeable Copy Sign: a sign or po ion thereof with characters, letters or illustrations that can be changed ually or electrically without altering the face or surface of the sign. M. Channel letters: individual left s or figures, illuminated or non-illuminated, affixed to a building or freestanding gn structure. N. Construction Sign: a temp ary sign identifying the persons, firms or businesses directly connected with a onstruction or development project and may include the name of the future site o cupant. O. Directional Sign: an o -premise incidental sign designed to guide or direct pedestrian or vehicu r traffic. P. Electronic Reader oard: a changeable message sign consisting of a matrix of lamps which are compu er controlled. Q. Ex osed Neon neon tubing used for lighting in signs and other building identification uch as raceways and accent lighting. R. Ex osed R cewa : visible tube or box behind a wall sign used to house electrical wiring for he wall sign. S. Flashin Si n: an illuminated sign which contains an intermittent or sequential flaTstandin&5igp: light source or any other such means to attract attention. This definition is nonded to include "changeable copy signs" or "animated signs." T. Fr a sign permanently attached to the ground and which does not h ve a building as its primary structural support. This includes ground signs, pole igns and monument signs. 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. ord/04 zoning/chap 233/4/5/04 21 V. Ground Sign: see Freestanding Sign. 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. 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. Y. Indirect Illumination: a light cast on the surface of a sign from an'exterior source. Z. Industrial Center: any site containing three (3)or more industrial activities. AA. Integrated Development: a development or site comprised of one or more parcels served by common access ways, driveways, parking and landscaping. BB. Interior illumination: any sign face which is artificially lit from the inside. CC. Item of information: each word, design, symbol, or figure. 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. EE. Logo: a trademark or company name symbol. FF. Marquee: see Canopy. GG. Mansard: a sloped roof or roof-like facade. HH. Monument Sign: a free standing sign with a solid base. lI. Moving Sign: any sign or device which has any visible moving part, visible revolving part, or visible mechanical movement. JJ. Name Plate Sipn: an attached sign which designates the names and/or address of a business, and/or the words "entrance" or "exit." KK. Nonconforming Sign: a sign which was erected legally but does not comply with current sign provisions. LL. Off-Site Sign: 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. MM. On-Site Sign: a sign which pertains to the use(s) of the site on which it is located. 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. ord/04 zoning/chap 233/4/5/04 22 00. Planned Sign Program: City approved entitlement which incorpora s coordinated and quality sign design elements. PP. Point of Purchase Display: advertising of a retail item accom ying its display, e.g., an advertisement on a product dispenser. QQ. Pole Sign: see Freestanding Sign. RR. Political Sign: a sign identifying either a candidate f public office or an issue relating to a forthcoming election. SS. Portable Sign: any.sign not permanently attache to the ground or a building. TT. Projecting Sign: a sign which is attached to d projects from the wall of the building more than 18 inches and which ha its display surface perpendicular to such wall, to the structure to which it is a ched. UU. Promotional Activity Sign: a tempora sign used to advertise a short term special activity or sale, i.e., grand opening, u der new ownership, fall sale, etc. W. Public Access Signage: signage th directs the general public to the coast or sea and/or public amenities availabl or general public use. WW. Public Service Information Si : any sign intended primarily to promote items of general interest to the comm nity such as time, temperature, date, atmospheric conditions, news or traffic ntrol, etc. X.X. Real Estate Sign: any to porary sign indicating that the premises on which the sign is located is for sale, le a or rent. YY. Roof Sign: an attach sign constructed upon or over a roof, or placed so as to extend above the vi ble roofline; or a freestanding sign which is greater in height than the building i serves to identify. ZZ. Rotating Sign: a y sign or portion thereof which physically revolves about an axis. AAA. Sign: any in ium for visual communication, including its structure and component parts, whic is used or intended to be used to attract attention. BBB. Si n Hei t: measurement from the adjacent sidewalk or curb to the highest portion of the si n, including architectural elements. CCC. Sin ode Exception: City approved entitlement granting a deviation to the spec' cations set forth in this chapter. DDD. Si Co : any words, letters, numbers, figures, designs or other symbolic r resentation incorporated into a sign for the purpose of attracting attention. 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. ord/04 zoning/chap 233/4/5/04 23 FFF. Site Frontage: the length of a lot or parcel of land along or fronting a street. GGG. Special Events Sign: a temporary sign advertising or pertaining td any civic, patriotic, or special event of a general public interest taking place within the city. HHH. Subdivision Directional Sign: a sign providing direction to a land development i project pursuant to this chapter. III. Supergraphic: a painted design which covers an area greater than ten percent of a wall, building facade, or other structure. Mi. Temporary Sign: a sign which is installed for a limited time and is not constructed or intended for long-term use. 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. 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. 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. To remain clear X � 10' � 25' �............. 10' .............. .............. ............... 25' a \ Min. Driveway a 10' ff— o wide 4) landscape area d o d L a — Sign Type Setback Pole 40' DIAGRAM A X Monument Subject to Director review G:1DN9DRAW%233-DIAA BMP ord/04 zoning/chap 233/4/5/04 24 a i.--x-� I i I y 1 1 lb -T m6SG -'E I W I I , 1 I i 1 1 y I I 1 I I I a 70% Le' sehold -Max.Width DIAGRAM B b 75% Fascia - Max. Height x Equal Dimensions y Equal Dimensions GADI ODRAW 123J-0IAB.B MP SECTION 2. This ordinance shal become effective 30 days after its adoption. PASSED AND ADOPTED by e City Council of the City of Huntington Beach at a regular meeting thereof held on the day of 12004. Mayor ATTEST: AP ROVED AS TO FORM: c City Clerk City Attorney "-Li1sloq REVIEWED AND PROVED: INITIATED AND APPROVED: City Ad mi rator fV Director of Planning I ord/04 zoning/chap 233/4/5/04 25 March 16, 2004 LEGISLATIVE DRAFT C) Chapter 233 Signs (3334-6/97,3360-12/97,3527-2/02) 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 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. (3360-12/97,3527-2/02) 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) Huntington Beach Zoning and Subdivision Ordinance Chapter 233 233-1 2/02 March 16, 2004 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 4-0 20% 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: (3527- 2/02) 1. Name of applicant. (3527-2/02) 2. Location of planned development or use, including address. (3527-2/02) 3. Nature of the proposed development shall be fully disclosed in the notice. (3527-2/02) 4. Planning Department phone number and address of City Hall shall be provided in the notice to call for viewing plans. (3527-2/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 233 233-2 2/02 March 16, 2004 5. The date by which any comments must be received in writing by the Planning Department. (3527-2/02) 6. Planning Director shall receive entire list including name and address of those receiving the mailing. (3527-2/02) The Design Review Board shall review and render a recommendation to the Director for sign code exception requests of more than 4-0 20% 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: (3334-6/97,3360-12/97,3527-2/02)) 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. (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 paneUface. (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) Huntington Beach Zoning and Subdivision Ordinance Chapter 233 233-3 2/02 March 16, 2004 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: (3360-12/97,3527-2/02) 1. Electronic Readerboard Signs. (3360-12/97,3527-2/02) 2. Signs on properties within the following areas: (3360-12/97,3527-2/02) a. Redevelopment project areas; (3360-12/97,3527-2/02) b. Areas subject to specific plans which do not include design guidelines for signs; (3360-12/97,3527-2/02) s. Afe-as within 500 feet ofPS (Publie cemipublie) distr-ietR:,—{aa69-42w-, 3527-2/02) dc. OS-PR(Open Space-Parks and Recreation) and OS-S (Open Space- Shoreline districts); and (3360-12/97) e-d. 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 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 signage. (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 community. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 233 233-4 2/02 March 16, 2004 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 ]Oft. 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 +l 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) l. Bonus sins(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 l. 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. Huntington Beach Zoning and Subdivision Ordinance Chapter 233 233-5 12/97 March 16, 2004 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 sq. background and internal illumination for floor ft.Max.total=200 items of information only or shall be of sq.ft.* channel letter design. Signs for second floor businesses Business 50,000+sq. 3. Multi-business consolidated wall signs with exterior 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.or 4. Placement shall conform to Diagram B. Program 1.5 sq.ft.per linear ft.of the wall upon 5. One nameplate may be placed at each which it is placed. door,loading dock,or other entrance facing a public street;max.6 sq.ft. Channel letter signs: 15%bonus after 6. Signs on projecting canopies/awnings shall above calculation. be considered wall signs. 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 Vs One per site 30%of See A.1. To be combined with Convention Facility allowable Vs Freestandin S� ims permitted sign. area (a-d)above Live Entertainment Vs One per site 30%of See A.1. To be combined with allowable Vs Freestanding Signs permitted sign. area a-d above Tenant Directory Fs 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 f/s or One per drive- 10 sq.ft. 7 ft. May be in addition to permitted wall thru lane sign. Electronic Readerboards (See Sections 233.12 and 233.14 for specifications) Huntington Beach Zoning and Subdivision Ordinance Chapter 233 233-6 12/97 March 16, 2004 B. INDUSTRIAL DISTRICTS 1. FREESTANDING SIGNS MAXIMUM MAXIMUM MAXIMUM SIGN SITE CRITERIA NUMBER SIGN AREA HEIGHT OTHER STANDARDS Industrial/Mixed One business Under 1 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 Businesses One per street Under 1 acre: 10 ft. 1.Multi-tenant panels are permitted provided with Frontages on frontage 32 sq.ft. the panels are minimum 10 inches in Gothard Street height with minimum 6 inch high letters. Industrial centers They shall be restricted to one uniform over 1 acre: background color and two colors for the 50 sq.ft. 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 eeneric 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. Huntington Beach Zoning and Subdivision Ordinance Chapter 233 233-7 12/97 March 16, 2004 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 pennitted when Max. 100 sq.ft.per unable to place electrical components business for all wall within wall/parapet. signs. C. RESIDENTIAL MAXIMUM SITE MAXIMUM MAXIMUM SIGN CRITERIA TYPE NUMBER SIGN AREA HEIGHT OTHER STANDARDS Neighborhood Vs 1 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 landscaped sq.ft. 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. Vacancy Sims wall One per street 6 sq.ft. Below roofline 1.Copy limited to"vacancy,"type of for Multi-family frontage unit available,and source of Developments information. Huntington Beach Zoning and Subdivision Ordinance March 16, 2004 Chapter 233 233-8 12/97 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 Vs One per site 32 sq.ft. 7 ft. 1.Freestanding signs shall be completely located within a AND landscaped planter. wall 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 Vs One per site 30%of 7 ft. To be combined with permitted sign. Copy allowable Vs area wall One per site May be in addition to permitted sign. 10 sq.ft. Huntington Beach Zoning and Subdivision Ordinance Chapter 233 233-9 12/97 March 16, 2004 E. SERVICE STATIONS MAXIMUM SITE MAXIMUM MAXIMUM SIGN CRITERIA TYPE NUMBER SIGN AREA HEIGHT OTHER STANDARDS Business f/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 copy of 2 feet wider than the sign itself. panels for pricing. 3.Signs shall be monument type. OR 4.All freestanding signs shall have the address included on the sign. Alternative B: 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. and/or 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 f/s 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 with available. Alternative A sign 2.Freestanding signs shall be completely located within a Price signs shall landscaped planter. be located a minimum 15 ft. from other freestanding signs. Huntington Beach Zoning and Subdivision Ordinance Chapter 233 233-10 12197 March 16, 2004 E. SERVICE STATIONS (CONTINUED) MAXIMUM SITE MAXIMUM MAXIMUM SIGN CRITERIA TYPE NUMBER SIGN AREA HEIGHT OTHER STANDARDS Puma attached One per canopy 2 sq.ft. ]Oft. 1.No other signs shall be permitted Instructions or to pump column on the canopy or column except as Identification island 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 foot Shall be placed 1.Such sign shall be in addition to Identification for building of bldg.height within top 25 ft. that which is permitted elsewhere Buildings Over frontage 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 Activity Signs (See Section 233.18 for specifications) Real Estate 1.Real estate signs shall be removed inunediately after sale or lease, -Residential One per site 8 sq.ft. 6 ft. which shall be defined as the close Districts of escrow. Fs -Commercial One per site 20 sq.ft. 10 ft. 2.Signs 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 Huntington Beach Zoning and Subdivision Ordinance March 16, 2004 Chapter 233 233-11 12/97 F. PERMITTED IN ALL DISTRICTS (CONTINUED) MAXIMUM SITE MAXIMUM MAXIMUM SIGN CRITERIA TYPE NUMBER SIGN AREA HEIGHT OTHER STANDARDS Open House Ps One Sign 6 sq.ft. 4 ft. 1.Open house signs and flags may be Sims and Real 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 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 construction. 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) Huntington Beach Zoning and Subdivision Ordinance Chapter 233 233-12 12/97 March 16, 2004 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. (3334-6197) 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 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). (3334-6197,3360-12/97) 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) Huntington Beach Zoning and Subdivision Ordinance Chapter 233 233-13 12/97 March 16, 2004 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) 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 Electronic readerboards may be permitted subject to the review by the Design Review Board, and approval of a conditional use permit by the Planning Commissien Zoning Administrator. (3334-6/97,3360-12/97) Huntington Beach Zoning and Subdivision Ordinance March 16, 2004 Chapter 233 233-14 12/97 A. Required Findings: Prior to approving a conditional use permit to allow an electronic readerboard sign, the Planning G,,,Y4n4issiefi Zoning Administrator 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) 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) Huntington Beach Zoning and Subdivision Ordinance March 16, 2004 Chapter 233 233-15 12/97 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) 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 Off-site electronic readerboard signs may be permitted subject to the conditional use permit approval by the Plaoning Gammission Zoning Administrator. 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) Huntington Beach Zoning and Subdivision Ordinance March 16, 2004 Chapter 233 233-16 12/97 C. Li htinia 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 1000 lumens 125 130 145 170 250 370 490 (3334-6/97,3360- 12/97) MAXIMUM NIGHT TIME ILLUMINANCE Land Use at Receptor Site Residential Commercial Other Maximum Illuminance foot-candles 0.3 2.0 1.0 (3334-6/97) 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 shall 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) Huntington Beach Zoning and Subdivision Ordinance March 16, 2004 Chapter 233 233-17 12/97 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 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. 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) Huntington Beach Zoning and Subdivision Ordinance March 16, 2004 Chapter 233 233-18 12/97 233.18 Promotional Activity Signs 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 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: (3334-6197, 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 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. (3334-6/97,3360-12/97,3527-2/02) Huntington Beach Zoning and Subdivision Ordinance March 16, 2004 Chapter 233 233-19 2/02 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) 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 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) Huntington Beach Zoning and Subdivision Ordinance March 16, 2004 Chapter 233 233-20 12/97 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 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) 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 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 The following definitions shall apply to the provisions in this Chapter. General definitions are contained in Chapter 203. (3334-6/97) A. Abandoned Sign: 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) Huntington Beach Zoning and Subdivision Ordinance March 16, 2004 Chapter 233 233-21 12/97 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) SIGN AREA SIGN AREA E. Awning: 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 Fg rontage: 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) Huntington Beach Zoning and Subdivision Ordinance Chapter 233 233-22 12/97 March 16, 2004 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 Sign: 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 Racewax: visible tube or box behind a wall sign used to house electrical wiring for the wall sign. (3360-12/97) 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_Sijzn: 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) Huntington Beach Zoning and Subdivision Ordinance Chapter 233 233-23 12/97 March 16, 2004 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) LL. Off-Site Sign: 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 Sign 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 Sign: a sign identifying either a candidate for public office or an issue relating to a forthcoming election. (3334-6/97) SS. Portable Sign: any sign not permanently attached to the ground or a building. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 233 233-24 12/97 March 16, 2004 TT. Projecting Sign: 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. (3334-6197) 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 Sig_nag_e: 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 Siizn: 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. Sign: 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) BBB. Si_n Height: measurement from the adjacent sidewalk or curb to the highest portion of the sign, including architectural elements. (3360-12/97) 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 Frontap-e: 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) Huntington Beach Zoning and Subdivision Ordinance Chapter 233 233-25 12/97 March 16, 2004 III. Superg_raphic: a painted design which covers an area greater than ten percent of a wall, building facade, or other structure. (3334-6/97) Mi. Temporary 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 Sip-n: 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) Huntington Beach Zoning and Subdivision Ordinance Chapter 233 233-26 12/97 March 16, 2004 To remain clear — �� 10' �25'—� .. ............. 10' .............. ..... ....... ............... a \ I 25' Min. Driveway a \ 10' o wide landscape area L as o m L a - Sign Type Setback Pole 40' DIAGRAM A xMonument Subject to Director review G:1DIV9DRAW M3-D IAA.BM P I� x a I� x I I I I I I ' I I I �y b I I I I I y I I a 70% Le sehold - Max.Width DIAGRAM B b 75% Fascia - Max. Height x Equal Dimensions y Equal Dimensions G:1D I V9 D R AW 1233-D I AB.B M P Huntington Beach Zoning and Subdivision Ordinance Chapter 233 233-27 12/97 ORDINANCE NO. 3647 AN ORDINANCE OF THE CITY OF HUNTING/ordain AMENDING CHAPTER 244 OF THE HUNTING ZONING AND SUBDIVISION ORDINANCE DESIGN REVIEW The City Council of the City of Huntington Beach does llows: SECTION 1. Chapter 244 of the Huntington Beach Zon Ordinance is hereby amended to read as follows: V'P"'i '� .�-y`^3, ;z�• y ��a- ters2 4� 2 ��es �'"+-,rwc�'rx,_.as:F�-.;.^a�4 �;�s,..¢? ...b.,�'a ;,:��ale:,�'t�,r?,.:az.�?.-s ,i >,c. -.^#�; vszxYC:, .»�i^�4x;-.'.as'Ytw.,.`.sx%u,,•r,'y;,.:�� - Sections: 244.02 Applicability 244.04 Duties of the Design eview Board 244.06 Scope of Review 244.08 Required Plans an Materials 244.02 Applicability Design review is required for proje is in redevelopment areas, and applicable specific plans areas designated by the City Cou il, and for projects abutting or adjoining PS districts. 244.04 Duties of the D sign Review Board The Design Review Board s all assist the Director, Planning Commission and Zoning Administrator in reviewing evelopment plans and architectural drawings within designated geographic areas of the Ci and to undertake such other review and approval as provided by this code. A. Or aniz tion. The Board shall consist of five members appointed by and respon ble to the City Council. The membership shall consist of the follow ng: 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. 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. ord/04zonint/chap 244/4/5/04 1 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 member shall be appointed in 1994 for a two year term, and each fourth year thereafter. No At-large member shall serve more than two (2) consecutive terms, except that the current At-large member may be appointed for the two year term mentioned herein. At-large members may serve until their respective successors and appointed and qualified. An At-large member may be removed prior to the expiration of his/her term by a motion adopted by the City Council. 2. Planning.Commission Member. The term of the Planning Commission member shall expire when such member ceases to be a member of the Planning Commission. A Planning Commission member may be removed prior to the expiration of his/her term by a motion adopted by the Planning Commission. Members may serve until their respective successors are appointed and qualified. C. Powers and Duties. It shall be the duty of the Board to review sketches, layouts, site plans, structural plans, signs, and architectural drawings in connection with any matter before the Board. The Board shall have authority to confer with the applicant or property owner concerning modifications of the proposal, or conditions necessary to approval, and may approve,disapprove, or conditionally approve the proposal. The Board may recommend any matter before them to the discretionary body for consideration of the project. 244.06 Scope of Review A. In making its determination, the Board shall review and consider 1. The arrangement and relationship of proposed structures and signs to one another and to other developments in the vicinity; 2. Whether that relationship is harmonious and based on good standards of architectural design; 3. The compatibility in scale and aesthetic treatment of proposed structures with public district areas; 4. The adequacy of proposed landscaping, parking spaces, driveways, potential on-site and off-site parking and traffic impacts and other potential impacts upon the environment; 5. Elements of design affecting the performance characteristics of the proposed development; and 6. Whether energy conservation measures have been proposed and the adequacy of such measures, including, but not limited to, the use of active and passive solar energy systems. ord/04zoninC/chap 244/4/5/04 2 I B. The Board may impose and/or recommend any conditions eemed reasonable and necessary to the approval of the proposed developm t plan. 244.08 Required Plans and Materials Plans and materials to fully describe and explain the proposed evelopment shall be submitted as required by the application form or by the Direc r, as deemed necessary. 244.09 Time Limit; Transferability,Discontinuance, A. Time Limit. A Design Review Board ecommendation shall become null and void one year after its date of Director proval. If the initial application is in association with another discretionary, ermit said permit shall become null and void one year after the final action o the hearing body. SECTION 2. This ordinance shall beco effective 30 days after its adoption. PASSED AND ADOPTED by the Cit Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2004. Mayor ATTEST: APPROVED AS TO FORM: City Clerk 4�2C�A�At.torney REVIEWED AND APPROV D: INITIATED AND APPROVED: "I City Ad nistrator Director of Planning /L.- ord/04zonine/chap 244/4/5/04 3 March 16,2004 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, and applicable specific plans areas designated by the City Council, and for projects abutting or adjoining PS districts. 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 , 4 City Council. 2. One (1) current Planning Commissioner chosen by the Planning t 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 Chapter 244 244-1 10/3/94 appointed in 1994, and each fourth year thereafter. One At-large member shall be appointed in 1994 for a two year term, and each fourth year thereafter. No At-large member shall serve more than two (2) consecutive terms, except that the current At-large member may be appointed for the two year term mentioned herein. At-large members may serve until their respective successors and appointed and qualified. An At-large member may be removed prior to the expiration of his/her term by a motion adopted by the City Council. 2. Planning Commission Member. The term of the Planning Commission member shall expire when such member ceases to be a member of the Planning Commission. A Planning Commission member may be removed prior to the expiration of his/her term by a motion adopted by the Planning Commission. Members may serve until their respective successors are appointed and qualified. C. Powers and Duties. It shall be the duty of the Board to review sketches, layouts, site plans, structural plans, signs, and architectural drawings in connection with any matter before the Board. The Board shall have authority to confer with the applicant or property owner concerning modifications of the proposal, or conditions necessary to approval, and may approve, disapprove, or conditionally approve the proposal. The Board may recommend any matter before them to the discretionary body for consideration of the project. 244.06 Scope of Review A. In making its determination, the Board shall review and consider 1. The arrangement and relationship of proposed structures and signs to one another and to other developments in the vicinity; 2. Whether that relationship is harmonious and based on good standards of architectural design; 3. The compatibility in scale and aesthetic treatment of proposed structures with public district areas; 4. The adequacy of proposed landscaping, parking spaces, driveways, potential on-site and off-site parking and traffic impacts and other potential impacts upon the environment; 5. Elements of design affecting the performance characteristics of the proposed development; and 6. Whether energy conservation measures have been proposed and the adequacy of such measures, including, but not limited to, the use of active and passive solar energy systems. B. The Board may impose and/or recommend any conditions deemed reasonable and necessary to the approval of the proposed development plan. Chapter 244 244-2 10/3/94 244.08 Required Plans and Materials Plans and materials to fully describe and explain the proposed development shall be submitted as required by the application form or by the Director, as deemed necessary. 244.09 Time Limit; Transferability, Discontinuance, A. Time Limit. A Design Review Board recommendation shall become nu and void one year after its date of Director approval. If the initial application is in association with another discretionary permit said permit shall become null and void one year after the final action of the hearing body. Chapter 244 244-3 10/3/94 ORDINANCE NO. 3648 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 236 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE ENTITLED NONCONFORMING USES AND STRUCTURES The City Council of the City of Huntington Beach does hereby ordain ollows: SECTION 1. Chapter 236 of the Huntington Beach Zoning and S division Ordinance is hereby amended to read as follows: ,� ",za"�..�'.�;':s;'s>:�,=, ,scon= Sections: 236.02 General Provisions. 236.04 Destruction of a Nonconforming tructure or Use. 236.06 Alterations to a Nonconformin Structure or Use. 236.08 Sex Oriented Businesses. 236.02 General Provisions A. A nonconforming structure or se shall not be enlarged, increased or intensified except as provided in this ch ter. If any such use ceases, the subsequent use of such land, structure or build' g site shall be in conformance with the regulations specified by this code. B. A nonconforming use s 11 not be resumed, reestablished, or reopened after it has been abandoned, disco tinued or changed to a conforming use. C. A nonconforming u e shall be deemed to be discontinued or abandoned when such use has cease to operate or to exist for a period of six (6)months. D. A nonconformi use which is not housed in any structure, but occupies a lot or portion of a to shall not be enlarged or extended to any other portion of the lot or any other lot of so occupied at the time the use became classified as nonconfo ng. E. A nonco orming use occupying either a conforming structure or nonconforming structur or portion thereof shall not be extended to any portion of the structure not so ccupied at the time the use became nonconforming. 236.04 De truction of a Nonconforming Structure or Use These provisio s shall govern reconstruction of the nonconforming structures and/or uses listed below after s h structure or use is destroyed by fire, explosion, act of nature or act of the public enemy by t percentage of value specified. A. Nonconforming structures and nonconforming uses destroyed 50% or less of the value prior to damage may be completely rebuilt.. ord/04zoning/chap 236/4/5/04 1 B. Nonconforming residential uses consisting of 10 or less units destroyed more than 50% of the value may be completely rebuilt. 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. 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: 1. All aspects of the existing structure and the proposed addition are made to conform to applicable provisions of this Code, or 2. The Director permits such alteration subject to Neighborhood Notification pursuant to Chapter 241 and 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 Director approval and Neighborhood Notification pursuant to Chapter 241. 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. 236.08 Sex Oriented Businesses 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 a convincing showing by the applicant of extreme financial hardship which is defined as the recovery of the initial financial investment in the nonconforming ord/04zoning/chap 236/4/5/04 2 use,unless sooner terminated for any reason or voluntarily discontinue or a period of thirty(30) days or more. Such nonconforming uses shall n be increased, enlarged, extended or altered except that the use may be anged-to a conforming use. If two (2) or more sex oriented businesses are i ih 750 feet of one another and`otherwise in a permissible location, the sex on ted business which was first established and continually operating at the p icular location is the conforming use and the later established business(es) is onconforming. B. A sex oriented business lawfully operating as conformi use is not rendered a nonconforming use by the location, subsequent to the ant of a sex oriented business zoning permit, of a building used for religi s assembly, school, park and recreational facility or any property zoned RL, , RMH, RH, RMP, and any properties with equivalent designations under an specific plan within five hundred feet(500')of the sex oriented business C. Any application for a building permit to ope to a sex oriented business in a location that is in violation of Section 212. 4 that is filed prior to, but approved after the effective date of Ordinance No. 78 shall be deemed a nonconforming use pursuant to Section A. Any such b ' ding permit shall be in effect subject to the applicable zoning regulations in of ect prior to the effective date of Ordinance No. 3378. SECTION 2. This ordinance shall beco e effective 30 days after its adoption. PASSED AND ADOPTED by the Ci Council of the City of Huntington Beach at a regular meeting thereof held on the ay of , 2004. Mayor ATTEST: APPROVED AS TO FORM: City Clerk C City Attorney REVIEWED AND APPRO ED: INITIATED AND APPROVED: City Administrator Director of Planning ord/04zoning/chap 236/4/5/04 3 March 16,2004 l�Q LEGISLATIVE DRAFT Chapter 236 Nonconforming Uses and Structures (3254-10/94,3378-2/98,3528A-2/02) 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 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 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) Huntington Beach Zoning and Subdivision Ordinance Chapter 236 236-1 2/02 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 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 Director permits such alteration subject to Neighborhood otification pursuant to Chapter 241 and the following findings: (3254-10/94,3528A-2/02) 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 Director approval and Neighborhood Notification pursuant to Chapter 241 use ..:nit by the r7,,nifi. n dmiaistf to-. (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. (3254-10194) Huntington Beach Zoning and Subdivision Ordinance Chapter 236 236-2 2/02 236.08 Sex Oriented Businesses 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 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) Huntington Beach Zoning and Subdivision Ordinance Chapter 236 236-3 2/98 ORDINANCE NO. 3649 AN ORDINANCE OF THE CITY OF HUN/END AMENDING CHAPTER 250 OF THE HUNCH ZONING AND SUBDIVISION ORDINA GENERAL PROVISION The City Council of the City of Huntington Beach doe follows: SECTION 1. Chapter 250 of the Huntington Beach Zision Ordinance is hereby amended to read as follows: {•. i :-,,, :,' .'"i",•ate-.:X...,> >._ ;„, _ ... ,,_.R,rx<. ..? .. a =250 =GenexalProrsions= aapt -- .,,._s t;��ad*r' x,t-- '-:.�-,. .«..;, '>,: bs - str-=_—=.o -,zt,3- -3,1"'q' az?�,•`'-'r,". - '"2,::�r...,.,.ra+r=-sri mi`�raway"�:yd- -:beta Sections: 250.02 Citation and Authority 250.04 Consistency 250.06 Applicability 250.08 Exceptions 250.10 Definitions 250.12 Responsibilities 250.14 Map Requirem is 250.16' Fees and Dep its 250.02 Citation and Authori This Title is adopted pursuant to apter XI, Section 7 of the California Constitution and to supplement and implement the S bdivision Map Act, Section 66410 et seq. of the Government Code. This title may be cited a the Subdivision Ordinance of the City of Huntington Beach. 250.04 Consistency No land shall be subdivide and developed for any purpose that is inconsistent with the Huntington Beach Gener Plan, the Local Coastal Program for development within the coastal zone, or any applicable s ecific plan of the City or that is not permitted by Titles 20-24, Zoning, or other applicable prow sions of this Code. The type and intensit of land use as shown on the General Plan, and Local Coastal Program for land within the coal 1 zone, and any applicable specific plan shall determine, together with the requirements of th Subdivision Map Act and this Title, the type of streets, roads, highways, utilities, and other public services that the subdivider shall provide. 250.06 A plicability The provisio s set forth in this Title shall apply to all or parts of subdivisions within the City and to the p eparation of subdivision maps and to other maps provided for by the Subdivision Map Act d this Title after the effective date of this Title. All subdivisions and any part thereof lying wi in the City shall be made and all subdivision maps shall be prepared and presented for approv as provided for in this chapter. All subdivisions and lot line adjustments located within the coastal zone that meet the definition of development as defined in Section 245.04(J) shall require approval of a coastal development permit. ord/04zoning/chap 250/4/5/04 1 250.08 Exceptions This chapter shall not apply to the items listed in Sections 66412, 66412.1, 66412.2 and 66412.5 of the Subdivision Map Act. However subject to the provisions of Section 66412(d)of the Subdivision Map Act, a lot line adjustment between two or more existing adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created, provided that, the lot line adjustment is approved pursuant to Section 250.16B. 250.10 Definitions For the purposes of this Title, unless otherwise apparent from the context, certain words and phrases used in this Title are defined in this section as set forth below. All definitions provided in Chapters 1.04, 245.04, and 203 of the Municipal Code and all definitions provided in the Subdivision Map Act shall also be applicable to this Title and said definitions are hereby incorporated by this reference as though fully set forth herein. Access Rights. The right of abutting landowners or occupants to obtain access to an abutting public way. Acreage. Any parcel of land which is not a lot, as defined in this chapter, and those areas where a legal subdivision has not been made previously, or where a legal subdivision has declared such parcel as acreage. Block. The area of land within a subdivision, which area is entirely bounded by streets, highways or ways, except alleys, or the exterior boundary or boundaries of the subdivision. Certificate of Compliance. A valid authorization, issued by the City, stating that the subdivision of creation complies with City subdivision laws applicable at the time of creation or stating that the subdivision complies with the Subdivision Map Act and this Title. City En ig neer. The City Engineer of the City of Huntington Beach. Collector Street. A street, intermediate in importance between a local street and an arterial highway, which has the purpose of collecting local traffic and carrying it to an arterial highway. Conversion. The creation of separate ownership of existing real property together with a separate interest in space of residential, industrial or commercial buildings. Cul-de=Sac. A local street, one end of which is closed and consisting of a circular turnaround. Day. A calendar day unless otherwise specified. Department. The Community Development Department of the City of Huntington Beach. Department of Public Works. The Department of Public Works of the City of Huntington Beach. Director. The Director of the Community Development Department of the City of Huntington Beach. Easement. A grant of one or more property rights by the owner to the City, a public entity, public utility, or private party. Final Map. A map showing a subdivision of five or more parcels, prepared in accordance with the provisions of the Subdivision Map Act and this Title and designed to be placed on record in the office of the Orange County Recorder. ord/04zoning/chap 250/4/5/04 2 Lot Line Adjustment: A minor shift or rotation of an existing lot line wher a greater or lesser number of parcels than originally existed is not created. Merl. The joining of two or more contiguous parcels of land under ne ownership into one parcel. Parcel. A unit or portion of a unit of improved or unimproved la Parcel Map. A map showing a subdivision of four or fewer p els or a subdivision pursuant to the exceptions stated in Section 66426 of the Subdivision Ma Act prepared in accordance with the provisions of the Subdivision Map Act and this Title an designed to be placed on record in the office of the Orange County Recorder. Parkway. That area between the curb face and abutting roperty line. Person. Any individual, firm, co-partnership,joint ve ture, organization, corporation, estate, trust, receiver, syndicate, this City, and any other pu is agency. Private Street. Any street or accessway which is ivately held, maintained and utilized as access to a development. Remainder. That portion of an existing parcel hich is not divided for the purpose of sale, lease, or financing nor part of the subdivisio Scenic Easement. An easement dedicated the City that protects a view from a specific location or locations to a specific visual r ource by prohibiting or limiting development. Service Road. A street adjacent to and roviding access to an arterial highway. Standard Plans. Plans and engineeri drawings for public improvements as adopted by the Department of Public Works. Standard Enaineering, Specific tio s. Specifications for public improvements adopted by the Department of Public Works. Subdivision Committee. The S bdivision Committee of the City of Huntington Beach. Subdivision Map Act. The p ovisions of Division 2, Subdivisions of the California Government Code, relating to subdivisio of land and real property commencing with Section 66410. Tentative map. A map m e for the purpose of showing the design and improvements of a proposed subdivision and he existing conditions in and around it precedent to the approval of a final map. Tentative ma shall include a tentative parcel map, prepared pursuant to the provisions of this Title. Usable Parcel Area. at portion of a parcel which does not exceed a slope of 10 percent. Any portion of the parcel xceeding 10 percent shall, for the purpose of this Title, be considered slope and not usable parcel area. Vestiniz Tentative a . A tentative map for a residential subdivision that has, printed conspicuouslres1ponsibilities is face, the words "vesting tentative map" at the time it is filed with the City, and is proces accordance with the provisions of Chapter 252 of this Title. 250.12 A. City Attorney. The City Attorney's responsibilities shall include approving as to form all subdivision improvement agreements; covenants, codes, and restrictions; ord/04zoning/chap 250/4/5/04 j security, liability agreements and insurance; and all governing documents for a community apartment project, condominium, stock cooperative, or conversion. B. City Council. The City Council shall have final jurisdiction in the approval of final maps and improvement agreements and the acceptance by the City of land and/or improvements as may be proposed for dedication to the City for subdivisions of five-or more parcels. The City Council shall act as the appeal board for hearing appeals of all subdivision maps acted upon by the Planning Commission. C. Planning Commission. The Planning Commission's responsibilities shall include approving, conditionally approving, or denying the application for tentative map approval of subdivisions of ten or more parcels. The Planning Commission shall act as the appeal board for hearing appeals of tentative parcel maps and tentative maps for subdivisions of 9 or fewer parcels. D. Zoning Administrator. The Zoning Administrator's responsibilities shall include the processing and approval, conditional approval or denial of tentative map approval of subdivisions of or less parcels, tentative parcel maps and waivers of parcel map requirements, mergers and certificates of compliance. E. City En ineer. The City Engineer's responsibilities shall include: 1. Establishing design and construction details, standards and specifications. 2. Determining if proposed subdivision improvements comply with the provisions of the Subdivision Map Act and this Title. 3. The processing and certification of final maps, reversion to acreage maps, and amended maps and the processing and approval of subdivision improvement plans. 4. Examining and certifying that final maps are in substantial compliance with the approved tentative map. 5. Final jurisdiction in the approval of parcel maps and certification of lot line adjustments. 6. The inspection and approval of subdivision public improvements. 7. The acceptance of dedications and public improvements for subdivisions by parcel map, and off-site dedications lying outside a subdivision boundary which require a separate grant deed. 8. Collection of all required fees and deposits associated with final maps and parcel maps except park and recreation fees. F. Director. The Director's responsibilities shall include the processing of tentative maps and lot line adjustments. l. Determinations of violations of the provisions of the Subdivision Map Act or this Title. 2. The management of the Planning Division in carrying out the responsibilities imposed upon it by this Title. When necessary to carry out the Director's responsibilities hereunder, the Director may designate and authorize a representative to act on his or her behalf. ord/04zoning/chap 250/4/5/04 4 3. Collection of park and recreation fees and fees associated ith tentative maps. G. Subdivision Committee. The Subdivision Committee's res nsibilities shall include examining and determining that tentative and ves ' g tentative maps comply with the provisions of the Subdivision Map Act is Title,the Local Coastal Program for maps located within the coastal z e, and the City's General Plan, and recommending approval, disapproval, or c ditional approval of tentative or vesting tentative maps to the,Planning ommission or Zoning Administrator. The Subdivision Committee shall consist.of the ollowing members or their authorized representatives: 1. The Director who shall serve a chairperson and secretary; 2. The City Engineer; 3. The Fire Chief; and 4. Three members of the anning Commission. Representatives from other dep ments shall attend meetings when requested to do so by the Subdivision Com ttee. H. Coastal Commission. The C astal Commission shall have appeal jurisdiction over coastal development permit approved for all subdivisions and lot line adjustments located within the appealable area of the coastal zone that constitute development as defined in S/na 45. 4(J). 250.14 Map Require A. Tentative and A tentative and final map shall be required for all subdivisions cive or more parcels, five or more condominiums as defined in Section 783ivic Code, a community apartment project containing five or more parcel the conversion of a dwelling to a stock cooperative containing five dwelling units. Exceptions as stated in Section 66426 of the Subdivisioct shall comply with Subsection B. B. Tentative anda . A tentative and parcel map shall be required for all divisions of 1 d into four or fewer parcels and exceptions stated in Section 66426 of the Subdi ision Map Act. However parcel maps shall not be required for: 1. Sub ivisions of a portion of the operating right-of-way of a railroad co oration, which are created by short-term leases terminable by either pa y on not more than 30 days' notice in writing. 2. and 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; ord/04zoning/chap 250/4/5/04 5 1 I .. 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 i 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. 250.16 Fees and Deposits All persons submitting maps as required by this chapter shall pay all fees and/or deposits as provided by this Title and by the City Council resolution establishing applicable fees and charges. 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 day of 52004. Mayor ATTEST: APPROVED AS TO FORM: -KA-�rn c City Clerk Vs alo City Attorney W L (1�104 REVIEWED AND APPROVED: INITIATED AND APPROVED: City dministrator Director of Planning ord/04zoning/chap 250/4/5/04 6 March 16,2004 LEGISLATIVE DRAFT 104 - Chapter 250 General Provisions (3334-6/97,3530-2/02) Sections: 250.02 Citation and Authority 250.04 Consistency 250.06 Applicability 250.08 Exceptions 250.10 Definitions 250.12 Responsibilities 250.14 Map Requirements 250.16 Fees and Deposits 250.02 Citation and Authority This Title is adopted pursuant to Chapter X1, Section 7 of the California Constitution and to supplement and implement the Subdivision Map Act, Section 66410 et seq. of the Government Code. This title may be cited as the Subdivision Ordinance of the City of Huntington Beach. 250.04 Consistency No land shall be subdivided and developed for any purpose that is inconsistent with the Huntington Beach General Plan, the Local Coastal Program for development within the coastal zone, or any applicable specific plan of the City or that is not permitted by Titles 20- 24, Zoning, or other applicable provisions of this Code. (3334-6/97) The type and intensity of land use as shown on the General Plan, and Local Coastal Program for land within the coastal zone, and any applicable specific plan shall determine, together with the requirements of the Subdivision Map Act and this Title, the type of streets, roads, highways, utilities, and other public services that the subdivider shall provide. (3334-6/97) 250.06 Applicability The provisions set forth in this Title shall apply to all or parts of subdivisions within the City and to the preparation of subdivision maps and to other maps provided for by the Subdivision Map Act and this Title after the effective date of this Title. All subdivisions and any part thereof lying within the City shall be made and all subdivision maps shall be prepared and presented for approval as provided for in this chapter. All subdivisions and lot line adjustments located within the coastal zone that meet the definition of development as defined in Section 245.04(J) shall require approval of a coastal development permit. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 250 250-1 2/02 March 16,2004 250.08 Exceptions This chapter shall not apply to the items listed in Sections 66412, 66412.1, 66412.2 and 66412.5 of the Subdivision Map Act. However subject to the provisions of Section 66412(d) of the Subdivision Map Act, a lot line adjustment between two or more existing adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created, provided that, the lot line adjustment is approved pursuant to Section 250.16B. 250.10 Definitions For the purposes of this Title, unless otherwise apparent from the context, certain words and phrases used in this Title are defined in this section as set forth below. All definitions provided in Chapters 1.04, 245.04, and 203 of the Municipal Code and all definitions provided in the Subdivision Map Act shall also be applicable to this Title and said definitions are hereby incorporated by this reference as though fully set forth herein. Access Rights. The right of abutting landowners or occupants to obtain access to an abutting public way. Acreage. Any parcel of land which is not a lot, as defined in this chapter, and those areas where a legal subdivision has not been made previously, or where a legal subdivision has declared such parcel as acreage. Block. The area of land within a subdivision, which area is entirely bounded by streets, highways or ways, except alleys, or the exterior boundary or boundaries of the subdivision. Certificate of Compliance. A valid authorization, issued by the City, stating that the subdivision of creation complies with City subdivision laws applicable at the time of creation or stating that the subdivision complies with the Subdivision Map Act and this Title. City En ineer. The City Engineer of the City of Huntington Beach. Collector Street. A street, intermediate in importance between a local street and an arterial highway, which has the purpose of collecting local traffic and carrying it to an arterial highway. Conversion. The creation of separate ownership of existing real property together with a separate interest in space of residential, industrial or commercial buildings. Cul-de-Sac. A local street, one end of which is closed and consisting of a circular turnaround. Day. A calendar day unless otherwise specified. Department. The Community Development Department of the City of Huntington Beach. Department of Public Works. The Department of Public Works of the City of Huntington Beach. Director. The Director of the Community Development Department of the City of Huntington Beach. Huntington Beach Zoning and Subdivision Ordinance Chapter 250 250-2 6/97 March 16,2004 Easement. A grant of one or more property rights by the owner to the City, a public entity, public utility, or private party. Final Map. A map showing a subdivision of five or more parcels, prepared in accordance with the provisions of the Subdivision Map Act and this Title and designed to be placed on record in the office of the Orange County Recorder. Lot Line Adjustment. A minor shift or rotation of an existing lot line where a greater or lesser number of parcels than originally existed is not created. Merger. The joining of two or more contiguous parcels of land under one ownership into one parcel. Parcel. A unit or portion of a unit of improved or unimproved land. Parcel Map. A map showing a subdivision of four or fewer parcels or a subdivision pursuant to the exceptions stated in Section 66426 of the Subdivision Map Act prepared in accordance with the provisions of the Subdivision Map Act and this Title and designed to be placed on record in the office of the Orange County Recorder. Parkway. That area between the curb face and abutting property line. Person. Any individual, firm, co-partnership,joint venture, organization, corporation, estate, trust, receiver, syndicate, this City, and any other public agency. Private Street. Any street or accessway which is privately held, maintained and utilized as access to a development. Remainder. That portion of an existing parcel which is not divided for the purpose of sale, lease, or financing nor part of the subdivision. Scenic Easement. An easement dedicated to the City that protects a view from a specific location or locations to a specific visual resource by prohibiting or limiting development. Service Road. A street adjacent to and providing access to an arterial highway. Standard Plans. Plans and engineering drawings for public improvements as adopted by the Department of Public Works. Standard En ing eering Specifications. Specifications for public improvements adopted by the Department of Public Works. Subdivision Committee. The Subdivision Committee of the City of Huntington Beach. Subdivision Map Act. The provisions of Division 2, Subdivisions of the California Government Code, relating to subdivisions of land and real property commencing with Section 66410. Tentative map. A map made for the purpose of showing the design and improvements of a proposed subdivision and the existing conditions in and around it precedent to the approval of a final map. Tentative map shall include a tentative parcel map, prepared pursuant to the provisions of this Title. Huntington Beach Zoning and Subdivision Ordinance Chapter 250 250-3 6/97 March 16,2004 Usable Parcel Area. That portion of a parcel which does not exceed a slope of 10 percent. Any portion of the parcel exceeding 10 percent shall, for the purpose of this Title, be considered slope and not usable parcel area. Vesting Tentative Map. A tentative map for a residential subdivision that has, printed conspicuously on its face, the words "vesting tentative map" at the time it is filed with the City, and is processed in accordance with the provisions of Chapter 252 of this Title. (3334- 6/97) 250.12 Responsibilities A. City Attorney_. The City Attorney's responsibilities shall include approving as to form all subdivision improvement agreements; covenants, codes, and restrictions; security, liability agreements and insurance; and all governing documents for a community apartment project, condominium, stock cooperative, or conversion. B. City Council. The City Council shall have final jurisdiction in the approval of final maps and improvement agreements and the acceptance by the City of land and/or improvements as may be proposed for dedication to the City for subdivisions of five or more parcels. The City Council shall act as the appeal board for hearing appeals of all subdivision maps acted upon by the Planning Commission. C. Planning Commission. The Planning Commission's responsibilities shall include approving, conditionally approving, or denying the application for tentative map approval of subdivisions of ten or more parcels. The Planning Commission shall act as the appeal board for hearing appeals of tentative parcel maps and tentative maps for subdivisions of 9 or fewer parcels. D. Zoning Administrator. The Zoning Administrator's responsibilities shall include the processing and approval, conditional approval or denial of tentative map approval of subdivisions of or less parcels, tentative parcel maps and waivers of parcel map requirements, lot line adjustments, mergers and certificates of compliance. E. City Engineer. The City Engineer's responsibilities shall include: 1. Establishing design and construction details, standards and specifications. 2. Determining if proposed subdivision improvements comply with the provisions of the Subdivision Map Act and this Title. 3. The processing and certification of final maps, reversion to acreage maps, and amended maps and the processing and approval of subdivision improvement plans. 4. Examining and certifying that final maps are in substantial compliance with the approved tentative map. 5. Final jurisdiction in the approval of parcel maps and certification of lot line adjustments. Huntington Beach Zoning and Subdivision Ordinance Chapter 250 250-4 6/97 March 16,2004 6. The inspection and approval of subdivision public improvements. 7. The acceptance of dedications and public improvements for subdivisions by parcel map, and off-site dedications lying outside a subdivision boundary which require a separate grant deed. 8. Collection of all required fees and deposits associated with final maps and parcel maps except park and recreation fees. F. Director. The Director's responsibilities shall include the processing of tentative maps and lot line adjustments. 1. Determinations of violations of the provisions of the Subdivision Map Act or this Title. 2. The management of the Planning Division in carrying out the responsibilities imposed upon it by this Title. When necessary to carry out the Director's responsibilities hereunder, the Director may designate and authorize a representative to act on his or her behalf. 3. Collection of park and recreation fees and fees associated with tentative maps. G. Subdivision Committee. The Subdivision Committee's responsibilities shall include examining and determining that tentative and vesting tentative maps comply with the provisions of the Subdivision Map Act, this Title, the Local Coastal Program for maps located within the coastal zone, and the City's General Plan, and recommending approval, disapproval, or conditional approval of tentative or vesting tentative maps to the Planning Commission or Zoning Administrator. The Subdivision Committee shall consist of the following members or their authorized representatives: 1. The Director who shall serve as chairperson and secretary; 2. The City Engineer; 3. The Fire Chief, and 4. Three members of the Planning Commission. Representatives from other departments shall attend meetings when requested to do so by the Subdivision Committee. H. Coastal Commission. The Coastal Commission shall have appeal jurisdiction over coastal development permits approved for all subdivisions and lot line adjustments located within the appealable area of the coastal zone that constitute development as defined in Section 245.04(J). (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 250 250-5 6/97 March 16,2004 250.1.4 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 (3530-2/02) 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. Huntington Beach Zoning and Subdivision Ordinance Chapter 250 250-6 2/02 March 16,2004 250.16 Fees and Deposits All persons submitting maps as required by this chapter shall pay all fees and/or deposits as provided by this Title and by the City Council resolution establishing applicable fees and charges. Huntington Beach Zoning and Subdivision Ordinance Chapter 250 250-7 6/97 ORDINANCE NO. 3l0 S O AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE DOWNTOWN SPECIFIC PLAN OF THE CITY OF HUNTINGTON BEACH WHEREAS, the City Council of the City of Huntington Beach has pr iously adopted the Downtown Specific Plan; and Pursuant to the California State Planning and Zoning Law, the untington Beach Planning Commission and Huntington Beach City Council have held separate duly noticed public hearings relative to amending the Downtown Specific Plan, wherein both b ies have carefully considered all information presented at said hearings; and After due consideration of the findings and recomme ations of the Planning Commission and all other evidence presented, the City Council finds th the aforesaid amendment is proper and consistent with the General Plan, NOW, THEREFORE, the City Council of the ity of Huntington Beach does hereby ordain as follows: SECTION 1. The Downtown Specific P n is hereby amended as set forth in the Legislative Draft attached hereto as Exhibit A. SECTION 2. Except as specifically odified herein, all other sections of the Huntington Beach Downtown Specific Plan shall rema' in full force and effect. SECTION 3. This ordinance sh 1 become effective immediately upon certification by the California Coastal Commission. PASSED AND ADOPTED the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2004. Mayor ATTEST: APPROVED AS TO FORM: 'f � City Clerk City Attorney LtI�1�1�5I0�( REVIEWED AND A PROVED: INITIAT D AND APPROVED: City do i ator Director of Planning 04ord/downtown 4-0/4/5/04 EXHIBIT A 1 U m�u�ommm��r �oM IE IE mmm�mwmmm �nmmmm �c��i mm mmmmmmmmm�mmPACIFIC OCEAN m Ito I �1m0 oIsraIcrs BY Numeere y � DOWNTOWN SPECIFIC PLAN LEGISLATIVE DRAFT 4.0 DEVELOPMENT STANDARDS 4.0.01 Intent and Purpose The purpose of this document is to provide for orderly development and improvement within the Downtown Specific Plan. The plan is established to guide the development of the area which is characterized by its unique location, geographic features, land uses and ownership patterns, and should not be regulated by zoning district standards applicable throughout the city. This specific plan will replace the existing zoning with policies, development standards and descriptive maps specifically designed for the downtown area. The specific plan provides for creativity at the individual project level, and at the same time ensures that developments will ultimately combine to create a cohesive community. The provisions of this ordinance shall not apply to Conditional Use Permits processed with Tentative Tract Maps that have been approved prior to the effective date of this ordinance. Building permits shall be issued for such previously approved entitlements if the applications for such building permits are consistent therewith. Only paragraph 4.0 et seq., "Development Standards", shall be certified as part of the Local Coastal Program. 4.0.02 Downtown Specific Plan Boundary The property described herein is included in the Downtown Specific Plan and shall be subject to policies and development standards set forth in this article. Precisely, the Downtown Specific Plan includes the real property described as follows: Beginning at the most northerly corner of Lot 22, Block 122 of the Huntington Beach Seventeenth Street Section Tract, as recorded in Book 4, page 10 of Miscellaneous Maps, records of Orange County, State of California; thence northerly 50 feet approximately to a point, said point being the intersection of the centerlines of Goldenwest Street and Walnut Avenue; said point also being the true point of beginning; thence southwesterly along the centerline of Goldenwest Street and its prolongation to a point on the high tide line of the Pacific Ocean; thence southeasterly along said high tide line to a line parallel with and 72.50 feet northwesterly, measured at right angles, from the southwesterly along said high tide line to a line parallel with and 72.50 feet northwesterly, measured at right angles, from the southwesterly prolongation of the centerline of Main Street; thence southwesterly along said line 1,470 feet approximately to a line parallel with heretofore said high tide line; thence southeasterly along said line 145 feet approximately to a line parallel with and 72.50 feet southeasterly, measured at right angles, from said southwesterly prolongation of the centerline of Main Street; thence northeasterly along said line to the heretofore said high tide line to the prolonged survey centerline of Beach Boulevard;thence northerly along said survey centerline of Beach Boulevard 2800 feet approximately to the south line of Tract 9580, as shown on a map recorded in Book 444, page 31, records of Orange County, State of California; thence westerly along said line 1995 feet approximately to the centerline of Huntington Street; thence northerly along said centerline 1320 feet approximately to the centerline of Atlanta Avenue; thence westerly along said centerline 857 feet approximately to the centerline of Lake Street; thence northerly along said centerline 2352 feet approximately to the centerline of Palm Avenue; thence westerly along said centerline 332 feet approximately to the centerline of Sixth Street; thence southwesterly to the centerline of Walnut Avenue; thence northwesterly along said centerline 5547 feet approximately to the true point of beginning. G:DWNTWNSP 1 Downtown Specific Plan Revised 2/06/02 4.0.03 Organization This section.details the development standards for projects in the Specific Plan area. The section includes 1) regulations affecting administration and permitting, 2) general requirements for all projects of a certain size or type, 3) particular requirements for projects within the different Districts and 4) overlays which permit special uses in select areas. 4.0.04 Definitions The following definitions shall apply to the Downtown Specific Plan. Terms not described under this section shall be subject to the definitions contained in the Huntington Beach Zoning and Subdivision Ordinance Gode. Beach Area: The ocean side of Pacific Coast Highway including the Bluff Top Park area and the Pier. Bluff Top Park Area: That area of improved beach access bounded on the south by 9th Street continuing north to the dividing line of Bolsa Chica State Beach. Bolsa Chica State Beach: The area seaward of Pacific Coast Highway extending from the Huntington Beach City Pier northwest to Warner Avenue. The portion of this beach from the pier to Goldenwest Street is within the boundary of the Downtown Specific Plan. Build-to-line: A dimension which specifies where the structure must begin. For example, "build-to-5"', means that the structure must extend to five feet from the lot line. Common open space: Any part of a lot or parcel unobstructed from the ground upward, excepting architectural features extending no more than thirty(30) inches from the structure and excluding any area of the site devoted to driveways and other parking areas. Conversion: A change in the original use of land or building/structure. Director: The Director of Planning the Dep a4mefi* of Community De el^ n*. Development: On land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of the use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act(commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511). G:DWNTWNSP 2 Downtown Specific Plan Revised 2/06/02 Demolition: The deliberate removal or destruction of the frame or foundation of any portion of a building or structure. Facade: The main face or front of a building. Feasible: Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors. Floor Area Ratio (FAR): A number which indicates how many square feet of structure can be built on a site, expressed as a multiple of the net site area; for example, if a site is 5,000 square feet in net site area and the FAR is 2.0, the square footage of a building cannot exceed 10,000 square feet of net site area(2 X 5,000). Frontin Any lot or portion of a lot which abuts an arterial shall be considered to front on that arterial and shall comply with the required front yard setbacks, whether or not the development on that lot actually takes access from the arterial. Full block: A parcel of property bounded on all sides by public streets. Gross floor area: 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. Gross site area: The area within the lot lines of a parcel of land before public streets, alleys, easements or other areas to be dedicated or reserved for public use have been deducted. Half block: A parcel of property bounded on all sides by public streets and/or alleys containing at least one-half(1/2) the net area of the full block. Height: The vertical distance above the highest adjacent street level measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or the average height of the highest gable of a pitched or hipped roof. See Section 4.2.04. Hotel: A building designed for or occupied as a temporary lodging place which contains guest room units. Mini-Parks: Areas under City ownership used for the purpose of open space, plazas, landscape buffers or public gathering. Net site area: The total horizontal area within the property lines of a parcel of land. 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 are excluded. Outdoor dining: An area where a cafe/restaurant provides food service on either public right-of-way, city owned open space, or privately owned open space. Physical obstruction: Things that affect the use of property including but not limited to light standards, trees, parking meters, trash receptacles, traffic signals, signs, benches, phone booths, newspaper stands, bus stops, driveways, pedestrian ramps, and other similar items. G:DWNTWNSP 3 Downtown Specific Plan Revised 2/06/02 Pier: The structure owned by the City that extends from the termination of Main Street at Pacific Coast Highway into the Pacific Ocean 1,966 feet. Pier Plaza: The area adjacent and contiguous to the pier. Private open space: The area adjacent to a dwelling unit which has direct access in the form of a patio or balcony. Public open space: Outdoor or unenclosed area on the ground floor or above floor levels designed and accessible for use by the general public. Public open space may include one of the following: patios, plazas, balconies, gardens or view areas accessible to the general public, and open air commercial space, open to the street on the first floor, or on at least one side, above the first floor, or open to the sky. The open space requirement can be met anywhere in the development; however, open space provided above the second floor will receive only fifty(50) percent credit toward this requirement. This requirement cannot be met by open areas which are inaccessible to the general public or are contrary to specific requirements of a district. Public right-of-wad That property dedicated through acquisition or easement for the public right-of-way or utility purposes which includes the area spanning from the property line on one side of a street to the property line on the other side of a street. Recreational Vehicle: A travel Trailer, pick-up camper or motorized home with or without a mode of power and designed for temporary human habitation for travel or recreational purposes. Rehabilitation: The physical repair, preservation, or improvement of a building or .structure. Does not include an expansion of existing floor area greater than ten (10) percent; does not increase the building height; does not result in an increase in permitted density. Residual parcel: A legal lot which does not meet the requirements for a building site within the District in which it is located, and where the abutting sites are already developed. Right-of-WU(ROW): That portion of property which is dedicated or over which an easement is granted for public streets, utilities or alleys. Semi-subterranean parking: Parking structure which is partially recessed into the development site, and which may or may not support additional structures above (e.g. dwelling units, tennis courts, or parking structures). Setback: A stipulated area adjacent to the lot lines which must be kept free of structures over forty-two (42) inches high. Street level: The_elevation measured at the centerline of the public street adjacent to the front setback at a point midway between the two side property lines. Suite Hotel: A building designed for or occupied as a temporary lodging place which contains guest rooms and may contain kitchenettes and a separate living room for each unit. Townlot: The area and parcels bounded by Pacific Coast Highway on the southwest, Goldenwest Street on the northwest, Palm Avenue on the north and northeast, and Sixth Street on the east and southeast. G:DWNTWNSP 4 Downtown Specific Plan Revised 2/06/02 Wetland: Lands within the coastal zone which may be covered periodically or permanently with shallow water and include saltwater marshes, freewater marshes, open or closed brackish water marshes, swamps, mudflats and fens. Ultimate Right-of-Way: The most lateral edge of the area dedicated for street, utilities or alley purposes. 4.1 ADMINISTRATION 4.1.01 Approvals Required All development within the Downtown Specific Plan shall be subject to one or more of the following, as identified in each district: a Conditional Use Permit from the Planning Commission, and/or Zoning Administrator; review and recommendation of and{er the Director pursuant to the Design Review Board provisions of the Huntington Beach Zoning and Subdivision Ordinance Cam. All physical development shall be required to be reviewed by the Design Review Board prior to processing additional entitlements if required. The Historical Resources Board shall provide recommendations for structures considered to be historically significant. In addition, a Conditional Use Permit shall be required for any residential cooperative subdivision, mixed-use development, or any project which requires a special permit (Section 4.1.02). The Director, Design Review Board, Zoning Administrator, Planning Commission or the City Council shall also consider the following: before (a) Projects shall be in conformance with the adopted Design Guidelines for the area. (b) 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. (c) Architectural features and complimentary colors shall be incorporated into the design of all exterior surfaces of the buildings in order to create an aesthetically pleasing project. (d) Particular attention shall be given to incorporating signs, including their colors, into the overall design of the entire development in order to achieve uniformity. (e) Vehicular accessways shall be designed with landscaping and building variation to eliminate an alley-like appearance. 4.1.02 Special Permit The Downtown Specific Plan development standards are designed to encourage developments creating an aesthetically pleasing appearance, enhancing the living environment, and facilitating innovative architectural design and adaptation of the development to the unique surrounding environment. A special permit may not be granted for deviations from maximum density or parking or from requirements of the Conservation Overlay in any district. Nor shall any special G:DWNTWNSP 5 Downtown Specific Plan Revised 2/06/02 permits be granted for deviations from maximum building height in District 1, 2, 4, 10, 11. Special Permits allow for minor deviations from the development regulations of this Specific Plan. Special Permits may be granted at the time of project approval for unique architectural siting or features, including but not limited to site coverage, setbacks, open space and landscaping. Special Permits shall only be allowed when, in the opinion of the Planning Commission; Or Zoning Administrator significantly greater benefits from the project can be provided than would occur if all the minimum requirements were met. Some additional benefits,which may make a project eligible for approval of Special Permits include: greater open space, greater setbacks, unique or innovative designs,public parking, public open space, and the use of energy conservation or solar technology. The developer may request a Special Permit at the same time as the filing of an application for a Conditional Use Permit and both requests shall be heard concurrently. The Planning Commission and Zoning Administrator may approve the Special Permit in whole or in part only upon the finding that the proposed development, in .addition to providing greater benefits as required above, will also: (a) Promote better living environments; and (b) Provide better land planning techniques with maximum use of aesthetically pleasing types of architecture, landscaping, site layout and design; and (c) Not be detrimental to the general health, welfare, safety and convenience of the neighborhood or City in general, nor detrimental or injurious to the value of property or improvements of the neighborhood or of the City in general; and (d) Be consistent with objectives of the Downtown Specific Plan in achieving a development adapted to the terrain and compatible with the surrounding environment; and (e) Be consistent with the policies of the Coastal Element of the City's General Plan and the California Coastal Act; and (f) Comply with State and Federal law. 4.1.03 Coastal Permit Developments within the Downtown Specific Plan area will be subject to the requirements pertaining to Coastal Development Permits (CDP) in the Local Coastal Program Implementing Ordinances, in addition to the other provisions of the Huntington Beach Zoning and Subdivision Ordinance Cam, except as modified by this Specific Plan. 4.1.04 Severability If any section, subsection, sentence, clause, phrase, or portion of this title, or any future amendments or additions hereto, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this title, or any future amendments or additions hereto. The Council hereby declares that it would have adopted these titles and each sentence, subsection, sentence, clause, phrase, or portion or any future amendments or additions thereto, irrespective of the fact that any one or more sections, subsections, G:DWNTWNSP 6 Downtown Specific Plan Revised 2/06/02 clauses,phrases, portions or any future amendments or additions thereto may be declared invalid or unconstitutional. 4.1.05 Appeals Decisions by the Director on non-zoning matters may be appealed to the City Administrator; decisions on zoning matters may be appealed to the Planning Commission and City Council. 4.1.06 Huntington Beach Zoning and Subdivision Ordinance eede. If not specifically addressed in this Specific Plan, the applicable provisions of the Huntington Beach Zoning and Subdivision Ordinance Go&and Huntington Beach Municipal code shall apply. 4.2 GENERAL PROVISIONS The general provisions of this article shall apply to all developments within the Downtown Specific Plan area wherever the size or type of development proposed would make such provisions applicable. All development shall comply with all existing standard plans and specifications and all applicable provisions of the Huntington Beach Zoning and Subdivision Ordinance and Municipal Codes. 4.2.01 Permitted Uses. Permitted uses shall be established in each District and shall be required to meet all applicable provisions of the Huntington Beach Zoning and Subdivision Ordinance Gam. In addition, the following shall apply: (a) All structures incidental and accessory to a permitted principal use or structure may be erected on any parcel containing a main building provided that such structure(s) shall not exceed fifteen(15) feet in height nor to be closer than ten (10) feet to any other structure on the same parcel and shall conform with all setback requirements of the District. Exception: Parking structures are excluded from this provision. (b) Parcels which, prior to the effective date of this ordinance, had an oil suffix (O,O 1) and are identified in Figure 4.14, shall retain such suffix in combination with the new zoning designation 'Downtown Specific Plan" (see Section 4.14). (c) Parcels which, prior to the effective date of this ordinance, had a Mobile home District(MH), shall retain such designation in combination with the new zoning designations in the "Downtown Specific Plan" serving as an overlay, for the effected Districts (see Section 4.16). (d) All non conforming uses or structures, or uses which have been abandoned for more than six (6) months, shall be required to meet all applicable provisions of the Huntington Beach Zoning and Subdivision Ordinance Co& in each of the following: Any expansion of floor area greater than ten (10) percent; increase in height; or an increase in the permitted density shall require a conditional use permit to the Planning Commission and shall be required to comply with all applicable provisions of the Huntington Beach Zoning G:DWNTWNSP 7 Downtown Specific Plan Revised 2/06/02 and Subdivision Ordinance Code. Deviations to parking and density development standards are not allowed. Minor deviations to other development standards shall be subject to special permits. Any change of use, expansion of use, or change in occupant to a use which would require additional off street parking shall provide the required off street parking according to the Huntington Beach Zoning and Subdivision Ordinance Gode or as required by the Downtown Parking Master Plan. If fifty percent(50%) or more of an existing structure is demolished and reconstructed, the new structure must provide the required off-street parking. The parking may be provided through the payment of in-lieu fees as allowed by the Downtown Specific Plan in-lieu fee parking program. Exception: Any building alteration, rehabilitation or facade improvement which does not exceed ten (10) percent expansion of the existing floor area; does not increase the height; or result in an increase in permitted density. The Design Review Board shall review and approve any proposed exterior modifications. 4.2.02 Minimum Parcel Size. A minimum parcel size shall be established in each District. A waiver of this requirement may be granted by the Director for residual parcels. In addition, the following minimum floor areas shall apply to all residential dwelling units, except affordable units (see Section 4.2.30): Minimum Floor Unit Type Area(Sq. Ft.) Bachelor and single 450 One (1)bedroom 650 Two (2)bedrooms 900 Three (3) bedrooms 1100 Four(4) bedrooms 1300 4.2.03 Maximum Density/Intensity. The maximum allowable density and/or intensity(Floor Area Ratio) shall be established in each District. 4.2.04 Maximum Building Height. The maximum allowable building height shall be established in each District. In addition, the following shall apply: (a) An additional ten (10) feet in height will be allowed for roof line treatment, architectural features such as chimneys, solar energy equipment and mechanical devices. In no case may the air space granted for these purposes above the maximum height limit be used as a habitable room. (b) An additional fourteen (14) feet in height may be allowed for elevator equipment. All mechanical devices, except for solar panels, shall be set back and screened so that they cannot be seen from public right-of-ways. 4.2.05 Maximum Site Coverage. The maximum allowable site coverage shall be established in each District. Any part of the site covered by a roof, including covered walkways, patios and carports, shall be included in coverage. G:DWNTWNSP 8 Downtown Specific Plan Revised 2/06/02 Exception: Subterranean or semi-subterranean parking less than forty-two(42) inches in height above the adjacent grade shall be subject to the provisions of Section 4.2.13(b). 4.2.06 Setback(Front Yard). The minimum front yard setback shall be established in each District. In addition, the following shall apply: (a) No structure or portion of any structure shall project into or over the public ROW. (b) The minimum front yard setback for parking lots and all parking structures above grade shall be ten (10) feet. Structures below 42 inches in height are not subject to this provision. (c) The minimum front yard setback for subterranean and semi-subterranean parking structures shall be subject to the approval of the Director and the Department of Public Works. The depth of the front yard setback shall be a minimum of five (5) feet. 4.2.07 Setback(Side Yard). The minimum side yard setback shall be established in each District. In addition, the following shall apply: The minimum exterior side yard setback for parking lots and above grade parking structures shall be ten (10) feet. 4.2.08 Setback(Rear Yard). The minimum rear yard setback shall be established in each District. 4.2.09 Setback(Upper Story). An upper story setback shall be established in each District. 4.2.10 Building Separation. No building shall be closer than ten (10) feet to any other detached building on the same site. 4.2.11 Open Space. A minimum public open space provision will be established in each District. In addition, the following open space requirements shall apply to all residential developments: (a) Common Open Space: All multi-family residential developments shall provide a minimum common open space equal to twenty-five (25) percent of the floor area of each unit with a minimum dimension of twenty(20) feet. Common open space shall be designed so that it enhances the appearance of the project to passers-by. In multiple unit subdivision developments, common areas shall be guaranteed by a restrictive covenant describing the common space and its maintenance and improvement, running with the land for the benefit of residents of the development. The developer shall file with the Department of Planning Community Development for recordation with the final subdivision map, legal documents which will provide for restricting the use of common spaces for the designated purpose, as approved on the final development plan. All lands to be conveyed to the homeowner's association shall be subject to the right of the grantee or grantees to enforce maintenance and improvements of the common space. (b) Private Open Space: All multi-family residential developments shall provide the following private open space. All ground floor units shall be provided with a patio area as set forth below. Minimum Area Min. Dim. G:DWNTWNSP 9 Downtown Specific Plan Revised 2/06/02 Unit Type (Sq. Ft. Ft. Bachelor, single or One (1).bedroom 200 10 Two(2) bedrooms 250 10 Three (3) bedrooms 300 10 Four(4) bedrooms 400 10 Units constructed above ground level shall be provided with balconies or sun decks as follows: Minimum Area Min. Dim. Unit Type (Sq. Ft. Ft. Bachelor, single or 60 6 One (1) bedroom Two (2), three (3), or 120 6 Four(4) bedrooms Note: Private open space shall be contiguous to the unit and for the exclusive use of the occupants. Private open space shall not be accessible to any dwelling unit except the unit it serves. Private open space shall be physically separated from common areas by a wall or hedge at least forty-two (42) inches in height. The private open space requirement may be satisfied in whole or in part by areas used for outdoor activities which need not be open to the sky but must be open on at least one (1) side. 4.2.12 Multi-block Consolidations. Where consolidations span two (2) or more Districts, the requirements of each District shall apply to that portion of the development. Divisions between Districts shall be the center line of the vacated street. In addition, the following shall apply: (a) Visitor-serving commercial uses must be provided within that portion of the development designated as a visitor-serving District. (b) Commercial uses must be provided on the ground floor along Main Street. 4.2.13 Parkin . All developments (except as provided in Section 4.2.30) will be required to meet the minimum off-street parking standards of the Huntington Beach Zoning and Subdivision Ordinance Code or as required by the Downtown Parking Master Plan. Exception: Affordable housing projects may reduce the required on-site guest parking. Residential: All parking, as required by the Huntington Beach Zoning and Subdivision Ordinance Co4e, shall be provided on-site. Commercial: (a) Parking for all commercial projects within the area of the Downtown Parking Master Plan shall be consistent with the parking requirements of the Downtown Parking Master Plan. Districts 1, 2, 4, a portion of 5, 7, 8, 9, 10 and 11 shall provide one-hundred (100) percent of the required parking on-site, pursuant to the Huntington Beach Zoning and Subdivision Ordinance . G:DWNTWNSP 10 Downtown Specific Plan Revised 2/06/02 Parking in District 3, a portion of District 5, and District 6 shall be provided on- site to the maximum extent feasible, as identified in the Parking Master Plan. The balance of any required parking shall be provided in facilities within walking distance. Any required off-site parking spaces shall be in place prior to the issuance of a Certificate of Occupancy for any development. All parking for any portion of a District which is not within the area of the Downtown Parking Master Plan shall provide one-hundred(100) percent of the required parking on-site, pursuant to the Huntington Beach Zoning and Subdivision Ordinance Cie. (b) All off-street uncovered surface parking spaces shall be screened. Screening shall be a maximum of thirty-two (32) inches high as measured from the adjacent parking surface. Screening shall consist of landscaping or landscaping combined with opaque materials, and must be approved by the director. (c) Any commercial business (retail, office, restaurant) which requests to participate in the in-lieu parking fee program shall submit a conditional use permit application for review and approval. 4.2.14 The Downtown Parking Master Plan The Downtown Parking Master Plan is based on a shared parking concept. Shared parking in effect allows one (1) parking space to serve two (2) or more individual land uses without conflict. Shared parking relies on the variations in the peak parking demand for different uses. In other words,parking demands will fluctuate in relationship to the mix of uses by hour, day of week, and season. The proper mix will create an interrelationship among different uses and activities which results in a . reduction of the demand for parking. The Downtown core area is centered along the Main Street commercial corridor. This commercial corridor divides into two (2) distinct areas, north and south of Orange. The area which encompasses the Downtown Parking Master Plan is identified on the area map (Figure 4.1). Area 1 - The area south of Orange Avenue along Main Street provides the greatest amount of public parking opportunities both off-street and on-street. Area 1 has the greatest number of visitor-serving and seasonal commercial uses including year round entertainment. This area also has the greatest concentration of expanded commercial, restaurant and office uses, and therefore, the majority of the public parking spaces are provided in this area. Expanding commercial activity in this area remains the focus of the Downtown Master Plan, however, no additional parking for new or expanded commercial, restaurant and office uses should be required provided the total square footage and mix of uses do not exceed the Master Plan projections. The city shall retain the option to purchase property for a public parking facility. Area 2 - The area north of Orange Avenue along Main Street provides limited amounts of public parking opportunities. This area is still part of the Downtown core. However, the commercial uses in Area 2 cater more to year-round residents, therefore, additional on-street short-term parking is provided. The existing Downtown public parking facilities are not conveniently located for use in this area, thus, a combination of expanded on-street and on-site parking may be necessary for new or expanded commercial uses. The commercial activity remains primarily service-related commercial; the existing supply of on-street and on-site parking should be sufficient G:DWNTWNSP 11 Downtown Specific Plan Revised 2/06/02 for anticipated uses. The mix of commercial and residential activities can justify a parking reduction and additional parking may not be necessary if development does not exceed the Master Plan projections. The city shall retain the option to purchase property for a public parking facility. City-owned and controlled public parking in the Downtown Parking Master Plan (DPMP) area shall be consistent with the City's certified land use plan. The DPMP is structured to protect beach user parking by providing adequate public parking within the Downtown area. The DPMP encourages the use of the City-owned and controlled parking sites within the DPMP area. To encourage the use of the City-owned public parking facilities, parking controls such as time limits, and parking rates may be adjusted to maintain the desired use of these spaces by patrons and employees of the downtown area. A validation program for the City-owned public parking structure has been established as an incentive for the use of the structure by the patrons and employees of the downtown area. Any changes to the program shall be submitted to the Executive Director to determine if an amendment to the Specific Plan is necessary. G:DWNTWNSP 12 Downtown Specific Plan Revised 2/06/02 LEGEND i PARKING yIASTER PL A\ AREA I i A. Main Pier Two B. Pierside Pavilion/Pier Colonv C. Second Block Rehabilitation D. H.B. Promenade E. Plaza Almeria F. Post Office Block AREA 2 / ` G. Town Square H. Fourth Block East I. Art Center Block G-2 I" ORANGE "- "' AVE. Wr [ ;Mi OLIVE AVE. 1 WALNUT AVE. — - -- --------------- - OL1 Vsgwi`.ally:. � JA' K• N 7: , '�"� � ,...P.A,QFl(;SOA;T W , 13 The Downtown Parking Master Plan anticipates a total development scenario of approximately 715,000 square feet of commercial activity. The DPMP has development thresholds of 144,000 square feet for restaurant, 300,000 square feet for retail, 126,000 square feet for office and 145,000 square feet for miscellaneous development. Area 1 will contain approximately 626,000 square feet of commercial, development, with the remaining 89,000 square feet in Area 2. The Planning Department shall be responsible for monitoring the development square footage per land use and the number of parking spaces within the Downtown Parking Master Plan area. An annual review and monitoring report of the Downtown Parking Master Plan shall be prepared by the Planning Department and presented for review by the Planning Commission and City Council. Following the review by the City Council, the Downtown Parking Master Plan annual review and monitoring report shall be submitted to the Executive Director of the California Coastal Commission for review. The Downtown Parking Master Plan annual review and monitoring report shall include, at a minimum: 1) amount and type of development square footage approved during the annual review period; 2) total amount of square footage in the Downtown Parking Master Plan area; 3) an inventory of existing parking spaces; 4) a parking utilization study; 5) an assessment of parking demand compared with parking supply; 6) a determination of whether adequate parking remains to serve development allowed up to the total development cap. If the Downtown Parking Master Plan annual review and monitoring report indicates that the parking supply is inadequate to serve the approved level of development or if the development square footage exceeds the amount described above (up to 715,000 square feet total), all development within the Downtown Parking Master Plan area shall provide parking consistent with Off-Street Parking and Loading Provisions of the Huntington Beach Zoning and Subdivision Ordinance, unless and until new parking to meet the identified demand is approved and constructed. Changes between one or more of the individual use categories may be allowed as long as the total square footage does not exceed 715,000 square feet, provided there are corresponding changes in the other use categories to assure adequate parking remains. Parking shall be provided for each Area. If a project is built in Area One that requires more shared parking than is available in Area One, credit from Area Two shall not be used. If a project is built in Area Two that requires more shared parking than is available in Area Two, credit from Area One shall not be used. Although the Downtown Parking Master Plan distinguishes between the location and type of parking resources available in Area 1 and Area 2, the adjusted parking requirement for both Area 1 and Area 2 is the same (Figure 4.2). The common parking requirement is based on the shared parking concept for the entire master plan area. Existing and proposed building square footage and uses are parked within the DPMP parking supply as inventoried in the technical background report prepared by Kaku Associates (Sept., 2000), entitled "Downtown Parking Master Plan Update," (Appendix - Existing and Proposed Land Use Analysis Blocks A - I) (Kaku Report,). G:DWNTWNSP 14 Downtown Specific Plan Revised 2/06/02 Downtown Parking Master Plan Codified Parking Requirements Land Use H.B..Zoning and Parking Standard Subdivision Ordinance (Percent Reduced) (Citywide) Retail 1:200 1:333 (60%) Restaurant 1:100 1:100 (0%) Office 1:250 1:500 (50%) Note: At any time it deems necessary, the Planning Commission may require additional on-site parking to meet the parking demands generated by a use or development. Figure 4.2 G:DWNTWNSP 15 Downtown Specific Plan Revised 2/06/02 Future parking within the DPMP area shall be provided as described in Appendix A of the Kaku Report. Redevelopment of blocks that result in a loss of existing parking shall be.phased with the provision of parking such that adequate parking exists within each DPMP area at all times. In the event a property owner demolishes his/her existing building, and rebuilds a new building of equal square footage and use, no additional parking shall be required. Any code required parking spaces provided on- site shall be credited for any expansion of square footage or intensification of use. All required parking shall be calculated based on the reduced requirements of the Downtown Parking Master Plan. The Planning Commission or City Council may impose one (1), all, or a combination of the following requirements to ensure that adequate parking is provided for each development: 1. Require projects over 30,000 sq. ft. or one-half(1/2) block in size provide 50% of the code-required parking identified in Figure 4.2 on site. 2. Require that any parking in-lieu fees be full cost recovery based on the parking requirement for specific uses. However, allow that these fees be paid over an amortization period, with appropriate security provided by the applicant to guarantee payment. 3. .Require valet parking once the maximum build out of restaurant activity has been obtained. 4. Commercial projects greater than 10,000 square feet in size shall be required to submit a parking management plan consistent with the Downtown Parking Master Plan. 5. Require valet and/or remote parking for special events and activities, and during the peak summer season. 6. Require the applicant to provide additional on-site and/or off-site parking for any development. 7. Develop parking options which may generate additional parking for any development. 8. Develop a sign program to direct motorists to primary parking facilities within the Downtown Parking Master Plan. 4.2.15 Landscaping. In addition to City standard landscape plans and specifications, the following shall apply: - (a) All setback areas fronting on or visible from an adjacent public street, and all recreation, leisure and open space areas shall be landscaped and permanently maintained in an attractive manner and shall be consistent with the adopted Design Guidelines. (b) Permanent automatic electric irrigation facilities shall be provided in all landscaped areas. (c) On-site trees shall be provided in all developments as follows: One (1) thirty-six (36) inch box tree for each residential unit or for each 2,500 square feet of gross site area for commercial or office space. Alternatively, the equivalent of thirty-six G:DWNTWNSP 16 Downtown Specific Plan Revised 2/06/02 (36) inch box trees may be provided where feasible (except when palm trees are required). Seventy-five(75) percent of the total requirement shall be thirty-six(36) inch box trees and the remaining twenty-five(25) percent of such requirement may be provided at a ratio of one (1) inch for one (1) inch through the use of twenty-four (24) inch box trees. Additional trees and shrubs shall also be planted to provide a well-balanced landscape environment. Exception: Structures fronting on Main Street, Fifth Street and Third Street, with a required five (5) foot setback shall be exempt from this requirement. (d) A landscape and irrigation plan in conformance with the adopted Design Guidelines shall be subject to approval by the Director and the Department of Public Works prior to the issuance of building permits. (e) All parking lots shall provide a decorative masonry wall or landscaped berm installed in the setback area. All landscaping shall be installed within the parking lot area, in accordance with the Huntington Beach Zoning and Subdivision Ordinance Cole. Parking structures must screen all street-level parking areas from the public ROW. Such screening must be approved by the Director. The setback area shall be landscaped in accordance with the following guidelines and a landscape plan shall be submitted to and approved by the Director: Where feasible, planting material shall include a minimum three (3) five (5) gallon size shrubs for each seventy-five(75) square feet of landscaped area and at least one (1) thirty-six(36) inch box tree or palm for each one hundred and fifty(150) square feet of landscaped area(except when palm trees are required). The setback area shall be planted with suitable ground cover. The landscaped area shall be provided with an irrigation system which conforms to the standards specified for landscaped medians by the Department of Public Works. All landscaping shall be maintained in a neat and attractive manner. 4.2.16 Street Vacations. The following conditions will apply to City vacation of streets and alleys for consolidation of parcels greater than one block in size: (a) Streets shall be vacated only after the City has analyzed the impacts on circulation patterns and determined that the vacation will not be detrimental. (b) Where streets are to be vacated, the cost of relocating all utilities shall be borne by the developer; the City Council may waive this requirement. (c) Any public parking lost by street vacations must be replaced either on or off site or through in lieu fees. Such parking shall be in addition to required parking for the proposed use. (d) Consolidations that require vacation of a portion of Main Street north of Orange Avenue shall provide a public plaza space that will enhance the Main Street G:DWNTWNSP 17 Downtown Specific Plan Revised 2/06/02 corridor to the pier. The type of facility and its design shall be approved by the City. (e) At the discretion of the City Council, all or portions of Main.Street may be used for a pedestrian mall, subject to a public hearing. (f) Any development proposing the vacation of streets intersecting PCH in District 2 and District 3 shall provide a view corridor not less than the width of the former street between Walnut Avenue and PCH. No structures greater than forty-two (42)inches in height shall be allowed within such view corridor. A pedestrian easement ten (10) feet wide shall be provided through the development generally parallel to the vacated street. 4.2.17 Access Ways. The following standards shall apply to all vehicular access ways: All Development: (a) Developments abutting Pacific Coast Highway(PCH) or Main Street shall dedicate sufficient additional land along the alleys parallel to these rights-of-way so that the alleys have an ultimate width of twenty-four(24) feet in the case of commercial or mixed use developments, or twenty(20) feet in the case of residential only developments. No more than one-half(1/2) of the total.alley dedication shall be from one (1) side. Access to development shall be permitted from these alleys. Access to development shall not be taken directly from PCH; new automobile curb cuts on this right-of-way are prohibited. Access to developments on Main Street shall be limited to one (1) point of ingress only for developments which have greater than one hundred (100) feet of frontage subject to Public Works design standards. Exception: Developments that are larger than full block consolidations in District 1 are exempt from this provision. (b) All access ways shall be free and clear of any and all structures including but not limited to trash enclosures, utility devices or storage areas. Residential Development: (c) Private access ways shall have a minimum paved width of not less than twenty- eight(28) feet. An additional twelve (12) foot wide travel lane may be required in each direction of traffic flow into the development for a distance of one hundred (100) feet, where an access way intersects a local or arterial public street. (d) Private access ways exceeding one hundred fifty (150) feet in length but less than three hundred (300) feet in length, shall be provided with a turn-around having a minimum radius of thirty-one (31) feet. For those access ways exceeding three hundred (300) feet but less than six hundred (600) feet, there shall be provided a turn-around having a minimum radius of forty(40) feet or an inter-tying loop circulation system. For those access ways exceeding six hundred (600) feet, there shall be provided an inter tying loop circulation system. G:DWNTWNSP 18 Downtown Specific Plan Revised 2/06/02 4.2.18 Lighting. For developments of more than two (2) units, the developer shall install an on-site fighting system on all vehicular access ways and along major walkways. Such lighting shall be directed onto driveways and walkways within the development and away from adjacent properties. Lighting shall also be installed within all covered and enclosed parking areas. A lighting plan shall be submitted to and approved by the Director. 4.2.19 Outside Storage Space. Where a proposed residential development does not include a separate attached garage for each dwelling unit, a minimum of one hundred (100) cubic feet of outside storage space shall be provided for each such unit. 4.2.20 Sewer and Water Systems. Sewer and water systems shall be designed to City standards and shall be located underneath streets, alleys or drives. In no case shall individual sewer lines or sewer mains for a dwelling unit be permitted to extend underneath any other dwelling unit. 4.2.21 Signs. All signs shall conform to the provisions of the Huntington Beach Zoning and Subdivision Ordinance Code. Commercial signs in mixed developments shall not be intrusive to residential development or other uses and shall be consistent with the adopted Design Guidelines. (a) The placement of address numbers shall be at a uniform location throughout a development and shall be approved by the Director. (b) When appropriate, the developer shall install on-site street name signs at the intersections of access ways, as approved by the City Engineer. Street name signs shall also be approved by the Director for design and type and shall be consistent with the adopted Design Guidelines. All signs required by this section shall be installed at the approved locations prior to the time the first dwelling unit is occupied. 4.2.22 Refuse Collection Areas. In residential developments, refuse collection areas shall be provided within two hundred (200) feet of the units they are to-serve. In all developments, trash areas shall be enclosed or screened with a masonry wall, and shall be situated in order to minimize noise and visual intrusion on adjacent property as well as to eliminate fire hazard to adjacent structures. Residents shall be provided with collection areas that are separate and distinct from the collection area of offices and other commercial activities. 4.2.23 Vehicular Storage. Storage of boats, trailers, recreational vehicles (as defined herein) and other similar vehicles shall be prohibited unless specifically designated areas for the storage of such vehicles are set aside on the final development plan and, in the case of condominium developments, provided for in the association's covenants, conditions, and restrictions. Where such areas are provided, they shall be enclosed and screened from view on a horizontal plane from adjacent areas by a combination of a six(6) foot high masonry wall and permanently maintained landscaping. 4.2.24 Antennas. Antennas shall be consistent with the applicable zoning document. 4.2.25 Utilfty Lines. All utility lines shall be undergrounded where possible. 4.2.26 Bus Turnouts. In commercial developments of one half block or more, dedication shall be made for bus turnouts as recommended by O.C.T.A. Any bus turnout so recommended shall be incorporated as part of the development plan. G:DWNTWNSP 19 Downtown Specific Plan Revised 2/06/02 4.2.27 Orange County Transit Authority Center. A transit center shall be located within proximity of the downtown area which will provide pedestrians access to the beach and retail services. 4.2.28 Homeowners'or Community Association. All multiple unit subdivision developments shall be approved subject to submission of a legal instrument or instruments setting forth a plan or manner of permanent care and maintenance of open spaces, recreational areas, and communal facilities. No such instrument shall be acceptable until approved by the City Attorney as to legal form and effect, and by the Department of Planning Community Deyel^,..,.e as to suitability for the proposed use of the open areas. If the common open spaces are to be conveyed to the homeowners'association, the developer shall file a declaration of covenants, to be submitted with the application for approval, that will govern the association. The provisions shall include, but not be limited to, the following: (a) The homeowners'association shall be established prior to the initial sale of the last dwelling units. (b) Membership shall be mandatory for each buyer and any successive buyer. (c) The open space restrictions shall be permanent. 4.2.29 Compliance with certain requirements of the Coastal Zone (CZ) Suffix: All projects shall comply with the following sections of the Coastal Zone Suffix: "Community Facilities"; "Diking, Dredging and Filling"; "Hazards"; "Buffer Requirements"; "Energy"; and "Signs" as identified in the Huntington Beach Zoning and Subdivision Ordinance Cam. i) Affordable Housing Residential projects that offer 50% of the units to persons and households earning between 80-100% of the Orange County Median Income as defined by HUD for a period of 30 years may be eligible for a reduction in the following development standards. Guest Parking - If determined by the Zoning Administrator or Planning Commission that adequate excess public parking is available, the Zoning Administrator or Planning Commission may grant a maximum 100%waiver depending on size and location of project. Common Open Space - Maximum 70% reduction if replaced by private open space. (Roof decks may be used to satisfy a portion of this requirement.) Site Coverage - Maximum 75%. Height- Maximum four(4) stories in any district. Density- The Floor Area Ratio formula may be substituted for units per acre in each district. A maximum 1.0 Floor Area Ratio will apply to affordable projects. G:DWNTWNSP 20 Downtown Specific Plan Revised 2/06/02 Minimum Unit Size - Studio 400 square feet 1 bedroom 600 square feet 2 bedroom 800 square feet It is the intent of these provisions to provide maximum design flexibility while still maintaining high quality design standards in exchange for affordable housing. ii) School Facilities: A school facilities impact mitigation and reimbursement agreement shall be a condition of approval for any subdivision, tentative tract, or parcel map within the Specific Plan. The agreement shall provide for the adequate mitigation of impacts on the elementary and/or high school district. It shall provide for adequate funding of school facilities as may be necessary to serve the student population generated by the proposed development. This condition may be waived by the Huntington Beach Planning Commission and will not apply to affordable housing projects as defined in the Specific Plan. - iii) Historic Properties: The Historic Resources Board shall provide to the Design Review Board and Planning Commission recommendations for structures considered to be historically significant as identified in the City's 1989 Historic Survey iv) Outdoor Dining: Outdoor dining on public or private property may be permitted subject to review and approval by the Director of Planning, when in compliance with this Section. Ilse eelfflp ;aarae with this Se tion The sale o alcohol shall be subject to the review and approval of a conditional use permit by.the. Zoning Administrator and compliance with the applicable provisions herein: 1) Location and design criteria. Outdoor dining shall conform to the following location and design criteria: a) The outdoor dining shall be an extension of an existing or proposed eating establishment on contiguous property. b) Outdoor dining located on the sidewalk area of the public right-of-way shall be limited to commercial areas within the Downtown Specific Plan. c) Outdoor dining located on the sidewalk area of the public right-of-way of the first block of Main Street and Pacific Coast Highway within District 3 and on the Municipal Pier shall provide a minimum ten (10) foot clear passage area for pedestrian access. Outdoor dining located on the sidewalk area of the public right-of-way and on all other areas shall provide a minimum eight(8) foot clear passage area for pedestrian access. A wider clear passage area may be required at the discretion of the Director or Zoning Administrator. d) No outdoor dining shall be allowed in mini-parks, publicly owned plazas, or beach areas excluding concession carts with no seating. e) Outdoor dining establishments which do not serve alcohol and are located on public property shall be separated from the clear passage area on the public sidewalk and/or pedestrian walkway by a temporary cordon and removed when not in use. G:DWNTWNSP 21 Downtown Specific Plan Revised 2/06/02 OEstablishments which serve alcoholic beverages outdoors are required to provide a physical barrier of 36 inches in height surrounding the outdoor dining area that will prohibit passing of alcohol through the barrier. g) All tables, chairs, and umbrellas of outdoor dining located on public property shall be removed when not in use. h) Outdoor dining on private sidewalk areas shall provide a minimum eight(8) foot clear passage area for pedestrian access or a permanent cordon shall surround the outdoor dining area and a minimum five (5) foot clear passage area shall be provided. i) At street intersections, the triangular area formed by measuring 25 feet along the curb lines, shall be clear passage area. j) Temporary, mobile or free-standing food service providers are not eligible under these provisions. 2) Operating requirements, provisions, and conditions. a) A License Agreement including use fees shall be obtained from the City for outdoor dining located on public property. The License Agreement shall be subject to termination at any time upon a 10-day prior written notice upon determination of the Director or Zoning Administrator that one or more of the conditions or provisions of this Section 4.2.33 have been violated or that one or more factors listed in Subsection (5) below have changed and the permitted use is no longer compatible with the intended use of the public right-of-way or public property. Termination of a License Agreement shall nullify the conditional use permit. b) The applicant shall enter into a Maintenance Agreement with the City for maintenance of all portions of the public property used and approved by the Director or Zoning Administrator for the outdoor dining. Said agreement shall be submitted to and approved by the Department of Public Works prior to commencement of the use. c) All outdoor dining operators shall provide a public liability insurance policy as specified in all current insurance resolutions. Such liability insurance shall be provided in a form acceptable to the City Attorney. The policy shall name the City of Huntington Beach as an additional insured and shall be maintained at all times. d) No food or beverages of any nature shall be sold to any occupant or rider of any motor vehicle or bicycle. e) Alcoholic beverages shall be served in glass containers only. Each glass container shall be permanently printed with a number identifying the establishment serving alcohol. f) The applicant(or operator) shall pay all fees and deposits required by the Huntington Beach Municipal Code, including the fee established for use of public property, prior to operation of the outdoor dining use. G:DWNTWNSP 22 Downtown Specific Plan Revised 2/06/02 g) All provisions of the Huntington Beach Municipal Code and Zoning and Subdivision Ordinance shall apply. h) . Outdoor dining subject to irector approval is su ject to Neighborhood Notification as prescribed in the HBZSO. i) The conditional use permit may be transferred upon sale or transfer of the restaurant subject to a written request approved by the Zoning Administrator and the property owner. An amendment to the License Agreement will be required prior to transfer of the conditional use permit for outdoor dining on public property. A conditional use permit transfer or License Agreement renewal or amendment may be denied if one of the factors listed in Subsection (5) have changed and the permitted use is no longer compatible with the intended use of the public right-of-way. 3) Parking. Parking shall comply with the Huntington Beach Zoning and Subdivision Ordinance or the Downtown Parking Master Plan; however, no parking spaces shall be required for the outdoor dining portion of the restaurant if the outdoor dining area does not exceed the following: Total Restaurant Area Outdoor Dining Area a) 1,200 sq. ft. or less with: Maximum 5 tables and 20 seats b) greater than 1,200 sq. ft. with: Maximum of 20% of the restaurant area, not to exceed 400 sq. ft. Any outdoor dining area which exceeds these standards shall provide 100% of the required parking for the entire area. 4) Enforcement. Enforcement of his Section 4.2.33 shall be by the !`.,Farm•.,.*Development Director of Planning or his/her designee. Any outdoor dining use within the Downtown Specific Plan that has been established without prior conditional use permit approval must obtain a conditional use permit and if located on public property, a License Agreement within 90 days following the effective date of this ordinance. Any establishment that plans to serve alcoholic beverages in an outdoor dining area must obtain a new conditional use permit and a new License Agreement from the City. 5) Necessary Findings. a) In order to approve outdoor dining the Director or Zoning Administrator shall make the following findings: The sidewalk's public use, pedestrian, transit and business services including but not limited to loading zones, bus stops, public phones, and benches, are not restricted. G:DWNTWNSP 23 Downtown Specific Plan Revised 2/06/02 b) Building entryways are not obstructed. c) Pedestrian traffic volumes are not inhibited. d) Handicapped accessibility is provided where required. G:DWNTWNSP 24 Downtown Specific Plan Revised 2/06/02 LJU u uu uu uu uu UD u u uu u u uu uu U Ll U, UILlUlU luluj,_jLj4LJLJ;uucuul Jul" Lil"Ll"Lill lq-JLJI i Do Do no on Do on no on Do Do no no Do uu HH I nn � �] � PACIFIC OCEAN DISiIUCI' Mi HUNTINGTON BEACH CA � PLANNING DEPARTMENT LIFORNIA DOWNTOWN SPECIFIC PLAN 4.3 DISTRICT#1: VISITOR-SERVING COMMERCIAL Purpose. This District is limited to a node fronting on Pacific Coast Highway(PCH) which is adjacent to medium and high density residential Districts. This node provides a site for commercial,facilities to serve visitors to the City and State Beaches. The area between Goldenwest and 6th Streets will be primarily medium to high density residential. Residential uses will also be permitted.in this District, as long as the necessary visitor-serving uses are included in the development. Boundaries. District#1 includes the blocks from 6th to 9th between PCH and the midline of the alley. 4.3.01 Permitted Uses. (a) The following list of Visitor-Serving Commercial uses in District No. 1 may be allowed. Other visitor serving related uses as described in the Land Use Plan, and which have the same parking demand as the existing use 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: Art gallery Bakery Banks and savings and loans branch offices (no drive-up windows; not to exceed five thousand (5,000) square feet) Beach, swimming and surfing equipment Bicycle sales, rental and repair Boat and marine supplies Bookstores Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach Munieipaldo Zoning and Subdivision Ordinance Clothing stores Delicatessens Drug stores Florists Grocery(convenience) Ice cream parlors Laundromats, Laundries Meat or fish markets Newspaper and magazine stores Newsstands Office Outdoor dining pursuant to S.4.2.33 Photographic equipment sales Photographic processing Public Facilities Shoe stores Sporting goods Tourist related public and semipublic buildings, services and facilities Travelagency G:DWNTWNSP 26 Downtown Specific Plan Revised 2/06/02 (b) The following list of Visitor Serving Commercial uses and any new eefistpaetieft, or change of such use in District No. 1 may be allowed subject to approval of a Conditional Use Permit from the Zoning Administrator. For example: Dry Cleaning Liquor Stores Restaurants (c) The following list of Visitor Serving Commercial uses and any new construction,_ or change of such use in District No. 1 may be allowed subject to approval of a Conditional Use Permit from the Planning Commission. For example: Dancing and/or live entertainment Health and sports clubs Motels Permanent parking lots and parking structures Residential uses pursuant to (e) below Service station (minimum 14,000 square feet of net lot area, subject to the development standards outlined in Section 9220.14 of the Huntington Beach Zoning and Subdivision Ordinance Cede) (ed) Visitor-serving commercial uses must be a part of all development proposed in this District, with the following minimum requirements: for projects with less than a half-block of frontage, the entire street level must be devoted to visitor-serving uses; for projects with a half-block or more of frontage, either the entire street level, or at least one-third (1/3) of the total floor area must be devoted to visitor- serving commercial uses. (de) Residential uses are allowed only in conjunction with visitor-serving commercial uses. The required visitor-serving commercial portion of any initial construction shall be provided prior to or at the same time as any residential portion. No residential unit shall be occupied until the required commercial portion is completed. Projects which are proposed to be phased must proportionately develop the commercial and residential concurrently. 4.3.02 Minimum Parcel Size. The minimum parcel size for development shall be 10,000 sq. ft. of net site area and one hundred (100) feet of frontage on PCH. 4.3.03 Maximum Density/Intensity. The maximum allowable number of residential dwelling units (du) shall be 1 du/1,742 square feet of net lot area or twenty-five (25) units per net acre. The Floor Area Ratio shall be 1.0 calculated on net acreage. 4.3.04 Maximum Buildiniz Height. The maximum building height shall be thirty-five (35) feet and no more than three (3) stories. 4.3.05 Maximum Site Coverage. The maximum site coverage shall be fifty(50) percent of the net site area. 4.3.06 Setback(Front Yard). The minimum front yard setback for all structures exceeding forty-two (42) inches in height shall be twenty-five (25) feet from Pacific Coast Highway right-of-way. This setback may be reduced to twenty(20) feet on up to fifty (50) percent of the frontage, provided that the average setback for total site frontage is not less than twenty-five (25) feet. The setback area shall be limited to landscaping only G:DWNTWNSP 27 Downtown Specific Plan Revised 2/06/02 and shall be designed to be compatible with the Bluff Top Landscaping area located across Pacific Coast Highway. 4.3.07 Setback(Side Yard). The minimum aggregate side yard requirements shall be as follows: (a) Interior side yard setback shall be twenty(20) percent of lot frontage total with not less than seven (7) feet on a side. (b) Exterior side yard setback shall be twenty(20) percent of lot frontage total with not less than fifteen (15) feet, from any public ROW. 4.3.08 Setback(Rear Yard). The minimum rear yard setback shall be three (3) feet from the rear property line. Structures may also be cantilevered to within three (3) feet of the rear property line. Note: An additional right-of-way dedication will be required to widen the alley to twenty-four(24) feet for mixed use and commercial projects. No more than one-half (1/2) of the total alley dedication shall be from one (1) side. 4.3.09 Setback(Upper Story). The covered portion of all stories above the second shall be set back an average of an additional ten (10) feet from the second story facade 4.3.10 Open Space. Public open space and pedestrian access, subject to approval of the Director, may be required for development projects one full block or greater in size; in order to assure a predominantly visitor-serving orientation. G:DWNTWNSP 28 Downtown Specific Plan Revised 2/06/02 LML � �: MIASMA; II CLEI00 I t;l -t--] t; ut;uu fl L L L �UL�JU�1u�00 ,al" �e�� NIA DISTRICTX2 DOWNTOWN SPECIFIC PLAN 4.4 DISTRICT#2: RESIDENTIAL Pu_rose. 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#l. 4.4.01 Permitted Uses. The following residential uses may be allowed in District No. 2: For example: (a) Single Family Detached Dwellings that =.�comply with the development standards of 1-'i�z herein may be allowed subject to approval by the- Director. All standafds within the Downtown Sp ;fie Pl., Dist. et 2 shall apply (Resolution l*ie. 57609--. (1) Parking requirements shall be subject to Section 231.04 of the HBZSO, RMH-A District. as Yeguir-ed for-single- unit dwellings for-the �ldt9,� �fe,v�leareas in Aftiele 960- (2) Open spaeO Fe-quir-ements shall be as r-equir-ed for-the Oldtown/Townlet areas (3) Maximum building height shall be three stories and 35 feet. All provisions of Section 210.06 (M) (1) shall apply except for subdivisions ( c), (d)(1), and (d)(2) including its subparts *4ty- (30) feet fv main„ dwelling s -an .,f;#ee !1 G\ feet f a + t, a feetg In addition, the building height in the front and rear 25 of the lot shall be a the maximum building height shall be twenty tie(222) of 25 feet. within, twenty five (75) feet f the f E) t P t line. (4) See Section 4.4.02 Minimum par-eel size shall be as stated tiele 913. (5) The e +++s f Seet; 9130.13 shall ply, ifieluding sifigle unit (b) New construction of mMulti-family housing, apartments, condominiums, single family detaehod dwelling that d of eemplywith C b t'efi (a) above, and stock-cooperatives are subject to the approval of a Conditional Use Permit from the Zoning Administrator. 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 floor area ratio (FAR) permitted for detached single-family residential development shall be 1.0 excluding area for vehicle parking and loading. The maximum allowable number of residential dwelling units (du) shall increase as the parcel size increases according to the following: G:DWNTWNSP 30 Downtown Specific Plan Revised 2/06/02 Lot Size(Frontage) Maximum Allowable Density less than 50' 1 du 50' 4 du 5 F up to full block 1 du/1,452 sq. ft. of net lot area or 30 units per net acre A maximum floor area ratio of 1.0 shall be permitted for single family residential dwellings. No floor area ratio will apply to multi family dwellings in this district. 4.4.04 Maximum Building Height: See 4.4.01 (3) above 4.4.05 Maximum Site Covera,2e. The maximum site coverage shall be fifty(50) percent of the net site area. 4.4.06 Setback(Front Yard). The minimum front yard setback for all structures exceeding forty-two (42) inches in height shall be as follows: (a) Parcels fronting on PCH, require a minimum setback of twenty-five(25) feet. This setback shall be limited to landscaping (planting) only and shall be designed to be compatible with the Bluff Top landscaping located across Pacific Coast Highway. Parcels fronting all other streets require a minimum setback of 15 feet and a minimum 40 percent of the setback area shall be landscaping (planting). Note: This setback may be reduced by five (5) feet on up to fifty(50) percent of the frontage, provided that the average setback for the total site frontage is not less than twenty-five (25) feet. (b) Parcels fronting all other streets except PCH, require fifteen (15) feet. This setback may be reduced to eight(8) feet on up to fifty(50) percent of the frontage provided that the average setback for the total site frontage is not less than fifteen (15) feet. 4.4.07 Setback(Side Yard). The minimum aggregate side yard requirements shall be as follows: 4.14.2.1.1Parcels with one hundred (100) feet or less of frontage require twenty(20) percent of the lot frontage, with not less than three (3) feet on a side. Exterior yards require not less than five (5) feet from a public ROW. 4.14.2.1.2Minimum 25 feet lot width: 10 percent of lot width, three feet minimum, five feet maximum. 4.14.2.1.3Lots.greater than 25 feet in width: 20 percent of lot width, three feet minimum. 4.14.2.1.4Exterior side yards require not less than five feet from a public right-of-way. Exception: Garages located on a single twenty-five (25) foot wide lot*, will be allowed an exterior yard reduction to not less than three (3) feet from a public ROW. G:DWNTWNSP 31 Downtown Specific Plan Revised 2/06/02 *Note: Twenty-five (25) foot wide lots may have a zero interior side yard setback on one side if 1) adjacent property is under same ownership and developed at the same time; 2) at least five (5) feet is provided on the opposite side yard of both properties; 3) no portion of a building at a zero lot line is closer than six(6) feet to an adjacent building, if the buildings are not abutting. (b) Parcels with greater than one hundred (100) feet but less than a half block of frontage require twenty(20) percent of the frontage, with not less than seven (7) feet on any interior yard, and not less than fifteen (15) feet for an exterior yard, from a public ROW. (c) Parcels with greater than a half block of frontage require not less than seven(7) feet on any interior yard and not less than fifteen (15) feet for an exterior yard, from a public ROW. G:DWNTWNSP 32 Downtown Specific Plan Revised 2/06/02 4.4.08 Setback(Rear Yard). The minimum rear yard setback shall be as follows: (a) Parcels fronting on PCH require not less than three (3) feet. Note: An additional right-of-way dedication will be required to widen the alley to twenty(20) feet. No more than one-half(1/2) of the total alley dedication shall be from one (1) side. (b) Parcels fronting all other streets, except PCH, require not less than seven and one- half(7.5) feet. Structures may be cantilevered into this setback, however, not closer than two and one-half(2.5) feet from the rear property line. 4.4.09 Setback(Upper Story). The covered portion of all structures above the second shall be setback an average of an additional ten(10) feet from the second story facade. 4.4.10 Open Space: (a) Projects which maintain the twenty-five (25) foot front setback along Pacific Coast Highway shall be allowed to use the front setback area towards common open space. Any encroachments into the twenty-five (25) foot front setback area shall require common open space to be located behind the front setback. (b) No public open space shall be required in this District. 4.4.11 Resource Production Overlay. A portion of District#2 is designated with an Oil Suffix (O, 01). Within this area, all the requirements of the resource production overlay shall apply(see Section 4.14). G:DWNTWNSP 33 Downtown Specific Plan Revised 2/06/02 PECAN ORANGE OLIVE E A x WALNLT:E can JL �., X � z w w u) z o �. '' M1 : d PACIFIC COAST HWY. PACIFIC OCEAN $/it/%DW-3&= DISTRICT #3 11ijoPLANNING DEPARTMENTHUNTINGTON BEACH DOWNTOWN DOWNTOWN SPECIFIC PLAN HUNnNCTUN BEACH 32 4.5 DISTRICT#3: VISITOR-SERVING COMMERCIAL Purpose. This District is limited to the five blocks fronting on Pacific Coast Highway across from the City pier. The visitor-serving category is broad enough to include many commercial activities which will also serve the needs of the surrounding community, providing an off-season clientele for the District. The plan also allows residential and office uses in this District so long as the required visitor-serving commercial is provided. Large amounts of ground level open space are encouraged in this District to further promote the feeling of openness and to provide additional view opportunities. Boundaries. District#3 includes the area between PCH and Walnut, from 6th to 1 st Street. 4.5.01 Permitted Uses. (a) The following list of uses which establishes a commercial core and which serves as the transition between visitor-serving and year round commercial uses in District No. 3 may be allowed. Other visitor serving related uses as described in the Land Use Plan, and which may have the same parking demand as the existing use not specified herein may be allowed pursuant to (d) below subject to the approval of the Director. Change of use shall be subject to the approval of the Director: For example: Art gallery Bakeries Banks and savings and loans branch offices (no drive-up windows; not to exceed five thousand (5,000) square feet) Barber, beauty, manicure shops Beach, swimming and surfing equipment Bicycle sales, rental and repair Boat and marine supplies Bookstores Carts and Kiosks_pursuant to Section 230.94 of the Huntington Beach Munieipal rode Zoning and Subdivision Ordinance Clothing stores Delicatessens Drug stores Florists Ice cream parlors Newspaper and magazine stores Newsstands Outdoor dining pursuant to S.4.2.33 Photographic equipment sales Photographic processing Shoe stores . Sporting goods Tourist related public and semi-public buildings, services and facilities Travel Agency G:DWNTWNSP 35 Downtown Specific Plan Revised 2/06/02 (b) The following list of uses Genst-,.^+�^�, or change of such use in District No. 3 may be allowed pursuant to (d) below subject to approval of a Conditional Use Permit from the Zoning Administrator: For example: Liquor stores Restaurants Retail sales, outdoor Theaters Note: The ground floor or street level of all buildings in this District shall be devoted to visitor-serving commercial activities. (c) The following list of uses and any new construction, or change of such use in District No. 3 may be allowed pursuant to (d) below subject to approval of a Conditional Use Permit from the Planning Commission: F€or example: Hotel and licensed bed and breakfast designed as a commercial establishment Dancing and/or live entertainment Health and sports clubs Permanent Parking lots and parking structures Residential uses pursuant to (d) (d) All uses and new construction shall comply with the following development requirements: •. (E)The ground floor or street level of all buildings in this District fronting Main Street and Pacific Coast Highway shall be devoted to visitor-serving commercial activities. • (4)Visitor-serving commercial uses must be a part of all development proposed in this District with a minimum requirement that the entire street level, or at least one-third (1/3) of the total floor area be devoted to visitor-serving commercial uses. • (e)Residential uses shall only be permitted if the development includes consolidation of a one block or greater area. Net. Residential uses are allowed only in conjunction with visitor-serving commercial uses. Up to one-half(1/2) of the floor area of projects may be devoted to residential uses. • (4)The required visitor-serving commercial portion of any project shall be provided prior to or at the same time as any residential portion. No residential unit shall be occupied until the required commercial portion is complete. • (g)In the event of a consolidation of a minimum one block area, non-priority (residential) uses may be located in separate structures or on separate portions of the parcel in the context of a planned development, provided no less than one- half of the total floor area permitted is devoted to visitor-serving uses, and provided that substantial public open space and pedestrian access amenities are provided to maintain a predominantly visitor-serving orientation. 4.5.02 Minimum Parcel Size. The minimum parcel size for development shall be 2,500 square feet of net site area and twenty-five (25) feet of frontage. G:DWNTWNSP 36 Downtown Specific Plan Revised 2/06/02 4.5.03 Maximum Density/Intensity. The maximum intensity of development shall be calculated by floor area ratios (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 floor area for developments in this District shall be calculated with the following multiples: Lot Size Maximum FAR less than half block 2.0 one-half block-full block 2.5 full block or greater 3.0 (b) The maximum allowable number of residential dwelling units (du) shall be 1 du/ 1,452 square feet of net lot area or thirty(30) units per net acre. 4.5.04 Maximum Building Height. The maximum building height shall be as follows: Lot Size He_ight less than full block 3 stories/35 feet full block or greater 4 stories/45 feet 4.5.05 Maximum Site Coverage. No maximum site coverage required. 4.5.06 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. Parcels fronting on Main Street must develop to a build-to-line* five (5) feet from the property line. *Note: The build-to requirement can be satisfied by extending any of the following to five (5) feet of the property line: 1) the facade of the ground floor level; 2) a plaza or patio used for open-air commercial activity; 3) a low-wall or fence (not exceeding forty- two (42) inches in height), planters or other architectural features, which extend along at least fifty(50) percent of the frontage along the lot line; 4) two (2) side walls and second story facade. Note: The following may be permitted in the front yard setback on 5th Street, 3rd Street, Main Street, First Street and PCH: benches, bicycle racks, transparent wind screens and open-air commercial facilities. Note: An additional ROW dedication will be required for parcels fronting on PCH of five (5) feet, for additional parkway and sidewalk; and two and one-half(2-1/2) feet for parcels fronting on Sixth Street. 4.5.07 Setback(Side Yard). The minimum aggregate side yard requirements shall be as follows: (a) Parcels fronting on Sixth, Second and Lake Streets require twenty(20) percent of lot frontage, with not less than seven (7) feet for an interior yard and not less than fifteen (15) feet for an exterior yard, from a public ROW. G:DWNTWNSP 37 Downtown Specific Plan Revised 2/06/02 (b) Parcels fronting on Fifth, Main and Third Streets and Pacific Coast Highway require zero for an interior yard. Exterior side yard requirements shall equal the front yard setback for the respective street. 4.5.08 Setback(Rear Yard). The minimum rear yard setback shall be three (3) feet from the rear property line. Structures may also be cantilevered to within three (3) feet of the rear property line. Note: An additional ROW dedication will be required to widen the alley to twenty-four (24) feet. No more than one-half(1/2) of the total alley dedication shall be from one (1) side. 4.5.09 Setback(Upper Story. Upper story setbacks for this District shall be as follows: (a) Parcels fronting PCH, 6th, 2nd and First Streets: all stories above the second shall be set back an average of twenty-five (25) feet from the ultimate street ROW. Up to fifty(50) percent of the building frontage may be set back fifteen (15) feet from the ROW, providing that the average setback on upper stories is no less than twenty-five (25) feet. (b) Parcels fronting on 5th and 3rd Street: any part of the building facade above the second story shall be set back ten(10) feet from the first story facade. (c) Parcels fronting on Main Street: no building or portion of a building above the second story shall be within ten (10) feet of the build-to line. (d) Structures exceeding thirty-five (35) feet in height: the portion of the structure above 35 feet in height shall be set back a minimum of ten (10) feet from the interior side yard property line. 4.5.10 Open Space. All development projects within this District shall provide public open space. A minimum of ten (10) percent of the net site area must be public open space. (a) Full block developments on Main Street require public plazas at the corner of PCH and Main Street. These street level public plazas shall be incorporated into the design of the development and approved by the Director. Such plazas shall have the following characteristics: Location: street level corner; one side must face Main Street. Area: not less than one thousand (1,000) square feet excluding public right-of-way. Landscaping: not less than thirty(30.) percent of the plaza area should be planted. Paving: all paved areas shall be textured. Visual Feature: plazas must include a sculpture, fountain, information kiosk, pond, display, or similar visual amenity. Public Seating shall be provided. Open Air Commercial: not more than fifty(50) percent of the plaza area may be used for open air commercial uses. G:DWNTWNSP 38 Downtown Specific Plan Revised 2/06/02 AtW IUUU - PECAN ORANGE OLIVE E. cn H cn WALNUT ZrA x w cn con �- z wL L x H 0 W w PACIFIC COAST HWY. PACIFIC OCEAN taw um�tm DISTRICT #4 IJ HUNTINGTON BEACH CALIFORNIA PLANNING DEPARTMENT DOWNTOWN SPECIFIC PLAN HUNnNGTON BEACH 37 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 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 ursuant to Section 230.94 of the Huntington Beach i6ipal GO& 'AP, ning and Subdivision Ordinance. 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 2 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 from the Zoning Administrator: 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; G:DWNTWNSP 40 Downtown Specific Plan Revised 2/06/02 Be provided with secured, designated parking. 4.6.02 Minimum Parcel Size. The minimum parcel size for development shall be twenty-five hundred(2500) square feet and twenty(25) feet of frontage. However, existing lots twenty-five (25)feet in width or greater shall not be subdivided to create smaller parcels. 4.6.03 Maximum Density/Intensity. The maximum intensity of development shall be calculated by Floor Area Ratio (FAR) for the District. The Floor Area Ratio shall apply to the whole District. The Floor Area Ratio shall be 1.5 calculated on net acreage. Lot Size(Frontage) Maximum Allowable Density Less than 50' 1 du 5 F up to full block 1 du/1,452 sq. ft. of net lot area or 30 units per net acre 4.6.04 Maximum Buildiniz Hei,ht. The maximum building height shall be thirty-five (35) feet and no more than three (3) stories. 4.6.05 Maximum Site Coveray-e. The maximum site coverage shall be fifty(50) percent of the net site area. 4.6.06 Setback(Front Yard). The minimum front yard setback for all structures exceeding forty-two (42) inches in height, shall be fifteen (15) feet. Note: An additional ROW dedication will be required for parcels fronting on Sixth Street, of two and one-half(2-1/2) feet. 4.6.07 Setback(Side Yard). The minimum aggregate side yard requirements shall be as follows: (a) Parcels with one hundred (100) feet or less of frontage require twenty (20) percent of the lot frontage, with not less than three (3) feet on a side. Exterior yards require not less than five (5) feet from a public ROW. Exception: Garages located on a single twenty-five (25) foot wide lot., will be allowed an exterior yard reduction to.not less than three (3) feet from a public ROW. *Note: Twenty-five (25) foot wide lots may have a zero interior side yard setback on one side if: 1) adjacent property is under same ownership and developed at the same time; 2) at least five (5) feet is provided on the opposite side yard of both properties; 3) no portion of a building at a zero lot line is closer than six (6) feet to an adjacent building, if the buildings are not abutting. (b) Parcels with greater than one hundred (100) feet but less than a half block of frontage require twenty (20) percent of the frontage, with not less than seven (7) feet on any interior yard, and not less than fifteen (15) feet for an exterior yard, from a public ROW. (c) Parcels with greater than a half block of frontage require not less than seven (7) feet on any interior yard and not less than fifteen (15) feet for an exterior yard, from a public ROW. G:DWNTWNSP 41 Downtown Specific Plan Revised 2/06/02 4.6.08 Setback(Rear Yard). The minimum rear yard setback shall be three(3) feet from the rear property.line. Structures may also be cantilevered to within three (3) feet of the rear property line. Note: An additional ROW dedication may be required to widen the alley to twenty-four (24) feet). No more than one-half(1/2) of the total alley dedication shall be from one (1) side. 4.6.09 Setback(Upper Story). The covered portions of all stories above the second shall be set back an average of an additional ten (10) feet from the second story facade. 4.6.10 Open Space. No public open space shall be required in this District. G:DWNTWNSP 42 Downtown Specific Plan Revised 2/06/02 Aw PECAN I ORANGE OLIVE En p t~ 3� WALEn En NUJ (n z z z z—L wJL 10 JL u x z o PACIFIC COAST HWY. PACIFIC OCEAN spud ouricm DISTRICT #5 j HUNTINGTON BEACH CALIFORNIA PLANNING DEPARTMENT DOWNTOWN SPECIFIC PLAN f"t NGMN BEACH 41 4.7 DISTRICT#5: MIXED-USE; COMMERCIAUOFFICE/RESIDENTIAL Purpose. This District includes the blocks on either side of and including Main Street, and constitutes the oldest commercial area in the City. The purpose of this District is to re-establish the area as the Downtown for the City by creating a more urban atmosphere, encouraging relatively higher intensity development with viable commercial office and residential uses. View corridors along with height and orientation restrictions in the development requirements of this District are intended to focus development on the Main Street corridor. The Main Street-pier axis is intended to be an active, vital and interesting pedestrian way, intersecting with and complementing the visitor-serving commercial area on PCH and the pier area. The District promotes mixed uses of commercial, office and residential developments. Boundaries. District#5 includes the area from the alley between 6th and 5th Streets to the alley between 3rd and 2nd Streets and the 1st Street frontage (on the northwest side) from Walnut to Orange Avenues. 4.7.01 Permitted Uses. (a) The following list of uses which establishes a commercial core and which serves as the transition between visitor-serving and year round commercial uses in District No. 5 may be allowed. Other commercial/office/residential related uses not specified herein may be allowed pursuant to (d) below 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 and savings and loans branch offices Barber, beauty, manicure shops Beach, swimming and surfing equipment Bicycle sales, rental and repair Boat and marine supplies Bookstores Boutiques Carts and Kiosks_pursuant to Section 230.94 of the Huntington Beach mufti,ipal Zoning and Subdivision Ordinance Clothing stores Delicatessens Drug stores Dry cleaning Florists Groceries General retail Hardware stores Hobby supplies Ice cream parlors Jewelry stores Laundromats Newsstands Office Supplies G:DWNTWNSP 44 Downtown Specific Plan Revised 2/06/02 Offices Outdoor dining pursuant to S.4.2.33 Photographic equipment sales Photographic processing Public facilities Shoe repair Shoe stores Sporting goods Stationery stores Tailor shops Travel agency (b) The following list of uses and any new eenstfuetion, or change of such use in District No. 5 may be allowed pursuant to (d) below subject to approval of a Conditional Use Permit from the Zoning Administrator: For example: Liquor stores Restaurants (hc) The following list of uses and any new construction, or change of such use in District No. 5 may be allowed pursuant to (dJ below subject to approval of a Conditional Use Permit from the Planning ommission: For example: Dancing and/or live entertainment Health and sports clubs Permanent parking lots and parking structures Residential uses as part of a Mixed Use Development (d) All uses and new construction shall comply with the following development requirements: • (,&)The street level of all buildings fronting Main Street and 5th Street in this District shall be devoted to commercial activities. (3 Commercial or residential may be permitted on the street level between Olive and Orange Avenue fronting 5th Street and 3rd Street. • (4)The following uses may be permitted above the first floor: (i) Commercial Use - all commercial uses allowed on the first floor may be allowed on the second floor. (ii) Office Use - professional, general business and non-profit offices provided that: No sales either wholesale or retail which involve delivery of any goods or material to or from the premises occur. No inventory is kept on the premise other than samples. No processing, manufacturing, storage or repair of merchandise of any kind occurs. • (4 4 Residential Use —Multiple family rResidential uses are allowed only in con�lunction with commercial uses in this District. Detached single family units are not permitted. Up to one-third(1/3) of the floor area of projects on parcels smaller than one-half(1/2) block may be devoted to G:DWNTWNSP 45 Downtown Specific Plan Revised 2/06/02 residential uses; projects on one-half(1/2) block or larger parcels, except projects fronting on Main St., up to two-thirds (2/3) of the floor area may be devoted to residential uses; projects on full block or larger parcels, fronting on Main St., up to one-half(1/2) of the floor area may be devoted to residential uses provided that residential uses in addition to the following: Be segregated to a 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; Be provided with secured, designated parking. 4.7.02 Minimum Parcel Size. The minimum-parcel size for development shall be twenty-five hundred(2500) square feet and twenty-five (25) feet of frontage. 4.7.03 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 2.0 calculated on net acreage. (a) The maximum allowable number of residential dwelling units (du) shall be 1 du/1,742 square feet of net lot area or twenty-five (25) units per net acre. 4.7.04 Maximum Building Height. The maximum building height shall be as follows: Lot Size(Frontage) Height less than a full block 3 stories/35 feet full block 4 stories/45 feet 4.7.05 Maximum Site Coverage. No maximum site coverage shall be required in this District. 4.7.06 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 develop within five (5) feet of the property line. *Note: The build-to requirement can be satisfied by extending any of the following to five (5) feet of the property line: 1) the facade of the ground floor level; 2) a plaza or patio used for open-air commercial activity; 3) a low-wall or fence (not exceeding forty- two (42) inches in height), planters or other architectural features, which extend along at least fifty(50) percent of the frontage along the lot line; 4) two (2) side walls and second story facade. G:DWNTWNSP 46 Downtown Specific Plan Revised 2/06/02 Note: The following may be permitted in the front yard,setback on Fifth Street, Third Street, and Main Street: benches, bicycle racks, transparent wind screens and open-air commercial facilities. 4.7.07 Setback(Side Yard). The minimum side yard requirements shall be as follows: (a) Interior yard requirements shall be zero. (b) Exterior yards require five (5) feet from a public ROW. 4.7.08 Setback(Rear Yard). The minimum rear yard setback shall be three (3) feet from the rear property line. Structures may also be cantilevered to within three(3) feet of the rear property line. Note: An additional ROW dedication will be required to widen the alley to twenty-four (24) feet. No more than one-half(1/2) of the total alley dedication shall be from one (1) side. 4.7.09 Setback(Upper Story. The covered portion of all stories above the second shall be set back an average of an additional ten (10) feet from the second story facade. 4.7.10 Open Space. Parcels within this district having one hundred(100) feet or more of street frontage, shall provide public open space. All non-residential developments shall provide a minimum of ten (10) percent of the net site area as public open space. Exception: Mixed use developments which include residential units, may reduce the public open space to five (5) percent of the net site area. Full block developments on Main Street require public plazas. These street level public plazas shall be incorporated into the design of the development and approved by the Director. Such plazas shall have the following characteristics: Location: street level corner; one side must face Main Street. Area: not less than one thousand(1,000) square feet excluding public right-of- way. Landscaping: not less than thirty(30) percent of the plaza area should be planted. Paving: all paved areas shall be textured. Visual Feature: plaza must include a sculpture, fountain, information kiosk, pond, display, or similar visual amenity. Public Seating shall be provided. Open Air Commercial: not more than fifty(50) percent of the privately owned publicly used plaza area may be used for open air commercial uses. G:DWNTWNSP 47 Downtown Specific Plan Revised 2/06/02 PALM ACACIA , k PECAN x" ORANGE IVE E-: A F � WALNtJ� � x zDOE - z z H z w N W w E~ PACIFIC COAST HWY. DISTRICT #6 PLANNING DEPARTMENTALIFORNIA DOWNTOWN SPECIFIC PLAN HUNi1NG70N BEACH 46 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 pursuant to (d) below 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 r,r,.,,ieipal Zoning and Subdivision Ordinance 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 Travelagency Undertakers G:DWNTWNSP 49 Downtown Specific Plan Revised 2/06/02 (b) The following list of uses , or change of such use in District No. 6 may be allowed pursuant to (d) below subject to approval of a Conditional Use Permit from the Zoning Administrator: For example: Liquor stores Restaurants (be) The following list of uses and any new construction, or change of such use in District No. 6 may be allowed pursuant to (d) below subject to approval of a Conditional Use Permit from the Planning commission: For example: Dancing and/or live entertainment Health and sports clubs Permanent parking lots and parking structures Residential Uses (d) All uses and new construction shall comply with the following development requirements: • (e)Residential uses are allowed in conjunction with commercial uses and/or separate from commercial uses in this district subject to conditional use permit from the Planning Commission or Zoning Administrator. Single family dwellings are subject to Director approval. The following shall apply: (4)The ground level uses of all buildings fronting Main Street between Orange Ave. and Acacia Ave. shall be devoted to commercial. (de) 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) Hecht less than 100' 2 stories/30 feet G:DWNTWNSP 50 Downtown Specific Plan Revised 2/06/02 100'_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. Note: The build-to requirement can be satisfied by extending any of the following to within five (5) feet of the Property line: 1) the facade of the ground floor level; 2) a plaza or patio used for open-air commercial activity; 3) a low-wall or fence(not exceeding forty-two [42] inches in height), planters or other architectural features, which extend along at least fifty(50) percent of the frontage along the lot line; 4) two (2) side walls and second story facade. Note: The following may be permitted in the front yard setback on Fifth Street, Third Street and Main Street: benches, bicycle racks, transparent wind screens and open-air commercial facilities. 4.8.07 Setback(Side Yard). The minimum side yard requirements shall be as follows: (a) Interior yard requirements, for residential development, shall be ten(10) feet; non residential may be reduced to zero. (b) Exterior yards require not less than fifteen (15) feet, from a public ROW. 4.8.08 Setback(Rear Yard). The minimum rear yard setback shall be three (3) feet from the rear property line. Structures may also be cantilevered to within three (3) feet of the rear property line. Note: An additional ROW dedication will be required to widen the alley to twenty-four (24) feet. No more than one-half(1/2) of the total alley dedication shall be from one (1) side. 4.8.09 Setback(Upper Story). The covered portion of all stories above the second shall be setback an average of an additional ten (10) feet from the second story facade. 4.8.10 Open Space. Parcels within this District having one hundred (100) feet or more of street frontage, shall provide public open space. All non-residential developments shall provide a minimum of five percent(5%) of the net site area as public open space on the street level, or above a semi-subterranean parking structure. Access to the public space shall be provided from the street level. Mixed use developments which include residential units, shall also provide public open space to five (5) percent of the net site area. Full block developments on Main Street require public plazas. These street level public plazas shall be incorporated into the design of the development and approved by the Director. G:DWNTWNSP 51 Downtown Specific Plan Revised 2/06/02 "11X1XOo••"""E'" DOWNTOWN SPECIFIC PLAN 4.9 DISTRICT#7: VISITOR-SERVING.COMMERCIAL Purpose. This District extends southeast of the Downtown core adjacent to Pacific Coast Highway. The principal purpose of this District is to provide commercial facilities to serve seasonal visitors to the beaches as well as to serve local residents on a year round basis. This District also provides a continuous commercial link between the Downtown and the visitor-commercial/recreation District near Beach Boulevard. Boundaries. District#7 extends from First Street to Huntington Avenue between PCH and the proposed Walnut Avenue extension. 4.9.01 Permitted Uses. (a) The following list of Visitor-Serving Commercial uses in District No. 7 may be allowed. Other visitor serving related uses as described in the Land Use Plan, and which have the same parking demand as the existing use 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: F^"examplei Art gallery Bakeries Banks and savings and loans branch offices (not to exceed five-thousand (5,000) square feet) Beach, swimming and surfing equipment Bicycle sales, rental and repair Boat and marine supplies Bookstores Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach Munieipal Code- Zoning and Subdivision Ordinance Clothing stores Delicatessens Florists Groceries (convenience) Ice cream parlors Laundromats, laundries Meat or fish markets Newspaper and magazine stores Newsstands Outdoor dining pursuant to S.4.2.33 Photographic equipment sales Photographic processing Professional Office (not to exceed fifty [50] percent of total floor area) Public Transportation Center Shoe stores Sporting goods Tourist related public and semi-public buildings, services and facilities Travelagency Note: Visitor-serving commercial uses must be a part of all development proposals in this District, with a minimum requirement that the entire street level be devoted to Visitor-Serving Commercial Uses. G:DWNTWNSP 53 Downtown Specific Plan Revised 2/06/02 (b) The following list of uses and any new eanst etief , or change of such use in District No. 7 may be allowed subject to the approval of a Conditional Use Permit from the Zoning Administrator. For- example-: Automobile service stations Dancing and/or live entertainment Health and sports clubs Liquor stores Restaurants Taverns Theaters (be) The following list of uses and any new construction, or change of such use in District No. 7 may be allowed subject to the approval of a.Conditional Use Permit from the Planning Commission. For example: Hotels and motels Permanent parking lots and parking structures 4.9.02 Minimum Parcel Size. No minimum parcel size shall be required for this District. However, prior to the approval of any development, including subdivision, a master site plan for the entire District shall be approved by the Planning Commission. Development which is in conformance with the site plan may then be permitted. 4.9.03 Maximum Density/Intensity. (a) The maximum intensity of development shall be calculated by Floor Area Ratio (FAR) for the District. The floor area ratio shall apply to the whole District. The floor area ratio shall be 3.0 calculated on net acreage. .4.9.04 Maximum Building Height. The maximum building height shall be eight(8) stories. 4.9.05 Maximum Site Coverafze. The maximum site coverage shall be fifty(50) percent of the net site area. 4.9.06 Setback Front Yard). The minimum front yard setback for all structures exceeding forty-two (42) inches in height shall be fifty(50) feet from PCH. 4.9.07 Setback(Side Yard). The minimum exterior side yard requirement shall be twenty(20) feet. 4.9.08 Setback(Rear Yard). The minimum rear yard setback shall be twenty(20) feet from the proposed Walnut Avenue extension. Note: An additional ROW dedication will be required to provide for the Walnut Avenue extension. 4.9.09 Setback(Upper Story). No upper story setback shall be required in this District. 4.9.10 Open Space. Public open space and/or pedestrian access shall be required for development projects in order to assure a predominantly visitor-serving orientation. G:DWNTWNSP 54 Downtown Specific Plan Revised 2/06/02 4.9.11 Corridor Dedication. Development in District#7 shall require the dedication of a twenty(20) foot corridor between Atlanta Avenue and PCH for public access between the southern end of the Pacific Electric ROW and PCH. This requirement may be waived if an alternative public use is provided or if the corridor is deemed unnecessary by the City. Any proposal for an alternative public use must be approved by the Planning Commission. G:DWNTWNSP 55 Downtown Specific Plan Revised 2/06/02 O - D � D� 0 O L O � 0 y r�yy v r,a �K t YYALNUi as a� -ju Li 1111 lu Fri , --------------- ULi 'L-J lmL-J L L PACIFIC COAST HWY. /- DISTRICT #8 HUNTINGTON ReeNTuFORNia PLANNING PLAN DOWNTOWN SPECIFIC HUNTINGTON BEACH 4.10 DISTRICT#8: - HIGH DENSITY RESIDENTIAL Pu_tpose. This District is intended to allow high density residential uses. New residential development will provide a population base to help support the commercial and office uses in the Downtown area. Boundaries. District#8 includes two consolidated parcels; one parcel is bounded on the north by Atlanta Avenue, on the east by Huntington Street, on the south by the proposed Walnut Extension and on the west by First Street. The second includes the area north of the proposed Walnut Avenue extension between Huntington Street and Beach Boulevard. 4.10.01 Permitted Uses. (a) The following list of uses and any new construction may be allowed in District No. 8 subject to the approval of a Conditional Use Permit. For example: Permanently attached residential uses; including multi-family housing, condominiums, stock-cooperatives or apartments. Public transportation center. 4.10.02 Minimum Parcel Size. No minimum parcel size shall be required in this District. However, prior to approval of any development, a conceptual plan for Sub-area a or Sub-area b shall be approved by the Planning Commission. Development which is in conformance with the site plan may then be permitted. 4.10.03 Maximum Density/Intensity. The maximum allowable number of residential dwelling units shall be 1 du/ 1,452 square feet of net lot area or thirty(30) units per net acre. 4.10.04 Maximum Building Height. The maximum building height shall be fifty(50) feet. 4.10.05 Maximum Site Coverage. The maximum site coverage shall be fifty(50) percent of net site area. 4.10.06 Setback(Front Yard). The minimum front yard setback for all structures exceeding forty-two (42) inches in height shall be twenty(20) feet. Note: An additional ROW dedication will be required to provide for the Walnut Avenue extension. 4.10.07 Setback Side Yard). The minimum exterior side yard requirement shall be twenty(20) feet. Exception: The minimum exterior yard requirement from Beach Boulevard shall be twenty-five (25) feet. 4.10.08 Setback(Rear Yard). The minimum rear yard setback shall be twenty (20) feet. 4.10.09 Setback(Upper Story). That portion of structures which exceed thirty-five (35) feet in height shall be set back a minimum of one hundred (100) feet from the northern exterior property line. G:DWNTWNSP 57 Downtown Specific Plan Revised 2/06/02 4.10.10 Open Space. No public open space shall be required in this District. 4.10.11 Corridor Dedication. Development in District#8 shall require the dedication of a twenty(20) foot corridor between Atlanta Avenue and PCH for public access between the southern end of the Pacific Electric ROW and PCH. This requirement may be waived if the corridor is deemed unnecessary by the City. Any proposal for an alternative must be approved by the Planning Commission. 4.10.12 Resource Production Overlay. A portion of District#8 is designated with an oil suffix (0,01). Within this area all the requirements of the Resource Production Overlay shall apply(see Section 4.14). 4.10.13 Conservation Overlay A portion of District# 8 has been designated with a conservation overlay. Within this area all requirements of the Conservation Overlay shall apply(see Section 4.15). G:DWNTWNSP 58 Downtown Specific Plan Revised 2/06/02 o � - o � a� GO 0 O O � O a o coo QWYE U y a Z -- ----- - { 4�. �In Dual - oa a 0 0 0 ---f PACIFIC COAST HWY. DISTRICT #9 J, HUNTINGTON BEACH DEPARTMENT UFORNIA PLANNING DOWNTOWN SPECIFIC PLAN HUNTINGTON BEACH 4.11 DISTRICT#9: COMMERCIAURECREATION Purpose. The purpose of this District is to encourage large, coordinated development that is beach-oriented and open to the public for both commercial and recreational purposes. Boundaries. District#9 is bounded by PCH on the south, Beach Boulevard on the east, Huntington Street on the west, and on the north_ by the proposed Walnut Avenue extension. 4.11.01 Permitted Uses. (a) The following list of commercial recreation uses in District No. 9 may be allowed. Other visitor serving related uses as described in the Land Use Plan, and which have the same parking demand as the existing use not specified herein may be allowed subject to the approval of the Director. A change of use shall be subject to the approval of the Director. For example: Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach ^,�,•,,ieipal Code Zoning and Subdivision Ordinance Retail sales Tourist related uses Outdoor dining pursuant to S.4.2.33 (b) The following list of uses and any new eenst ,etie„, or change of such use in District No. 9 may be allowed subject to approval of a Conditional Use Permit from the Zoning Administrator. For example: Dancing and/or Live entertainment Recreational facilities Restaurants (c) The following list of uses and any new construction, or change of such use in District No. 9 may be allowed subject to approval of a Conditional Use Permit from the Planning Commission. For example: Hotels, motels 4.11.02 Minimum Parcel Size. No minimum parcel size shall be required for this District. However, prior to approval of a Conditional Use Permit by the Planning Commission for any development, a master site plan for the entire District shall be approved by the Planning Commission. Development which is in conformance with the site plan may then be permitted. .4.11.03 Maximum Density/Intensitx. 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 floor area for developments in this District shall be calculated with a multiple of 3.0. 4.11.04 Maximum Building Height. No maximum building height shall be required. G:DWNTWNSP 60 Downtown Specific Plan Revised 2/06/02 4.11.05 Maximum Site Coveraize. The maximum site coverage shall be thirty-five(35) percent of the net site area. Note: A maximum of twenty-five (25) percent of the net site area can be used for parking and vehicular accessways. 4.11.06 Setback(Front Yard). The minimum front yard setback for all structures exceeding forty-two (42) inches in height shall be fifty(50) feet, from PCH and Beach Boulevard. 4.11.07 Setback(Side Yard). The minimum exterior side yard requirement shall.be twenty(20) feet. Exception: The minimum exterior yard requirement from Beach Boulevard shall be fifty(50) feet. 4.11.08 Setback(Rear Yard). The minimum rear yard setback shall be twenty(20) feet. Note: An additional ROW dedication will be required to provide for the Walnut Avenue extension. 4.11.09 Setback(Upper Story). No upper story setback shall be required. 4.11.10 Open Space. Development projects within this District shall provide public open space. A minimum of thirty(30)percent of the net site area must be provided for such a purpose. This area shall be available for public or semi-public uses for recreational purposes. Open space must have minimum dimensions of twenty-five (25) feet in each direction . Paved areas devoted to streets, driveways and parking areas may not be counted toward this requirement. A maximum of fifteen (15) percent of the required thirty(30) percent may be enclosed recreation space such as gyms, handball courts, health clubs, interpretive centers or similar facilities. A fee may be imposed for the use of such facilities. 4.11.11 Pedestrian Overpass. A pedestrian overpass may be required to connect the development in this District to the City Beach, as a condition of approval for any new development on, or further subdivision of, parcels within the District. The City may waive this requirement if the City determines that overpasses are unnecessary or impractical considering the type and design of new developments. 4.11.12 Mobile home District. A portion of District#9 is zoned for mobile home use. Within this mobile home area, the provisions of the Mobile home District of the Huntington Beach Zoning and Subdivision Ordinance Code shall apply(see Section 4.16). G:DWNTWNSP 61 Downtown Specific Plan Revised 2/06/02 Ll tl -ORANGEIn � DISTRICT #]0 HUNTINGTON BEACH � PLANNING DEPARTMENT �� DOWNTOWN SPECIFIC PLAN 4.12 DISTRICT#10: PIER-RELATED COMMERCIAL Purpose. This District is intended to provide for commercial uses on and alongside the pier which will enhance and expand the public's use and enjoyment of this area. Uses are encouraged which capitalize on the views available from the pier and the unique recreational or educational opportunities it affords. At the same time,care must be exercised to insure that the major portion of the pier will remain accessible to the public at no charge, for strolling, fishing or observation. Boundaries. Shall be consistent with the Coastal Element of the General Plan. 4.12.01 Permitted Uses. (a) The following list of pier related commercial uses in District No. 10 may be allowed. Other pier related uses as described in the Land Use Plan, and which have the same parking demand as the existing use not specified herein may be allowed subject.to the approval of the Director. A change of use shall be subject to the approval of the Director. For example: Bait and tackle shops Beach rentals Carts and Kiosks ursuant to Section 230.94 of the Huntington Beach ,�,►.,,,ieipal redo Loning and Subdivision Ordinance Retail sales (beach-related) Outdoor dining pursuant to S.4.2.33 (b) The following list of uses and any„ew eanst ��*��„, or change of such use in District No. 10 may be allowed subject to approval of a_Conditional Use Permit from the Zoning Administrator FEW 0Xffl3API@: Commercial uses or public recreation facilities (beach-related) Museums Restaurants (including fast food with take out windows) (c) The following list of uses and any new construction, or change of such use in District No. 10 may be allowed subject to approval of a Conditional Use Permit from the Planning Commission Far- example: Aquariums Parking lots that will not result in the loss of recreational sand area. Tiered parking is permitted within the Downtown Specific Plan area on existing lots seaward of Pacific Coast Highway provided the parking is designed so that the top of the structures including walls, etc., are located a minimum of one foot below the maximum height of the adjacent bluff. Note: Only parking uses are permitted in this District northwest of Sixth Street. 4.12.02 Minimum Parcel Size. No minimum parcel size shall be required in this District. 4.12.03 Maximum Density/Intensity. No maximum density or intensity requirement shall be applied in this District. 4.12.04 Maximum Height. The maximum building heights shall be twenty-five (25) feet and no more than two (2) stories above the pier level. G:DWNTWNSP 63 Downtown Specific Plan Revised 2/06/02 Exception: The maximum building height on the pier (excluding the end of the pier cafe) and northwest of the pier shall be one (1) story. No maximum building height shall be required for lifeguard towers or other facilities necessary for public safety. No parking surface or structure shall exceed the minimum of one foot below the maximum height of the adjacent bluff. 4.12.05 Maximum Site Coverage. No maximum site coverage shall be required. Exception: No more than twenty-five (25) percent of the pier shall be covered by any building or roofed structure. In addition,buildings or other roofed structures shall not be constructed along more than twenty-five (25) percent of the perimeter of the pier. 4.12.06 Setback(Front Yard). No minimum front yard setback shall be required. 4.12.07 Setback(Side Yard). No minimum side yard setback shall be required. 4.12.08 Setback(Rear Yard). No minimum rear yard setback shall be required. 4.12.09 Setback(Upper Story). No minimum upper story setback shall be required. 4.12.10 Open Space. Public open space and pedestrian access shall be major considerations of development in this District. All new development shall provide sufficient clear width along the length of the pier for public access, emergency and service vehicles. In addition, public walkways along the pier edge or around the perimeter of new development must be provided. G:DWNTWNSP 64 Downtown Specific Plan Revised 2/06/02 46 H uu uu h�� ON RU UU lfl M UU ID UU IE M U0 M OU M UU OU UnM ID[E uu uu uu uu uu uu uu uu uu [E M I U[ FlIFIM MR JM . u ME M uu Zu uu nu M D FIE 00 00 00 00 00 00 00[10 00 00 00[11 DISTRICT #11 � N� DOWNTOWN SPECIFIC PLAN �q.�X xxaur�m�...�. 4.13 DISTRICT#11: BEACH OPEN SPACE Purpose. This District is intended to preserve and protect the sandy beach area within the Downtown Specific Plan boundaries while allowing parking and auxiliary beach- related commercial and convenience uses. Approximately half of the beach frontage in the District is City beach;the remainder is owned by the State.of California. Boundaries. District#11 is bounded by PCH on one side and the Pacific Ocean on the other. The District extends from Goldenwest Street to Beach Boulevard, except for the . area which is part of District#10. . 4.13.01 Permitted Uses. (a) The following list of Beach Open Space uses and public facilities in District No. 11 may be allowed subject to approval of the Design Review Board. Other related uses or public facilities not specified herein may be allowed subject to the approval of the Design Review Board. Any change of such use or public facilities shall be subject to the approval of the Director- For example: Access facilities Basketball Courts Beach concession stands* Bicycle trails and support facilities Fire rings Paddle board courts Parking lots that will not result in the loss of recreational sand area. Tiered parking is permitted within the Downtown Specific Plan area on existing lots seaward of Pacific Coast Highway provided the parking is designed so that the top of the structures including walls, etc., are located a minimum of one foot below the maximum height of the adjacent bluff. Park offices+playground equipment Public Restrooms Public transit facilities and associated structures, dressing rooms or showers** Shoreline construction that may alter natural shoreline process, such as groins, cliff retaining walls, pipelines, outfalls that are designed to eliminate adverse impacts on local shoreline sand supply Trails (bicycle or jogging) and support facilities Volleyball net supports *Note: Beach concession stands shall be limited to twenty-five hundred (2500) square feet and spaced at intervals no closer than one thousand (1,000) feet. Beach concession structures shall be located within or immediately adjacent to paved parking or access areas. **Note: Public transit facilities may only be constructed within the existing paved parking areas or in areas which are not part of the beach. 4.13.02 Minimum Parcel Size. No minimum parcel size shall be required. 4.13.03 Maximum Density/Intensity. No maximum density or intensity requirement shall be applied in this District. G:DWNTWNSP 66 Downtown Specific Plan Revised 2/06/02 4.13.04 Maximum Building Height. The maximum building heights shall be limited to twenty (20) feet. Exceptions: No maximum building height shall be required for lifeguard towers or other facilities necessary for public safety. No parking surface or structure shall exceed the adjacent elevation of PCH. 4.13.05 Maximum Site Coverap-e. No maximum site coverage shall be required. 4.13.06 Setback(Front Yard). No minimum front yard setback shall be required. 4.13.07. Setback(Side Yard). No minimum side yard setback shall be required. 4.13.08 Setback(Rear Yard). No minimum rear yard setback shall be required. 4.13.09 Setback ,Upper Story. No minimum upper story setback shall be required. 4.13.10 Open Space. Public open space and pedestrian access shall be major considerations of development in this District. 4.13.11 Parking. No additional parking shall be required for new development in this District. Construction which proposes the removal of existing parking, shall provide for the replacement of that parking on a one-for-one basis within the District. 4.13.12 Resource Production Overlay. A portion of District#11 is designated with an Oil Suffix(O,OI). Within this area, all the requirements of the Resource Production Overlay shall apply(see Section 4.14). G:DWNTWNSP 67 Downtown Specific Plan Revised 2/06/02 16 EMU M UUM M DU ID M M M M M M Hn H�� \ i3JERK alnulo ROM M M U M M M M mr,ImICHILMIUMMUCIME U-Elclluui --------- - li 00 DKE 100 00 00 00 00 00 00 00 -------- PACIFIC OCEAN JAI .�. ncoaeaaa q .wxoo�. .M.Nr OII. DISTRICT OVERLAY 4.14 RESOURCE PRODUCTION OVERLAY Purpose. The Downtown Specific Plan area overlies long-productive oil pools. Many facilities are still operating because of the extent of the remaining reserves, therefore oil production will continue to be permitted in parts of this area. The City provides for oil facilities by designating oil "suffix" zoning Districts in connection with an underlying base zone such as a commercial or residential District. Both oil facilities allowed by suffix and the other uses allowed by the base zone are permitted. Currently, the City has two oil suffixes the "0" which allows existing oil wells and attendant facilities but no new wells, and the "01" which allows the drilling of new wells in addition to all uses in the "0" District. These suffixes, with certain modifications, are also employed in this Specific Plan. In addition to the oil suffixes three Resource Production Overlays have been identified. Existing and/or expanded oil production may continue in these areas provided that the additional conditions outlined in this subsection are met. 4.14.01 Oil Overlay "A" The regulations in this overlay District facilitate continued oil recovery, but require all new facilities to be concentrated into a screened, soundproofed and landscaped expansion of the existing oil site and encourage the expeditious removal of existing wells from oil overlay"B". Boundaries. Oil overlay "A" includes an existing oil island located in District#2, between 19th and 18th streets from Pacific Coast Highway to the area is Walnut Avenue. Regulations. New wells and related facilities shall be permitted in accordance with the - 01 suffix and related provisions in the Huntington Beach Zoning and Subdivision Ordinance Go&provided, however, that the following additional conditions are met: (a) Any new well must be part of a secondary or other enhanced oil recovery project of used as a replacement of an existing well. (b) A schedule for abandonment of all wells operated by the project proponent which are located within Bolsa Chica State Beach shall be submitted to and approved by the Director of Development Services prior to the drilling of any new well. This schedule may be amended at the discretion of the Director of Development Services. (c) The project proponent shall agree to a memorandum of understanding with the City as a condition for approval, stating that no new wells shall be drilled by that company on Bolsa Chica State Beach (oil overlay "B") nor shall the existing wells be redrilled except, in such cases where:. 1) the redrilled well will be produced by a "subsurface" or "down-hole" pump, only, or 2) the redrilled well will be produced by other new technology with fewer visual and environmental impacts than a conventional ball and plunger, pump, or 3) an intensified screening plan is approved the Director of Development Services which substantially improves the appearance of the area. (d) The operation site hall be screened by a wall, fence, or structure in keeping with the character of the area. The site shall also be landscaped so as to ensure visual compatibility with the surrounding area. A screening and landscaping plan must G:DWNTWNSP 69 Downtown Specific Plan Revised 2/06/02 be submitted to and approved by the Director. All structures shall generally conform to the height limits and setback requirements of the base District. The Director may waive these restrictions if it would result in better overall soundproofing, odor reduction and/or visual compatibility. 4.14.2 Oil Overlay B" The regulations in this overlay facilitate continued oil recovery, wells may be redrilled if surface pumping units are replaced with a subsurface ones. Drilling of new wells may be permitted but only if the result is a significant reduction in the amount of space used for oil operations on the beach. Boundaries. Oil overlay "B" comprises a section of Bolsa Chica State Beach currently in oil production in District#11 between Goldenwest and 1 lth streets. Reizulations. Wells may be redrilled in accordance with the -0 suffix in the Huntington Beach Zoning and Subdivision Ordinance Cie-provided, however, that the following additional conditions are met: (a) The operator submits a report to the Department of Development Services explaining why there is no other feasible, environmentally less damaging inland site (such a report must be approved by the Director); or agrees to a memorandum of understanding with the City stating that the redrilled well will be produced by a subsurface or down-hole pump or other new technology with fewer visual and environmental impacts than a conventional ball and plunger pump. (b) A schedule for abandonment of all wells operated by the project proponent which are located within Bolsa Chica State Beach shall be submitted to and approved by the Director of Development Services prior to the drilling of any new well. This schedule may be amended at the discretion of the Director of Development Services. (c) All redrilling operations shall be limited to a period from October 1 to May 31, except for emergencies for which the Fire Chief may waive these seasonal restrictions, but shall require soundproofing in accordance with Title 15 of the Huntington Beach Municipal Code. New wells may be permitted if they are part of an overall consolidation plan which significantly reduces the area used for oil facilities or expedites the removal of existing oil facilities within the overlay area. A consolidation plan must be submitted to the Director of Development Services for approval before a permit for drilling any new well will be issued. All drilling operations must be conducted in accordance with the requirements of the 01 suffix in the Huntington Beach Zoning and Subdivision Ordinance Cede. 4.14.03 Oil Overlay "C" The regulations in the overlay facilitate continued oil recovery and provides for future oil production needs. Boundaries. Oil overlay "C" is an irregularly shaped site in District#8A between Lake Street and Huntington Avenue and Atlanta Avenue. G:DWNTWNSP 70 Downtown Specific Plan Revised 2/06/02 Regulations. Well drilling and red rilling shall be permitted in accordance with Title 15 of the Huntington Beach Municipal Code and with the 0 or 01 suffix and related provisions in the Huntington Beach Zoning and Subdivision Ordinance Gode. A conceptual site plan for the entire overlay area must be submitted prior to permitting any project development or subdivision of land within the overlay. The plan shall include at least one (1) oil island of not less than two (2) acres in size for new oil well drilling and oil production. Such island(s) shall be incorporated into the overall development plan so that noise, odor and visual impacts on the residences are minimized, and safe access to the oil site(s) is provided. Findings that at least one such island so designed is incorporated into the plan shall be made by the Planning Commission before approving any.development project. 4.15 CONSERVATION OVERLAY Purpose. The conservation overlay is intended to regulate those areas which have been preliminary identified as wetlands. Upon determination by the California Department of Fish and Game that an area is classified as a wetland the conditions of this overlay shall apply Boundary. The State Department of Fish and Game has identified an area within District 8B as containing .8 acres of existing wetland and 1.4 acres of restorable wetland. The 2.2 acre area is immediately adjacent to Beach Boulevard (see Figure 4.15). Regulations. Development shall be permitted only pursuant to an overall development plan for the entire overlay area and subject to the following: as a condition of any development on this parcel, topographic, vegetation, and soils information identifying the extent of any existing wetlands shall be submitted to the Director. The information shall be prepared by a qualified professional, and shall be subject to review by the California Department of Fish and Game. If any wetland is determined by the Department of Fish and Game to be severely degraded pursuant to Sections 30233 and 30411 of the California Coastal Act, or if it is less than one (1) acre in size, other restoration options may be undertaken, pursuant to the Coastal Commission's "Statewide Interpretive Guidelines for Wetlands and other Wet Environmentally Sensitive Habitat Areas." Conservation easements, dedications or other similar mechanisms shall be required over all wetland areas as a condition of development, to assure permanent protection. Public vehicular traffic shall be prohibited in wetland areas governed by a conservation easement. Specific drainage and erosion control requirements shall be incorporated into the project design to ensure that wetland areas are not adversely affected. No further subdivision of any parcel shall be permitted which would have the effect of dividing off environmentally sensitive habitat from other portions of such parcels for which urban uses are permitted in the City's Coastal Element until such time as the permanent protection of any wetland is assured. Within areas identified as wetlands in the coastal zone, the uses of the Coastal Conservation District shall supersede the uses of the FP I and FP2 district. G:DWNTWNSP 71 Downtown Specific Plan Revised 2/06/02 O _ O O 0 ti a 0 m OJ 0 o O � o 0 E a � aA ---------- --- , � z W - [q C[4 pq PACIFIC COAST HWY. 0 RESTORABLE WETLANDS ® DEGRADED WETLANDS Revised 4/B7 • y� FIGURE 4.15 J4 HUNTINGTON BEACH CAUFORNIA 5 PLANNING DEPARTMENT CONSERVATION OVERLAY HUNnNGTON BEACH F _ � FIGURE 9.16 MOBILE HOME OVERLAY PLANNING�MMuu� . 4.16 MOBILE HOME DISTRICT Purpose. The Downtown Specific Plan includes approximately 6.6 acres with a Mobile Home District(MH) designation. The purpose of the Mobile Home District is to permit present mobile home park uses to continue. The mobile home area falls within-District Nine of the Downtown Specific Plan. Boundaries. The Mobile Home District encompasses a part District 9. The following describes the real property: That portion of fractional Section 14, Township 6 South, Range 11 West, City of Huntington Beach, County of Orange, State of California, as shown on a map recorded in Book 51, page 14 of Miscellaneous Maps in the office of the County Recorder of said county, described as follows; the basis of bearing of the following description is the centerline of Lake Street north 40°38'10" east as shown on Record of Survey 87-1049 filed in Book 117, pages 21 & 22 in the office of the County Recorder of said county: Beginning at the southeast corner of the northeast quarter of said Section 14; thence south 88°42'52" west 111.91 feet; thence south 2°29'35" west 593.12 feet; thence south 24°32'06" west 386.94 feet; thence south 12°44'44" east 117.71 feet to a point in the southerly line of future Walnut Avenue per Precise Plan of Street Alignment 88-1, Ordinance No. 2961, said point being the true point of beginning; thence south 12°44'44" east 653.77 feet; thence south 78°59'52" west 82.75 feet; thence north 53°00'08" west 835.00 feet; thence north 36°59'52" east 300.00 feet; thence north 51°08'21" west 125.77 feet to a point in said southerly line of future Walnut Avenue, said point being the beginning of a non-tangent curve concave northerly having a radius of 1245.00 feet, a radial line to said point bears south 30°31'l7" west; thence easterly along said curve and said southerly line of future Walnut Avenue 552.05 feet through a central angle of 25°24'20" to the true point of beginning. the area of the herein described land is 6.635 acres, more or less. Regulations. The regulations of the Downtown Specific Plan will serve as overlays for the portion of District 9 which retains the (MH) zone, until such time that the Mobile Home District designation is removed. All areas retaining the (MH) zone shall be subject to the provisions of the Mobile Home District of the Huntington Beach Zoning and Subdivision Ordinance Cie. In addition, these areas are subject to the provisions of the Mobile Home Overlay Zones/Removal/Rezoning/Change of Use Article of the Huntington Beach Zoning and Subdivision Ordinance fie. G:DWNTWNSP 73 Downtown Specific Plan Revised 2/06/02 ATTACHMENT 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE CHAPTER 203-DEFINITIONS AN CHAPTER 241-CONDITIONAL USE PERMITS The City Council of the City of Huntington Beach does hereby ordai as follows: SECTION 1. Section 203.06 of Chapter 203 of the Huntington ach Zoning and Subdivision Ordinance is hereby amended to add the following new de itions: 203.06 Definitions Infill Lot Development. A lot contiguous to one or more existin single family residential units, excluding parcels separated by streets, a vacant parcel intende or single family development, or a parcel with an existing residential structure, which will hav 50 percent or more square footage of habitable area removed in order to remodel or construct detached single family unit. Neighborhood Notification. When no entitlements are r uired and the use requires such notification as stated in the Zoning and Subdivision Or nance, this procedure shall notify adjacent property owners and tenants of an applicant' proposed project. Structure, Accessory.A structure that is appropria , subordinate and customarily incidental to the main structure of the site and which is locate on the same site as the main structure, including swimming pools, garages, gazebos an patio covers. Structure, Minor Accessory. An accessory str cture that does not exceed 64 square feet of the floor area, 80 square feet of the roof area an a height of six feet, including storage sheds, pet shelters, playhouses, and decorative eleme ts. SECTION 2. Section 203.06 o Chapter 203 of the Huntington Beach Zoning and Subdivision Ordinance is hereby ame ed to modify the definition of"Structure" as follows: Structure. Anything constructed or rected that requires a location on the ground, excluding patios, walks, access drives, or si lar paved areas. SECTION 3. Section 2 1.02 of Chapter 241 of the Huntington Beach Zoning and Subdivision Ordinance is here y amended by adding subsection E, to read as follows: 241.02 Procedures stablished E. Neighborhood N ification is a procedure that shall notify adjacent property owners and tenants when n entitlement is required. 04ord/04zoning/chaps 203 and 241/4/5/04 1 SECTION 4. Section 241.04 of Chapter 241 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 prove or conditionally approve applications for conditional use permits or variances upon riding that the proposed conditional use permit or variance is consistent with the General Pla and all applicable requirements of the Municipal Code, consistent with the requirem is of Section 241.10. The Planning Commission shall act on all variances except the Zo ng Administrator may act on variances not exceeding twenty percent deviation from site co erage, separation between buildings, height, setback, parking, and landscape requirement . SECTION 5. Section 241.20 of Chapter 241 of the Hunting n Beach Zoning and Subdivision Ordinance, Subpart B, is hereby amended to read as f ows: B. Director. The Director shall act on temporary uses held or three or fewer consecutive days that do not include live entertainment. The Direc r shall approve, approve with conditions, or deny a complete application within a r sonable time. No notice or public hearing shall be required for uses which are held fo 4 or fewer consecutive days. Such uses shall be approved with a temporary activity p rmit. SECTION 6. Section 241.24 is hereby added Chapter 241 of the Huntington Beach Zoning and Subdivision Ordinance, said section to re d as follows: 241.24 Neighborhood Notification When no entitlement is required and the use re ires such notification as stated in the Zoning and Subdivision Ordinance, this procedure sh 1 notify adjacent property owners and tenants of an applicant's proposed project. Notification requirements when no entitle ent required. A. Notification. Ten (10) working ys prior to submittal for a building permit or certificate of occupancy, applicant shall n tice adjacent property owners and tenants by first class mail. B. Notice of Application. 1. Name of applica 2. Location of pla ed development or use, including address. 3. Complete desc iption of the proposed development or use such that there is full disclosure in e notice. 4. Planning D artment phone number and address of City Hall where plans may be reviewed. 04ord/04zoning/chaps 203 and 241/4/5/04 2 5. The date by which any comments must be received in/adoption. Plann' g Department and City appeal procedures. 6. Planning Department shall receive entire list includingdr s of those receiving the mailing. C. Appeals. The Director's decision may be appealed in accord 248. SECTION 7. This ordinance shall become effective 30 days tion.PASSED AND ADOPTED by the City Council of the City ofeach at aregular meeting thereof held on the day of 04. Mayor ATTEST: APPR ED AS TO FORM: City Clerk nq , REVIEWED AND APPROVED: C y Attorney l I'TIATED AND APPROVED: City A mimstrator J Director of Planning 04ord/04zoning/chaps 203 and 241/4/5/04 3 March 31, 2004 LEGISLATIVE DRAFT Chapter 203 Definitions (3248-6/95,3334-6/97,3482-12/00,3520-2/02,3568-9/02) Sections: 203.02 Applicability 203.04 Rules for Construction of Language 203.06 Definitions 203.02 Applicability The meaning and construction of words and phrases defined in this chapter shall apply throughout the zoning and subdivision ordinance, except where the context clearly indicates a different meaning or construction. 203.04 Rules for Construction of Language In addition to the General Provisions Chapter 1.04 of the Municipal Code, the following rules of construction shall apply: A. The particular shall control the general. B. Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows: 1. "And" indicates that all connected words or provisions shall apply. 2. "Or" indicates that the connected words or provisions apply singly. 3. "Either . . . or" indicates that the connected words or provisions shall apply singly but not in combination. 4. "And/or" indicates that the connected words or provisions may apply singly or in any combination. C. In case of conflict between the text and a diagram, the text shall control. D. All references to departments, commissions, boards, or other public agencies are to those of the City of Huntington Beach, unless otherwise indicated. E. All references to public officials are to those of the City of Huntington Beach, and include designated deputies of such officials, unless otherwise indicated. F. All references to days are to calendar days unless otherwise indicated. If a deadline falls on a weekend or City holiday, it shall be extended to the next working day. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-1 9/02 G. Chapter and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of any section hereof. H. The words "activities" and "facilities" include any part thereof. 203.06 Definitions Abutting. Having district boundaries or lot lines or combinations thereof in common. Access, Lateral. Public access along the coast. Access, Vertical. Public access from the nearest public roadway to the shoreline. Alley. A public or private way having an ultimate width of not less than 20 feet permanently reserved primarily for vehicular service access to the rear or side of properties otherwise abutting on a street. Alter. To make a change in the exterior appearance or the supporting members of a structure, such as bearing walls, columns, beams, or girders, that will prolong the life of the structure. Amendment. A change in the wording, context or substance of this ordinance, or a change in the district boundaries on the zoning map. Animal, Exotic. Any wild animal not customarily confined or cultivated by man for domestic or commercial purposes but kept as a pet or for display. Animal, Large. An animal larger than the largest breed of dogs. This term includes horses, cows, and other mammals customarily kept in corrals or stables. Animal, Small. An animal no larger than the largest breed of dogs. This term includes fish, birds, and mammals customarily kept in kennels. Antenna. Any structure, including but not limited to a monopole, tower, parabolic and/or disk shaped device in single or multiple combinations of either solid or mesh construction, intended for the purposes of receiving or transmitting communications to or from another antenna, device or orbiting satellite, as well as all supporting equipment necessary to install or mount the antenna. Antenna, Amateur Radio. An antenna array and its associated support structure, such as a mast or tower, that is used for the purpose of transmitting and receiving radio signals in conjunction with an amateur station licensed by the Federal Communications Commission. Antenna, Communication. All types of receiving and transmitting antenna, except satellite dish antenna, including but not limited to cable television antenna, wireless communication antenna, FM digital communication antenna, microwave telephone communication antenna, amateur radio antenna, and short-wave communication antenna and other similar antenna. (3568-9/02) Antenna Height. The distance from the property's grade to the highest point of the antenna and its associated support structure when fully extended. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-2 9/02 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 AL 250' .57 .53 gross acre net acre 230' 100, _I 100 203-area.BMP LOT AREA Arterial. Any street, highway or road designated as an arterial street in the General Plan. Attached Structures. Two or more structures sharing a common wall or roof. Balcony. A platform that projects from the wall of a building, typically above the first level, and is surrounded by a rail balustrade or parapet. Basement. A story partly underground and having at least one-half of its height above the average adjoining grade. A basement shall be considered as a story if the vertical distance from the average adjoining grade to the ceiling is over four feet. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-3 6/97 Roof Second Story First Story Finished If this basement ceiling is more than 4'ft. from Grade Basement average adjoining finished L _ _ _ _ grade,the basement is considered a story. 203-BASE BASEMENT Bay Window. A window that projects out from an exterior wall. Bedroom. The term bedroom includes any room used principally for sleeping purposes, an all-purpose room, a study, a den, a room having 100 square feet or more of floor area or less than 50 percent of one wall open to an adjacent room or hallway. Blockface. The properties abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, unsubdivided land, watercourse, or city boundary. LI 203-B LK BLOCKFACE Boarding House. A building with not more than five guest rooms where lodging and meals are provided for not more than 10 persons, but shall not include rest homes or convalescent homes. Guest rooms numbering six or over shall be considered a hotel. Building. Any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, chattels, or property of any kind. Caretaker's quarters. A dwelling unit on the site of a commercial, industrial, public, or semipublic use, occupied by a guard or caretaker. Carport. A permanent roofed accessory structure with not more than two enclosed sides intended for vehicle storage. Cart/Kiosk. Any portable, non motorized unit used by a vendor as described in Section 230.94. (3248-6/95,3334-6/97;3482-12/00) Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-4 12/00 City. The City of Huntington Beach. Clinic. An establishment where patients, who are not lodged overnight, are admitted for examination and treatment by one or more of a group of physicians, dentists, optometrists, psychologists, or social workers practicing together. Coastal Zone. A geographic zone adjacent to the shoreline, the boundaries of which are determined by the California Coastal Act of 1976, as amended. Collection Containers. Containers or buildings with a gross floor area of 500 square feet or less used for the deposit and storage of household articles or recyclables. Commission. The Huntington Beach Planning Commission. Community partment 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. 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. Densi . 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. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-5 6/97 Director. The Director of Planning or his or her designee. (3520-2/02) Distribution Line. An electric power line bringing power from a distribution substation to consumers. District. A portion of the city within which the use of land and structures and the location, height, and bulk of structures are governed by this ordinance. The zoning ordinance establishes "base zoning districts" for residential, commercial, industrial, public and open space uses, and 'overlay districts," which modify base district provisions and standards. Drilling. The digging or boring of a new well into the earth for the purpose of exploring for, developing or producing oil, gas or other hydrocarbons, or for the purpose of injecting water, steam or any other substance into the'earth. Dwelling, Multiple Unit. A building or buildings designed with two (2) or more dwelling units. Dwelling, Single Unit. A detached building designed primarily for use as a single dwelling, no portion of which is rented as a separate unit, except as permitted by this Code. Attached single family dwellings shall be considered as multi-family. Dwelling, Accessory Unit. A fully equipped dwelling unit which is ancillary and subordinate to a principle dwelling unit located on the same lot in the RL zone. Also known as second dwelling unit or"granny unit." Dwelling, Studio Unit. A dwelling unit consisting of 1 kitchen, 1 bathroom, and 1 combination living room and sleeping room. The gross floor area shall not exceed 500 square feet, or it shall be considered as a one bedroom unit. Also known as a single, a bachelor, or an efficiency unit. Dwelling Unit. One or more habitable rooms with only one kitchen, and designed for occupancy as a unit by one or more persons living as a household unit with common access to all living, kitchen, and bathroom areas. Energy Facility. Any public or private processing, producing, generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal, or other sources of energy. Environmental 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. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-6 2/02 Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors. (3334-6/97) Floor Area, Gross. The total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, and including halls, stairways, elevators shafts at each floor level, service and mechanical equipment rooms, and habitable basement or attic areas, but excluding area for vehicle parking and loading. Floor Area Ratio (FAR). Determined by dividing the gross floor area of all buildings on a .lot by the area of that lot. FLOOR AREA RATIO FAR of 0.5 FAR of 1.0 FAR of 1.5 203-FAR FAR Frontage. The linear length of a building which contains a public entrance or a lot measured along the property line adjacent to a street or easement. Functional Capacity. The ability of an environmentally sensitive area to be self-sustaining and to maintain natural species diversity. 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. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-7 6/97 Guest House. Living quarters within a main or an accessory building for the sole purpose of providing for persons employed on the premises, or for temporary use by guests of the occupants of the premises. Such quarters shall have no kitchen facilities, and shall be limited to one room, no greater than 500 square feet in size with no more than three plumbing fixtures. Height of Building. A vertical dimension measured from the top of the highest roof to the top of the subfloor/slab directly underneath. (See Section 230.72.) Helipad or Helistop. A heliport without auxiliary facilities such as waiting room, helicopter parking, fueling and maintenance equipment. Heliport. An area, either at ground level or elevated on a structure, that is used or intended to be used for the takeoff and landing of helicopters, and includes some or all the various facilities useful to helicopter operations, including helicopter parking, waiting room, fueling and maintenance equipment. Home Occupation. Business activity conducted in a dwelling unit in a residential district that is incidental to the principal residential use of a lot or site. 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. Infill Lot Development. A lot contiguous to one or more existing single family residential uni s, excluding parcels separated by streets, a vacant parcel intended for single family development, or a parcel with an existing residential structure, which will have 50 percent or more square footage of habitable area removed in order to remodel or construct a detached single family unit. 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. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-8 6/97 Perimeter Landscape M IMR01 € a Interior Landscape ;i Interior Landscape J1 !° Interior Landscape � a 2031antl 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 w Lot Lot Lot H Lot 'hrough W Lot w Interior Flag Interior Interior Corner Lot L°t L,ot Lot Lot Reversed Corner Lot STREET LOT TYPES 203-LOT Lot, Corner. A site bounded by two or more adjacent street lines that have an angle of intersection of not more than 135 degrees. Lot Depth. The horizontal distance from the midpoint of the front-lot line to the midpoint of the rear-lot line, or to the most distant point on any other lot line where there is no rear- lot line. Lot,Flafz. A lot with developable area connected to a street by a narrow strip of land that includes a driveway. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-9 6/97 Lot or Property Line, Rear. A lot line, not a front lot line, that is parallel or approximately parallel to the front lot line. Where no lot line is within 45 degrees of being parallel to the front lot line, a line 10 feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, shall be deemed the rear lot line. Lot or Property Line, Front. The street property line adjacent to the front yard. Lot or Property Line, Interior. A lot line not abutting a street. Lot or Property Line, Side. Any lot line that is not a front lot line or a rear lot line. Lot or Property Line, Street. A lot line abutting a street. Lot, Reverse Corner. A corner lot, the side line of which is substantially a continuation of the front lot line of the lot to its rear. Lot, Street-Alley. An interior lot having frontage on a street and an alley. Lot, Through. A lot having frontage on two dedicated parallel or approximately parallel streets. Lot Width. The mean of the horizontal distance between the side lot lines measured at right angles to the lot depth at mid-points 20 feet from the front lot line and 20 feet from the rear lot line, or from the rearmost point of the lot depth in cases where there is no rear lot line. Front Lot Line Front Lot Line x w -Y Q Z O O a O V Lot Width=(x+y)/2 LOT WIDTH 203-I.OTW 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. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-10 6/97 Mezzanine:maximum 33 percent of floor area below. Floor Below 2U3-MEL MEZZANINE Moderate Income Household. A household whose annual income is at or below one hundred twenty(120%) percent of Orange County median income as defined by the State of California Department of Housing and Community Development. Municipal Code. The Municipal Code of the City of Huntington Beach. Negative Declaration. A written statement briefly describing the reasons that a proposed project will not have a significant impact on the environment which meets the requirements of the California Environmental Quality Act. (3334) Nei hborhood Notification. When no entitlements are required and e use requires such no i ication as stated in the Zoning and Subdivision Ordinance, this procedure shall notify adjacent property owners and tenants of an applicants proposed project. Net Site Area. See Area, Net Lot. New Well. A new well bore or well hole established at the ground surface. Redrilling from the well bore or well hole of an existing well greater than 150 feet from the existing well bore shall constitute a new well. Nonconforming Structure. A structure that was lawfully erected but which does not conform with the current development standards. Nonconforming Use. A use of a structure or land that was lawfully established and maintained, but which does not conform with the current zoning ordinance. Off-Street Loading Facilities. A site or portion of a site devoted to the loading or unloading of motor vehicles or trailers, including loading berths, aisles, access drives, and landscaped areas. Off-Street Parking Facilities. A site or portion of a site devoted to the off-street parking of motor vehicles, including parking spaces, aisles, access drives, and landscaped areas. Oil operation. The use or maintenance of any installation, facility, or structure used, either directly or indirectly, to carry out or facilitate one or more of the following functions: drilling, rework, repair, redrilling, production, processing, extraction, assisted recovery, stimulation storage or shipping of oil gas or hydrocarbons from the subsurface of the earth. Oil operation site. The physical location where an oil operation is conducted. Open Space, Common. A usable open space within a residential development reserved for the exclusive use of residents of the development and their guests. Open Space, Private. A usable open space adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-11 12/00 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. Mill min min —�6 ft. — 1.0 ft. — — 10 ft. Patio Terrace Balcony Front Yard Private Open Space Private Open Space Common Open Space USABLE OPEN SPACE Oversize Vehicle. Any vehicle which exceeds twenty-five (25) feet in length, seven (7) in width, seven(7) in height, or a weight of 10,000 pounds, motorized or nonmotorized. Oversize vehicle also includes any equipment or machinery regardless of size. Parking Structure. A structure used for parking or vehicles where parking spaces, turning radius, and drive aisles are incorporated within the structure. Patio. A paved court open to the sky. Permitted Use. A use of land that does not require approval of a conditional use permit or temporary use permit. Planned Unit Development(PUD). A large scale development of a parcel or of a combination of related parcels to be developed by a single owner or group of owners acting jointly, involving a related group of uses, planned as an entity and having a predominant developmental feature which serves to unify or organize development. Porch. An open or covered platform, usually having a separate roof, at an entrance to a dwelling, or an open or enclosed gallery or room, which is not heated or cooled, that is attached to the outside of a building. Private Property. Property owned in fee by an individual, corporation, partnership, or a group of individuals as opposed to public property. (3249-6/95,3334;3482-12/00) Project. Any proposal for new or changed use, or for new construction, alteration, or enlargement of any structure, that is subject to the provisions of this ordinance. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-12 12/00 Public Property. Property dedicated through acquisition or easement for public use which includes but is not limited to streets, alleys, parks, public right-of-ways, and sidewalks. (3249-6/95,3334-6/97;3482-12/00) Qualifying Senior Resident. A person who is 62 years of age or older. (Section 51.2 of the California Civil Code.) Remodel. The upgrade of the interior or exterior faces of a building or structure without altering to any degree the structural integrity. Residential Infill Lot. A residential infill lot is a parcel of land which, at the time of application for a building permit, is contiguous to one (1) or more existing developed single family residential properties and is: (3301-11/95,3334-6/97) 1. A vacant parcel intended for detached single family development, or (3301-11/95, 3334-6/97) 2. A parcel with an existing residential structure which will have fifty percent(50%) or more square footage of the habitable area removed in order to construct a remodeled or new multistory detached single family dwelling unit. (3301-11/95,3334-6/97) Room, Habitable. A room meeting the requirements of the Uniform Building Code for sleeping, living, cooking, or dining purposes, excluding such enclosed places as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, attics, foyers, storage spaces, utility rooms, garages, and similar spaces. Senior Housing. Housing for a family in which at least one person per unit is 60 years old or older, or for a single person who is 60 years old or older. Setback Line. A line across the front, side, rear of any private or public property which delineates an area adjoining a property line in which erection of a building, fence, or other structure is prohibited except as otherwise provided in the zoning ordinance. Significant Disruption. Having a substantial adverse effect upon the functional capacity. Single Ownership. Holding record title, possession under a contract to purchase, or possession under a lease, by a person, firm, corporation, or partnership, individually, jointly, in common, or in any other manner where the property is or will be under unitary or unified control. Site. A lot, or group of contiguous lots not divided by an alley, street, other right-of-way, or city limit, that is proposed for development in accord with the provisions of this ordinance, and is in a single ownership or has multiple owners, all of whom join in an application for development. Specific Event. A short term temporary use of public property as defined in Section 5.68.010. (3249-6/95,3334-6-97;3482-12/00) Specific Plan. A plan for a defined geographic area that is consistent with the General Plan and with the provisions of the California Government Code, Section 65450 et seq. (Specific Plans). Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-13 12/00 Stock Cooperative. A corporation formed for the primary purpose of holding title to, either in fee simple or for a term of years, any real property where the shareholders of the corporation receive a right of exclusive occupancy in a portion of such real property and where the right of occupancy is only transferable by the transfer of shares of stock in the corporation. Story. That portion of a building included between the surface of any floor and the surface of the floor or finished undersurface of the roof directly above it. Structure. Anything constructed or erected that requires a location on the ground, excluding , patios, walks, access drives, or similar paved areas. Structure AccessorA structure that is appropriate, subordinate and customarily incidentalto the main structure of the site and which is located on the same site as the main structure, including swimming pools, garages, gazebos and patio covers. Structure Minor Accessory. An accessory structure that does not exceed sqquare feeto e oor area, 80 square feet of the roof area and a heigFit of six feet, including storage sheds, pet shelters, playhouses, and decorative elements. Takeoff and Landing. 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. Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-14 12/00 Yard, Front. An area between the front lot line and the front setback line extending across the full width of a site. The front yard of a corner lot shall adjoin the shortest street property line along its entire length. Where one street property line is at least 75 percent of the length of the other street property line, the Director shall determine the location of the front yard. Yard, Rear. An area between the rear lot line and the rear setback line extending across the full width of a site. On a corner lot the rear yard shall extend only to the side yard abutting the street. Yard, Side. An area between the rear setback line and the front setback line and between the side property line and side setback line. The side yard on the street side of a corner lot shall extend to the rear lot line. Zoning Ordinance. The Zoning Ordinance of the City of Huntington Beach. (Rest of Page Not Used) Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-15 6/97 J REAR YARD STREET FRONT YARD LOT LINE w LOT LINES W �1 Q 1- I W y N LU w m W v> I 0 N �' Q I I 9"PO o 1 I v0 w I w _ _ LU N _ _ ix _ N - __-_-___-_--r-. to . . _._. - •• ��--�__ - STREET FRONT YARD STREET FRONT YARD STREET FRONT YARD I CORNER LOT EXAMPLES Its. REAR YARD REAR YARD— REAR YARD --- — SIDE y:N I > YAR ul DI I 0 I w I N SIDEYARDS STREET FRONT YARD STREET FRONT YARD STREET FRONT YARD INTERIOR LOT EXAMPLES REAR YARD REAR YARD LOT LINES SIDE , YARD I , LEGEND . IDE ARDS''�� ` ----- I BUILDING(ZONING)ENVELOPE STREET I— L _ _ _ (TWO DIMENSIONAL) i LOT LINES m _ . s •, I — FRONT YARD _ STREET FRONT YARD SIDE YARD ODD - SHAPED LOT EXAMPLES REQUIRED YARDS Huntington Beach Zoning and Subdivision Ordinance Chapter 203 203-16 6/97 March 31, 2004 LEGISLATIVE DRAFT O Chapter 241 Conditional Use Permits and Variances; Temporary Use Permits; Waiver of Development Standards (3334-6/97,3410-3/99,3528E-2/02) 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. E. Neighborhood Notification is a procedure that shall notify adjacent property owners and tenants when no entitlement is required. Huntington Beach Zoning and Subdivision Ordinance Chapter 241 241-1 2/02 241.04 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 to*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. Huntington Beach Zoning and Subdivision Ordinance Chapter 241 241-2 3/99 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. 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. Huntington Beach Zoning and Subdivision Ordinance Chapter 241 241-3 5/97 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 24 1.10 remain valid. 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 three 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 4 or fewer consecutive days. Such uses shall be approved with a temporary activity permit. (3528B-2/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 241 241-4 2/02 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. (3528B- 2/02) D. Required Findings. The application shall be approved as submitted, or in modified form, if the Director or Zoning Administrator finds: (3528B-2/02) 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 (3334-6/97) 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 Approval. In approving a temporary use permit, the Director or the Zoning Administrator may impose reasonable conditions necessary to: (3528B-2/02) 1. To be consistent with the General Plan and in the coastal zone to be consistent with the Local Coastal Program; (3334-6/97) 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 $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. (3528B-2/02) 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. (3528B-2/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 241 241-5 2/02 241.22 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. (3528B-2i02) 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 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. 241.24 Neighborhood Notification When no entitlement is required and the use requires such notification as stated in the Zoning and Subdivision Ordinance, this procedure shall notify adjacent property owners and tenants of an applicant's proposed project. Notification requirements when no entitlement required. A. 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. B. Notice of Application. T.—Na—me of ap can . 2. Location o lanned development or use, including address. 3. Complete description of the proposed development or use such that there is full disclosure in the notice. 4. Planning Department phone number and address of City Hall where plans may be reviewed. 5. The date by which any comments must be received in writing by the Planning Department and City appeal procedures. 6. Planning Department shall receive entire list including name and address of those receiving the mailing. C. AAeals. The Director's decision may be appealed in accord wifh( liapter 248. Huntington Beach Zoning and Subdivision Ordinance Chapter241 241-6 2/02 ATTACHMENT 3 SUGGESTED FINDINGS ZONING TEXT AMENDMENT NO. 03-02 SUGGESTED FINDINGS FOR APPROVAL—ZONING TEXT AMENDMENT NO. 03-02: 1. Zoning Text Amendment No. 03-02 to amend certain sections of the Zoning and Subdivision Ordinance and the Downtown Specific Plan 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. (04sr06 ZTA 03-02) Attachment 3 ATTACHMENT 4 7�JR City of Huntington Beach Planning Department [,, STAFFREPORT. HUNTINGTON BEACH TO: Planning Commission FROM: Howard Zelefsky, Director of Plannin BY: Rosemary Medel, Associate Planner DATE: March 9, 2004 SUBJECT: ZONING TEXT AMENDMENT NO. 03-02 (ENTITLEMENT PERMIT STREAMLINING PHASE II) STATEMENT OF ISSUE: • Zoning Text Amendment No. 03-02 request: - Amendment of 15 chapters of the Zoning and Subdivision Ordinance and Downtown Specific Plan SP 5 - 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. 03-02 based upon the following: - Decreases processing time for applicants - Reduces application costs for the business community and residents - Provides improved customer service - Encourages new businesses to locate in Huntington Beach - Continues to provide for quality development RECOMMENDATION: Motion to: "Approve Zoning Text Amendment No. 03-02 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. 03-02 with findings and forward to City Council." B. "Continue Zoning Text Amendment No. 03-02 and direct staff accordingly." PROJECT PROPOSAL: Zoning Text Amendment No. 03-02 is a request by the City of Huntington Beach to amend 15 chapters of the Huntington Beach Zoning and Subdivision Ordinance(ZSO) and Downtown Specific Plan SP 5 as listed below. The legislative draft is provided in Attachment No. 3; Attachment No. 4 lists the page numbers of the legislative draft where changes are proposed for easy reference. ➢ Chapter 203 Definitions ➢ Chapter 231 Off-Street Parking ➢ Chapter 204 Use Classifications ➢ Chapter 233 Signs ➢ Chapter 210 Residential Districts ➢ Chapter 236 Nonconforming Uses and ➢ Chapter 211 Commercial Districts Structures ➢ Chapter 212 Industrial Districts ➢ Chapter 241 Conditional Use Permits and ➢ Chapter 214 Public-Semipublic Districts Variances; Temporary Use Permits; ➢ Chapter 220 Oil Production Overlay Waiver of Development Standards District ➢ Chapter 244 Design Review ➢ Chapter 222 FP Floodplain Overlay ➢ Chapter 250 General Provisions District. ➢ Specific Plan No. 5 Downtown Specific ➢ Chapter 230 Site Standards Plan The purpose of the request is 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 authority to approve minor zoning applications. The items selected for streamlining are those that typically are approved without controversy, would not necessitate the preparation of a Planning Commission staff report, i.e., could adequately be 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. Background Entitlement Permit Streamlining Phase I was approved by City Council on December 17, 2001 and became effective on February 7, 2002. Phase I amended approximately 20 code sections affecting 12 chapters and incorporated existing policies, as well as minor clean-up items. The amendments also included revisions to the Downtown Specific Plan SP 5, Districts 2, 4 and 6. At the August 12, 2003, City Council meeting, the City Council discussed the issue of implementing code amendments as Phase II of the Entitlement Permit Streamlining process. Council stated"that in times of budget reductions, staff cutbacks, and tough economic times it seems appropriate to re-visit the streamlining of the entitlement process of the City's Zoning and Subdivision Ordinance." Council further stated that streamlining the ZSO serves to benefit both the City as well as the private sector. PC Staff Report—3/09/04 -2- (04sr06 ZTA 03-02) 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. 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 multi-family development by increasing the amount of units allowed to be heard by the Planning Director and the Zoning Administrator thereby reducing application costs and processing time. C. Economic Development Element Policy ED 2.4.1: Encourage and assist existing and potential commercial owners to modernize and expand their commercial properties. The proposed streamlining would increase the size of permitted personal enrichment lease spaces to 5,000 square feet, assuming certain criteria are met, thereby reducing processing time and application fees and encouraging businesses to expand to or locate in larger lease spaces within the city. 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. PC Staff Report—3/09/04 -3- (04sr06 ZTA 03-02) 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 February 26, 2004, and notices were mailed out to individuals/organizations requesting notification(Planning Department's Notification Matrix) as well as all interested parties. A pending public hearing notification is posted on the City's website under"Major Projects" informing the public of the Entitlement Permit Streamlining Phase II and the availability of the legislative draft for review at the City's Planning Counter and at Central Library. As of March 4, 2004, no communication supporting or opposing the request has been received in response to the hearing notice. ANALYSIS: The following analysis provides a review of the proposed amendments in five sections. Sections A-C analyze those ZSO applications that will be reviewed by the Zoning Administrator, the Planning Director and amendments affecting the Design Review Board. At the February 201 study session, the Planning Commission requested further discussion on certain amendments. These discussions will be found at the various sections of this analysis based on which hearing body is impacted. Section D provides a discussion regarding the codification of existing policies. The amendments to the Downtown Specific Plan SP 5 are reviewed in Section E. A. Planning Commission Items Proposed for Zoning Administrator Consideration The following items currently require a conditional use permit(CUP) before the Planning Commission (PC). The code amendment would still require a CUP, however, it would now be subject to review and approval by the Zoning Administrator (ZA). Chapter 210 Residential Districts ■ 11-20 Residential Units (Attachment No 3.31) Chapter 211 Commercial Districts ■ Group Residential-Boarding Houses (Attachment No. 3.52) ■ Residential Care, General-24 hr care w/no medical (Attachment No. 3.52) ■ Convalescent Facilities-Allows Medical Care (Attachment No. 3.52) ■ Commercial Recreation and Entertainment-Health Clubs, Bowling Alleys (Attachment No. 3.53) PC Staff Report—3/09/04 -4- (04sr06 ZTA 03-02) ■ Eating and Drinking Establishments with Dancing (Excludes Downtown Specific Plan SP 5) (Attachment No. 3.53) ■ Vehicle Equipment Sales & Services-Auto Washing, Commercial Parking, Service Stations (Attachment No. 3.54) ■ Visitor Accommodations-Hotels, Motels in the Commercial General Zone only,Bed & Breakfast Inns all Commercial Zones (Attachment No.3.54) Chapter 212 Industrial Districts ■ Minor Utilities (Attachment No. 3.64) • Commercial Recreation and Entertainment(Attachment No. 3.64) ■ Communication Facilities (Attachment No. 3.64) ■ Quasi-Residential (Attachment No. 3.64) ■ Service Stations (Attachment No. 3.65) ■ Schools, Public or Private (Attachment No. 3.64) ■ Warehouse and Sales Outlets (Attachment No. 3.65) Chapter 222 FP Floodplain Overlay District ■ Minor Utilities (Attachment No. 3.92) Chapter 231 Off Street Parking and Loading Provisions ■ Reduced Parking for Certain Uses (Attachment No. 3.166) ■ Parking Controls-Valet Service, or booths (Attachment No.3.173) Chapter 233 Signs ■ Electronic Readerboards (Attachment No. 3.190) These items are recommended for reduced processing for two primary reasons. First, issues related to these uses are typically 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 addressed with full consideration. Second, improving processing time, as well as savings in applications costs, will continue to assist businesses reduce their start-up business costs. Effective November 3, 2003, the City's processing fees were increased to recover processing costs. For example, a conditional use permit to the PC, with a processing time of a minimum of six months, was increased from $3,858 to $6,815. A conditional use permit by the ZA, with a processing time of a minimum of three months, was increased from $1,170 to $3,502. Reducing the processing costs of non- controversial applications would provide significant financial relief for citizens and the business community as well as cut processing time in half. Planning Commission Issues After review and discussion of the proposed amendments to the ZSO at the February 24, 2004 Planning Commission study session, the Planning Commission requested further discussion on the following code amendment sections. I 1-20 Residential Units (Section 210.041 Pursuant to the ZSO, the ZA can currently consider approval of projects with five to nine residential units. The proposed amendment increases this number to a range of 11 to 20 units. The reason for this proposed amendment is to reduce processing time and associated application costs for a conditional use permit, PC Staff Report—3/09/04 -5- (04sr06 ZTA 03-02) which is $8,396 from the PC, and $3,502 if heard by the ZA. The approval process would still require review of compliance with development standards for items such as design, setbacks, height, open space and parking. Given the small scale of these projects and recent experience with similar size projects it would be reasonable to conclude that the potential for controversial projects is not likely. Staff surveyed cities in Southern California, with the majority in Orange County, to compare the number of units permitted at the Director level, or lower hearing body level, as compared to the Planning Commission. Staff gathered the following data: Southern California Land Use Controls for Multi-Family Units City Number of Units Land Use Control 1. Brea 1-3 Permitted with certain limitations 4 or more PC 2. Buena Park No #Restriction Site Plan Review Process 3. Costa Mesa No #Restriction Permitted with exception to R1 4. Cypress 1-3 Approved at staff level-consent (No Planning Commission) calendar to City Council 4 or more CUP to City Council 5. Fullerton No #Restriction Permitted with no zone change 6. Garden Grove No #Restriction Site Plan Review only 7. Los Alamitos No # Restriction of single Site Plan Review only family or apartment Condos-any number PC 8. Newport Beach No # Restriction P-unless waiver is required. Waivers require PC approval 9. Torrance No #Restriction on Apts P- PC required in C1 and C2 zones All Condos PC 10. Westminster 1-2 Staff Review 3-4 PC non-public hearing review 5 or more PC public hearing review P-Permitted PC- Planning Commission Conditional Use Permit(CUP) These data indicate that three cities require PC review for projects with four or more units while seven allow review at staff level regardless of the number of units (two cities do require PC review for condominiums). Ultimately, the objective is to consider if the policies adopted by a city meet the goals and objectives of the General Plan. Staff believes that the proposed amendments to increase the unit consideration at the ZA level and the Director level would meet the goals and objectives of the General Plan and would not adversely impact the quality of design or the depth of project analysis conducted. PC Staff Report—3/09/04 -6- (04sr06 ZTA 03-02) Reduced Parking for Certain Uses (Section 231.08) The proposed amendment would not eliminate the required findings for approval of a request to reduce the number of parking spaces based on the type of business proposed for a site. However, reducing the level of review from PC to ZA would expedite the processing time for a business desiring to locate in Huntington Beach. Similar to what the PC does now, the ZA would consider survey data from a traffic engineer to support an applicant's request for a reduction from the parking standards of the ZSO. Parking Controls-Valet Service, or Booths (Section 231.18) In the past 10 years, a total of four applications have been processed under the criteria of this section. All four applications were for security gates. The last application was processed in 1999, prior to the Entitlement Permit Streamlining Phase I. Phase I added criteria to this section, which if met, would eliminate the requirement for a CUP. To date, no new CUPS have been processed for a use regulated by this section of the code. Reducing the CUP requirement from PC to ZA would still permit noticing of a public hearing at the same radius required at the PC level. Uses listed within the section such as valet service/booths, or collection of fees would typically be requests for existing businesses and the City would be aware of any code violations or operational problems with these businesses. Review at the ZA level, as with the PC level, would consider existing factors of operation, compliance with development standards and the impact of the proposed additional service. Electronic Readerboards (Section 233.14) The most recent approval of an electronic readerboard was in 2003, which was approved with no controversy. Historically, the City's experience with processing these signs has not been controversial and issues of location, design, illumination and message copy are all regulated in the ZSO. The readerboard signs that have been approved by the City have all complied with these standards. Therefore, staff believes that reducing this process to the lower hearing body would not adversely impact the City. B. Zoning Administrator Items Proposed for Director Consideration The following list of items currently require approval of a CUP by the ZA. The Planning Director would now act on these items. Certain uses require a Neighborhood Notification (NN) process and an appeal period prior to approval or the issuance of building permits. With NN, property owners and tenants are provided an opportunity to review and comment on the proposal, as described below. Those uses that do not require NN can be approved by the Planning Department with no further review other than plan check. Chapter 210 Residential Districts ■ 2-10 Residential Units (Attachment No. 3.31) ■ Day Care, Large-Family-No medical care permitted all R-Districts. (Attachment No. 3.31) ■ Day Care, General- 24hr medical care in multiple family zones only. (Attachment No. 3.31) Chapter 211 Commercial Districts ■ Clubs and Lodges (Attachment No. 3.52) ■ Eating and Drinking Establishments with Drive-Through (Attachment No. 3.53) ■ Personal Enrichment in spaces equal to or less than 5,000 sq. ft. (Attachment No. 3.53) Chapter 220 Oil Production Overlay District ■ Reuse Plan Required (Attachment No. 3.84) PC Staff Report—3/09/04 -7- (04sr06 ZTA 03-02) Chapter 230 Site Standards ■ Accessory Dwelling Units will require Infill Notification (Attachment No. 3.104) ■ Home Occupation Permits will require Neighborhood Notification (Attachment No.3.105) ■ Deviations in Maximum Height of Walls in RL and RMH Districts: Requires Neighborhood Notification (Attachment No. 3.140) • Game Centers (Attachment No. 3.121) Chapter 231 Off-Street Parking ■ Compact Parking (Attachment No. 3.175) ■ Parking Area Plan Required-Re-striping of existing parking (Attachment No. 3.176) Chapter 233 Signs ■ Sign Code Exceptions under 20 percent(Attachment No. 3.178) As a result of changing the review of the above listed applications from the ZA to the Planning Director, the processing time for these applications would be significantly reduced. In lieu of the standard three months for Zoning Administrator items, streamlined requests could be approved at the planning counter. Fees for these requests would also be greatly reduced. For example, an eating and drinking establishment with a drive-through, or a personal enrichment use over 5,000 square feet, currently requires a CUP at a fee of$3,502. Under the proposed zoning text amendment, this would no longer be required. Neighborhood Notification would only be required for those personal enrichment lease spaces over 5,000 square feet at a cost of$736. In general, these items do not generate concerns or complaints at ZA hearings; therefore, staff does not believe that hearings are necessary for these types of uses. However,the Planning Director would be able to refer an item to the ZA if there were concerns regarding a particular request. Additions to List of Uses Requiring Neighborhood Notification The introduction of the "Limited Notification"process by the PC during Phase I of the Entitlement Permit Streamlining has served to provided citizens and business owners with an opportunity to review and comment on non-discretionary projects. This process,which will be renamed to Neighborhood Notification, has also reduced the burden of higher processing fees. The uses that presently require this notification will continue to be subject to this procedure. Phase II Streamlining adds "Deviations in Maximum Height of Walls in RL and RMH Districts," and "Home Occupation Permits"in all R-Districts to the Neighborhood Notification list. The initial legislative draft included the Neighborhood Notification procedures within Chapter 203, after further review staff determined that the appropriate location for such a procedure was in Chapter 241, "Conditional Use Permits and Variances; Temporary Use Permits; Waiver of Development Standards." Thus the Neighborhood Notification process is now in Section 241.23. This section also leads the reader to Chapter 248 Notices, Hearings, Findings, Decisions, and Appeals. As stated in Chapter 248, an appeal of a Director's decision can be appealed to the PC. To date, no Neighborhood Notification has been appealed. PC Staff Report—3/09/04 8- (04sr06 ZTA 03-02) Planning Commission Issues Following is the list of amendments for which the Planning Commission requested further discussion. Staff does not believe that approval of these items without public hearings would result in any negative or unintended consequences for residents. 2-10 Residential Units (Section 210.04) See the above discussion under 11-20 Units. Accessory Dwelling Units (Section 230.10) On July 1, 2003, AB 1866 became effective stating that cities can no longer require a discretionary permit for the development of accessory dwelling units in the State of California. While the law eliminated the public hearing process, it does permit cities to adopt development standards for these units. The legislative draft deletes the CUP requirement, while slightly modifying the current adopted development standards. The addition of compliance with the "Neighborhood Notification"process will give neighbors an opportunity to review a proposed accessory unit and the Infill Notification referenced in this section will ensure that design standards of privacy are met by these additions. Since the early 1990s a total of 10 accessory units have been approved in the city. A sudden proliferation of these units is not anticipated due to the stringent development standards required for these units, which require a minimum lot size of 6,000 square feet, limit the size of the accessory unit to a maximum of 650 square feet and require that the units be attached to the main dwelling. Infill Ordinance (Section 230.22) The Commission requested that a definition be included within the ZSO to clarify this process. Staff has inserted the definition of"Infill Lot Developments" as line item A, in Section 230.22 Residential Infill Lot Developments, which shall read as follows: (Attachment No. 3.112) A. Definition. 1. An infill lot is contiguous to one or more existing single family residential units, excluding parcels separated by streets, and is either a vacant parcel intended for single family development, or a parcel with an existing residential structure, which will have 50 percent or more of the habitable area removed in order to remodel or construct a detached single family unit. Deviation in Height offences/Walls (Section 230.88,E Since 1994, a total of 70 applications have been processed requesting relief from the fence/wall height requirements of the ZSO. As part of Phase I, the Planning Commission approved the increase of wall heights for those properties abutting arterials along the rear and/or street side of a property. This change was generated from comments from the Planning Commission regarding aesthetics along arterial streets where property owners had added fence extensions, usually of a different material and without permits. The Phase II proposal allows property owners to encroach into the front yard setback by five feet (10 ft. setback) in the RL District and five feet(seven ft. setback) in the RMH-A District. The proposed criteria for fence and wall heights reflect the typical conditions placed on previous conditional use permit approvals by the ZA. The restrictions and conditions of location, design and materials ensure that a wall is PC Staff Report—3/09/04 -9- (04sr06 ZTA 03-02) compatible with the local neighborhood including providing sufficient landscaping in the front setback area. Although the evaluation of design is often subjective, the Planning Department uses the adopted Urban Design Guidelines as the basis for good design and selection of materials. Also taken into consideration is the existing design and materials of adjacent properties. The proposed amendment further requires that the Neighborhood Notification process be implemented. Property owners and tenants adjacent to or across the street from the subject property will be notified of the proposed wall and provided with a 10 day period to review the proposed plans. Upon the end of the initial review period, the 10 day appeal period will commence. An appeal of the Director's approval is submitted to the Planning Commission. This amendment provides a substantial cost reduction to property owners who pay the current fee of $1,937 for a CUP to the ZA. The Neighborhood Notification cost is $736. The amendment would also reduce the processing time from three months to a maximum of 20 days. Games Centers (Section 230.38) Game Centers are listed in Chapter 204 of the ZSO under the designation of"Commercial Recreation and Entertainment," and regulated under the criteria in Chapter 230.38 Game Centers. Within the past several years, staff has seen an increase in a type of these centers, typically known as cyber cafes or internet cafes, both of which offer Internet Access. This amendment proposes to delete the CUP process and retain the existing requirements. Since 1994, four applications have been processed for game centers. These uses have not been controversial and have not been appealed to the Planning Commission. They are further monitored by the Police Department to ensure that those computers capable of accessing adult sites are clearly separated from minors. Given the extensive operational conditions and the monitoring by both the Police Department and Code Enforcement, staff believes a discretionary permit is not warranted. C. Design Review Board Items Proposed for Director Consideration 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. Chapter 233 Signs ■ Sign Code Exception-over 20 percent(Attachment No.3.179) ■ Areas within 500 feet of PS (Public Semi-Public District-Language Deleted (Attachment No.3.180)) Chapter 244 Design Review ■ Areas subject to specific plans-Only Downtown Specific Plan SP 5 will be subject to DRB (Attachment No. 3.216) Phase I of the Entitlement Permit Streamlining reduced the level of review for sign code exceptions from ZA to DRB when the code exception exceeded 10 percent. For requests less than 10 percent the item is processed at the Director level. The proposed amendment would increase the threshold for DRB applications to 20 percent. The Planning Department has found that the current threshold places unnecessary costs and processing time on applicants. These applications are not controversial and have been approved without being appealed. For these reasons, this item should be deleted from this section of Chapter 233, "Signs". PC Staff Report—3/09/04 -10- (04sr06 ZTA 03-02) Under Chapter 233, Signs, all sign requests within 500 feet of PS Zone require DRB approval. A stand- alone business requesting the installation of a new sign or existing commercial centers with less than five lease spaces would require DRB approval. This process places an unnecessary burden on the applicant. Given the design suggestions of the Urban Design Guidelines and Chapter 233 sign criteria, staff believes this line item should be deleted as the quality of design will not be negatively impacted deleting the DRB review process. Specific plans that do not explicitly require DRB will be reviewed at the Director level. Conversely, the Downtown Specific Plan SP 5 will remain under the review of the DRB as that level of review is specifically identified in the document. By proposing this amendment, the processing time for projects located in most specific plan areas would be cut in half. from one to two months to one to four weeks. The current DRB fee of$879 would no longer be required. DRB items are typically not noticed meetings. However, uses within specific plans that require Neighborhood Notification under the ZSO, would be noticed. Under NN, the public would have an opportunity to review businesses such as personal enrichment uses, sign code exceptions under 20 percent, etc. The City's adopted Urban Design Guidelines provide staff with an additional tool to achieve the City's goals for design of homes, additions to existing homes and approval of signs within specific plan areas as well as other areas. The Planning Director would have the option of referring items to the DRB as needed. D. Codify Existing Policy Existing policy memos for the following items would be codified with the Zoning Text Amendment. Streamlining is also proposed for many of these items,which is further discussed in Sections A&C. ■ New Canopies for Existing Service Stations (Attachment No. 3.116), 1994 ■ Parking Standards for Health Clubs (Attachment No. 3.162), 1995 ■ Re-stripping of Existing Nonconforming Parking Areas (Attachment No. 3.176), 1996 ■ Personal Enrichment Parking (Attachment No. 3.163), 1996 ■ Patio and Balcony Enclosures Proposed within existing Planned Developments or Apartment Complexes. (Attachment No. 3.42), 1997 • Single-Family Residential Development in the Downtown Specific Plan (Dist. No. 2,4&6) 1997 (Attachment No. 3.256) ■ Minor Accessory Structures in Residential Districts (Attachment No. 3.103) 2001 ■ Swimming Pools, Slides and Rock Formations in Residential Districts. (Attachment No. 3.103) 2001 ■ Accessory Dwelling Unit (Attachment No. 3.104) 2003 The City's policy memos for the first five items have been in effect since 1997, with the most recent policy implemented in July 2003. By codifying these policies in the ZSO, processing information is accessible by applicants on the City's website. This will help to further the City's goal of assisting the applicant in project planning and improving customer service. PC Staff Report—3/09/04 -11- (04sr06 ZTA 03-02) accessible by applicants on the City's website. This will help to further the City's goal of assisting the applicant in project planning and improving customer service. E. Downtown Specific Plan SP S Phase I of the Permit Streamlining Ordinance amended sections of District 2, 4, & 6 "Single Family Residential Development,"to allow approval of single family homes through the plan check process and, in most cases, require notification under the Infill Ordinance. The Phase II amendments separate and clarify the various levels of review for all districts. The Downtown Specific Plan, while unique in character and design standards, would correspond to the hearing body review of the ZSO. In addition, an existing policy memo that governs development standards for single family homes would be codified. Appeal Procedures Unless otherwise stated, 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. 03-02 does not propose any change to the City's appeal procedures. SUMMARY: Zoning Text Amendment No. 03-02 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 Zoning Text Amendment No. 03-02 be approved for the following reasons: ➢ Decreases processing time for applicants ➢ Reduces application costs for the business community and residents ➢ Provides improved customer service ➢ Encourages new businesses to locate in Huntington Beach ➢ Continues to provide for quality development ATTACHMENTS: e 3—. Leg-isWiw—Dxaft �e��Braft Arta T�Tnmhar RafPrPnCe 0 PC Staff Report-3/09/04 -12- (04sr06 ZTA03-02) ATTACHMENT 5 1 ZONING TEXT AMENDMENT 03-02 ENTITLEMENT PERMIT STREAMLINING PHASE II ZONING TEXT AMENDMENT REQUEST ➢To amend the Huntington Beach Zoning and Subdivision Ordinance to streamline the entitlement processes 1 BACKGROUND ➢2003- City Council initiated Phase II of the Permit Streamlining in response to budget reductions, staff cutbacks and tough economic times ➢Chamber of Commerce met with staff to brainstorm code changes ➢2004-Amendments supported by Chamber of Commerce BACKGROUND (Cont'd) ➢January 2004- Planning Commission commences review of proposed amendments; three study sessions );,-March 9, 2004- Planning Commission approved the Zoning Text Amendment with modifications 2 PURPOSE ➢Zoning Text Amendment No. 03-02 proposes to: ➢Decrease processing time for applicants ➢Reduce application costs for the business community and residents ➢Provide improved customer service ➢Encourage new businesses to locate in Huntington Beach ➢Continue to provide for quality development 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 3 PROPOSED ENTITLEMENT CHANGES ➢ ZTA will codify existing policies and clarify 15 chapters and various 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(all zones) ZA P/NN Bed&Breakfast Inns(CO,CG) PC ZA Community&Human Services/Residential Care, General PC ZA (CG, IG, IL) Convalescent Facilities(CO,CG) PC ZA ➢ PC—Planning Commission P—Permitted ➢ ZA—Zoning Administrator AP-Administrative Permit PROPOSED ENTITLEMENT CHANGES cont'd TYPE OF USE CURRENT PROPOSED REVIEW REVIEW Commercial Recreation and PC ZA Entertainment(CG, IG, IL) Day Care,Large Family(residential) ZA P Day Care,General (residential zones) ZA P, Day Care,General(CO,CG,IG,IL) PC ZA Eating&Drinking Establishments(IG,IL) ZA P/NN Eating&Drinking Establishments ZA P/NN w/drive through(CG,CV) Eating&Drinking Establishments ZA P/NN w/outdoor dining>400 sq.ft. (no alcohol) ➢ PC—Planning Commission P—Permitted ➢ ZA—Zoning Administrator AP-Administrative Permit 4 PROPOSED ENTITLEMENT CHANGES (cont'd) TYPE OF USE CURRENT PROPOSED REVIEW REVIEW Eating&Drinking Establishments PC ZA w/dancing(CO,CG,CV) Emergency Shelters/Kitchens(<5,000 ZA P s.ft.)(CG) Emergency Health Care(<5,000 s.ft.) ZA P (CO,CG) Group Residential(CO,CG,CV) PC ZA Hotels,Motels(CG) PC ZA Laboratories(<5,000 s.ft.)(CO,CG) ZA NN ➢ PC—Planning Commission P—Permitted ➢ ZA—Zoning Administrator AP-Administrative Permit PROPOSED ENTITLEMENT CHANGES (cont'd) TYPE OF USE CURRENT PROPOSED REVIEW REVIEW Offices,Business& PC ZA Professional(IG,IL) Parking Controls-valet service PC ZA Primary Health Care(<5,000) ZA P Personal Enrichment <2,500 P/NN <5,000 P/NN Services(CO,CG,1G,IL) >2,500 ZA >5,000 ZA Services Stations(CG,CV, PC ZA 1G,IL) School,Public or Private(IG, PC ZA IL) ➢ 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 Utilities,Minor(IG,IL) PC ZA Accessory Dwelling Units ZA P/NN Fencing within front yard ZA P/NN setback(RL/RMH-A) PC—Planning Commission P—Permitted ZA—Zoning Administrator AP-Administrative Permit PROPOSED ENTITLEMENT CHANGES (cont'd) PERMIT STREAMLINING DEVELOPMENT STANDARDS-PROPOSED AMENDMENTS USE/STANDARD CURRENT PROPOSED REVIEW REVIEW Game Centers(CG,CV) ZA P Home Occupation Permit ZA P/NN Parking reduction for certain uses PC ZA Single Room Occupancy-General PC/ZA AP Provision-authority to revoke CUP Industrial Screening Walls(IG, IL) ZA AP i PC—Planning Commission P—Permitted i ZA—Zoning Administrator AP-Administrative Permit 6 PROPOSED ENTITLEMENT CHANGES cont'd PERMIT STREAMLINING DEVELOPMENT STANDARDS-PROPOSED AMENDMENTS USE/STANDARD CURRENT PROPOSED REVIEW REVIEW Sign Code Exception AP<10% AP<20% DRB>10% DRB>20% Electronic Reader Board PC ZA Temporary Use Permit ZA ZA >72 Hrs >96 Hrs Outdoor Storage ZA AP ➢ PC—Planning Commission P—Permitted ➢ ZA—Zoning Administrator AP-Administrative Permit PROPOSED ENTITLEMENT CHANGES (cont'd) PERMIT STREAMLINING PROPOSED AMENDMENTS DOWNTOWN SPECIFIC PLAN SP 5 CURRENT PROPOSED REVIEW REVIEW District 3:Liquor Stores,Restaurants, PC ZA Retail Sales,outdoor,Theaters District 5:Restaurants,Liquor Stores PC ZA District 6:Liquor Stores,Restaurants PC ZA ➢ PC—Planning Commission P—Permitted ➢ ZA—Zoning Administrator AP-Administrative Permit 7 PROPOSED ENTITLEMENT CHANGES (cont'd) DOWNTOWN SPECIFIC PLAN Current Proposed Review Review SP 5 District 7: Automobile Service Stations,Dancing&Live PC ZA Entertainment,Health&Sports Clubs,Liquor Stores, Restaurants,Taverns,Theaters District 9: Dancing&Live Entertainment,Recreation PC ZA Facilities,Restaurants District 10:Museums,Restaurants PC ZA ➢ PC—Planning Commission P—Permitted ➢ ZA—Zoning Administrator AP-Administrative Permit FEES AND PROCESSING SUMMARY PC ZA NN $6,815 $3,502 $736 6 Mos. 3 Mos. 3 Wks • 18 CUP's'being reduced from PC to ZA • 5 CUP's being reduced from ZA to NN 8 ANALYSIS ➢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 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 ➢Projects subject to notice requirements ➢Planning Commission, Zoning Administrator and Subdivision Committee, Residential Infill ➢Neighborhood Notification required for certain projects approved at the Planning Director level 9 Neighborhood Notification Process ➢Approved by Planning Commission in Phase I as "Limited Notification." ➢Notification renamed to Neighborhood Notification. ➢Property Owners and Tenants from adjacent property lines are notified. Neighborhood Notification Commercial Center Commercial i i t I i I I iY I P Iw P P I ResidenlTal Q STREET _ --•---•---------.-.-. •- , I p i P Commercial Center P i I i i i I Commercals Resitlenlial I ._u .—.------------- .�.i—.—.—•_._.—.i— I I I I ! pou I S—Subject Site I 11P! P I T-Notification required to Tenants ......cr�-eiaarcAler------ P-Notification required to Property Owners 10 ANALYSIS (cont'd) ➢Revenue Analysis (Two Year Comparison-2002 Fees) 120 CONDITIONAL USE PERMITS (2002-2004) PC ZA Permitted Total Total Fees CUP'S CUP'S (No Fee) Collected Current Code 31 89 - 120 $223,728 Proposed Text 25 74 21 120 $188,826 Amendment RECOMMENDATION Staff recommends that Zoning Text Amendment No. 03-02 be approved 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 11 END OF SLIDE SHOW 12 i RCA ROUTING SHEET INITIATING DEPARTMENT: Planning SUBJECT: ZONING TEXT AMENDMENT NO. 03-02 COUNCIL MEETING DATE: April 19, 2004 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) Signed in full by the City Attorney Not Applicable Subleases, Third Party Agreements, etc. Approved as to form by City Attorney Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Attached Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Attached EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FO RDED Administrative Staff Assistant City Administrator Initial City Administrator Initial 01.K� .City Clerk EXPLANATION FOR RETURN OF ITEM: . . • RCA Author: HZ:SH:MBB:RM:rl JI I 1 EIRK MY OF HMTI ING i ON tBEACK CA April 16, 2004 1004 APR I b P 2: 19 City of Huntington Beach Members of the City Council 2000 Main Street Huntington Beach, CA 92648 RE: Entitlement Streamlining Phase II Dear City Council, The Planning Department has some of this material online at: http://www.surfcity-hb.org/citydepartments/planning/major/streamling.cfm But the web server timestamps (obtained via geek knowledge of the HTTP protocol) show that all of the PDF files on that page were last modified on March 4th. Given that the Planning Commission made modifications during their public hearing of March 9th, these online copies are now stale and out of date. The latest staff report for this item is nowhere to be found online. So it appears that the only way for the public to become informed about this very major and important agenda item is to drive down to city hall and obtain a copy of 300+pages of paper that are not keyword-searchable. :-( This is NOT the way the city should be doing business. Due to the volume of material, the public cannot possibly become informed in the short amount of time given to peruse primitive paper copies. This public hearing should be postponed to the next council meeting and ALL materials that already exist in electronic form need to be placed on the city web site for public inspection. But aside from the lack of sufficient public access to the details of this proposal, I am opposed to Entitlement Streamlining Phase II for the following reasons: • Last year there was discussion by the Planning Department about cutting back Planning Commission meetings to once a month because there weren't enough projects for the Commission to process. Since the Planning Commission agendas are not currently overloaded, there should be no need to remove certain classes of projects from the Commission's authority. • As Huntington Beach gets closer to build-out, the Planning Commission's agendas will naturally grow shorter as fewer major projects are being built, resulting in improved processing time. Thus there is no need to remove Planning Commission responsibilities in the name of streamlining because the Commission's workload will already be decreasing. D , �� • The true root cause of long project processing times is that too much bone has been cut from the Planning Department as a result of multiple years of declining city budgets. Streamlining does not address this root cause. If Planning is short- staffed, I would prefer to see permit fees raised and the resulting new money be spent on hiring additional Planning staff which will reduce processing times. • Taking certain classes of projects away from the Planning Commission and giving them to the Zoning Administrator will result in less public involvement in the process. The Zoning Administrator only meets during normal working hours, and so any members of the public who work for a living will be forced to sacrifice pay in order to attend these meetings. Given the financial hit this involves, some members of the public may not be able to participate at all. This city needs more public involvement, not less. • The local news media generally does not cover Zoning Administrator activity and the agendas are not posted on the city web site or distributed via e-mail. By taking projects away from the Planning Commission which is covered by the news media and does make its agendas widely available in electronic form, streamlining will make it more difficult for the public to keep informed about what is happening. Reducing public awareness of government activities is never a good thing. In conclusion, streamlining is unnecessary, does not address the true root cause of long processing times, and shortchanges the public. But if this ill-advised proposal ever goes forward, it is CRITICAL that the Zoning Administrator agendas be posted on the city web site and distributed via e-mail just like the Planning Commission agendas are. Yours truly, XUA D Mark D. Bixby 17451 Hillgate Ln Huntington Beach, CA 92649-4707 714-625-0876 mark@bixby.org Ehring, Liz Subject: FW: entitlement streamlining Phase II 3 , A obi H BCC-040416.pdf -----Original Message----- From: Mark Bixby [mailto:mark@bixby.org] Sent: Friday, April 16, 2004 2 :01 PM To: HB City Council Cc: Ross, Rebecca; Jones, Dale; Ehring, Liz Subject: Re: entitlement streamlining Phase II Hi all, I just got off the phone with Liz Ehring after she clarified for me that members of the public can take away their own copies of any agenda materials that are in the City Clerk's possession. My misunderstanding that personal copies could not be obtained was a result of somewhat unclear boilerplate language in the agenda. So that I do not propagate incorrect information into the Late Communications packet, please replace my earlier letter with the updated version that I have attached to this message. Thanks. . . - Mark B. Mark Bixby wrote: > Hi City Council and City Clerk's Office, > See attached for my thoughts regarding entitlement streamlining Phase II. mark@bixby.org Remainder of .sig suppressed to conserve expensive California electrons. . . 1 MY Y OF HUNTINGTON SEACH, CA 5 E� ZONING TEXT AMENDMENT 03 02 ENTITLEMENT PERMIT STREAMLINING , PHASE II ZONING TEXT AMENDMENT REQLIE ST To. amend the Huntington Beach Zoning and Subdivision Ordinance to streamline the entitlement processes BACKGROUND ➢2003- City Council initiated Phase II of the Permit streamlining in response to budget reductions, staff cutbacks and tough economic times ➢.Chdmber:of Commerce met with staff to brainstorm code changes 2004-Amendments supported by Chamber of Commerce.. . f BACKGROUND (Cont'd) ➢January2004 Planning Commission commences review of proposed amendments,'three study sessions ➢March 9, 2004 Planning Commission approved the. Zoning Text Amendment with modifications 2 PURPOSE ➢Zoning Text Amendment No 03 02 proposes to: ➢Decrease processing time for applicants ➢Reduce application costs for the business community and residents ➢Provide improved customer service ➢Encourage new businesses to locate m Huntington Beach ➢Continue to provide for quality develop :,, PURPOSE ftbit'd) ➢The Entitlement Process is strearnhned by ➢Reducing number of CUP'11fs heard by . . .. . :Planning ommissiomAnd.Zoning Administrator ➢Increasing the Zoning Adrnini trator's discretion in reviewing code exceptions ➢Modifying criteria requiring an entitlement 3 PROPOSED ENTITLEMENT CHANGES ➢ ZTA.eodifies exist mg'pohaies ➢ Amends 15 Chapters of tfi6I6riing Code Amends various sections of:the Downtown Specific Plan Examples:'include .. Restaurants w%Drive`Through Current Proposed Zoning Administrator Neighborhood Notification 3 Months 3 Weeks $3,502 $736 4 Restaurants w/Dancing Current Proposed Planning.Commission Zoning Administrator 6 Months 3 Months $6,815 $3,502 Personal Uses (e.g: Yoga and Martial Aft s``Studios) Current Proposed Zoning Administrator Neighborhood Notification (Suite size >2,500.sf). (Suite size <5,000 ) 3 Months 3 weeks $3,502 $736 5 Fence in "Front`Yard Current Proposed : Zoning Administrator Neighborhood Notification 3 Months 3 Weeks $1,937 $736 Signs (Sign Area) Current Proposed Design Review Board Neighborhood Notification (Sign area >10%) (Sign area <20%) 2 Months 3 Weeks $1,540 :$736 6 Day Care Facilities (13`or more children) Current Proposed Planning Commission Zoning Administrator .. .. :. .. .. 6 Months: 3 Months $6,815 $3,502 Offices in Ind ustrial<Areas Current Proposed Planning Commission... Zoning Administrator 6 Months 3 Months $6,815 $3,502 7 Schools in Industrial Areas AW Current Proposed Planning Commission Zoning Administrator 6 Months 3 Months $6,815 $3,502 Parking Reduction for Certain Uses Current Proposed Planning Commission Zoning Administrator 6 Months 3 Months $6,815 $3,502 8 Downtown Specific Plan CURRENT PROPOSED REVIEW REVIEW District 3:Liquor Stores,Restaurants, PC ZA Retail Sales,outdoor,Theaters District 5:Restaurants,Liquor Stores PC ZA ; District 6:Liquor Stores,Restaurants PC ZA Downtown Specific Plan Current Proposed, Review Review District 7: Automobile Service Stations,Dancing&Live PC ZA Entertainment,Health&Sports Clubs,Liquor Stores, Restaurants,Taverns,Theaters ' District 9: Dancing&Live Entertainment,Recreation PC.::. ZA Facilities,Restaurants District 10:Museums,Restaurants PC ZA 9 FEES AND PROCESSING SUMMARY PC ZA NN $6,815 $3,502 $736 6 Mos. 3 Mos. . 3 Wks • 18 CUP's being reduced from. PC to ZA • 5 CUP's being reduced from ZA to NN ANALYSIS NOTIFICATION AND APPEAL.PROCEDURES: ➢Action on any item may De'appealed pursuant`to Chapter 248 of the ZS0 ➢Projects subject to:notice requirements ➢Planning Commission, Zoning Adr umstrator and Subdivision.Committee, Residential Infill ➢NeighborlioodNotficat low required. for' certain projects approved at the Planning Oirector level 10 Current Neighborhood Notificatior Process ➢Adjacent Property Owners and Tenants notified;' ■ Planning Commission recommendation: 150' radius ➢ 10 day review period ➢ 10 day appeatperiod ➢Building Permit and/or Certificate .of Occupancy Issued Current Neighborhood Notification Commercial Comer Cammerdai I i i I i i i I REsirjential Q STREET �.-._.- ._.-•----------------------- - i p j P ComrnercialCenter P I I j I i I ReAemial I '_ _._._._._._._._._. ---•—'Commercial i i I S-Subject Site P P I T-Notification required to Tenants `f�esr�rilial'1""-`-'-Cam'me�cral'Ge?er"----- P-Notification required to Property Owners ll ANALYSIS (cont'd) ➢Revenue Analysis (Two.Year Comparison=2002 Fees) 120 CONDITIONAL USE PERMITS,'(2002-2004)' PC ZA: Permitted. Total. : Total Fees;: CUP'S CUP's (No Fee) Collected Current Code 31 89 - 120 $223;728 Proposed Text : 2S. 74 21 120 $18026 . Amendment . END OF SLIDE SHOW 12 741 LIMA MEETING DATE: April 19, 2004 DEPARTMENT RECEIVED SUBJECT: REQUESTING: DATE Planning 04/01/04 ZTA 03-02 Streamlining Phase 11 TODAY'S DATE April 1, 2004 VERIFIED BY ADMININSTRATION: APPROVED BY: RarSilver City Administrator April 1,2004 12:51 PM i CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARING REQUEST SUBJECT: WO. DEP TMENT: . 1-.A x 'MEETING DATE: CO ACT: ASP PHONE: f& N/A, YES NO Is the notice attached? { ) ( ( ) Do the Heading and Closing of Notice reflect City Council(and/or Redevelopment Agency)hearing? Are the date,day and time of the public hearing correct? i If an appeal,is the appellant's name included in the notice? i ( ) ( ) If Coastal Development Permit,does the notice include appeal language? i nn^^ ( ) ( ) Is there an Environmental Status to be approved by Council? ( ) Is a map attached for publication? ( ) ( ( ) Is a larger ad required? Size Vy Dd.�d= ( ) ( ) Is the verification statement attached indicating the source and accuracy of the mailing list? ( ( ) ( ) Are the applicant's name and address part of the mailing labels? ( ) ( ) Are the appellant's name and address part of the marling labels? ( ( ) ( ) If Coastal Development Permit,is the Coastal Commission part of the mailing labels? i . ( ( ) ( ) If Coastal Development Permit,are the resident labels attached? Is the Report 33433 attached? (Economic Development Dept items only) Pleas complete the following: _ 1. Minimum days from publication to hearing date 1 y 2. Number of times to be published 1 3. Number of days between publications -7` 21 NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, April 19, 2004, 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. 03-02 (ENTITLEMENT PERMIT STREAMLINING PHASE II): Applicant: City of Huntington Beach Request: To amend 15 chapters of the Huntington Beach Zoning and Subdivision Ordinance, codify policies and clarify certain sections of existing codes and amend various sections of the Downtown Specific Plan SP 5. 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 is categorically exempt from the provisions of the California Environmental Quality Act. r ON FILE: A copy of the proposed request is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office on (Thursday before meeting) April 15, 2004 . 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 (g:1ega1s:CCLGFRM2a) PUBLIC HEARING NOTIFICATION CHECKLIST"B" MAILING LABELS—January 6,2004 Glabels\tabels\Public Hearing Planning Director 24 James Jones 31 HB Hamptons HOA 38 City of Seal B Ocean View Ele tart' Progressive Co ty Mgmt. 211 Eight School Dist 27405 Pue eal,#300 Seal B ch,CA 90740 17200 P ehurst Lane �Iissio iego,CA 92691 H gton Beach CA 92647 California Coastal Commission 25 Jon M.Archibald 32 Sally Graham 39 Theresa Henry Weslinster S of District Meadowlar ea South Coast Area Office 14121 Ce ood Avenue 5161 g Circle 200 Oceangate, loth Floor Wes ster CA 92683 H gton Beach,CA 92649 Long Beach,CA 92802-4302 California Coastal Commission 25 Patricia Koch 33 Cheryle Brow 39 South Coast Area Office HB Union ' School Disrict Meadowla rea 200 Oceangate,10th Floor 10251 Y town Avenue 1677 oosevelt Lane Long Beach,CA 92802-4302 Hun ' gton Beach,C_-192646 Huntington Beach,CA 92649 Robert Joseph 26 CSA,Inc. 34 Hearthside Homes 40 Caltrans Di ct 12 Marshall pp,President 6 Executive Circle,Suite 250 3337 iV ' erson Drive,Suite 380 204 Na Irvine,CA 92614 I e,CA 92612-1699 Ne ort Beach,CA 92660 Director 27 Goldenwest Co ge 35 Bolsa'Chica Lan st 41 Local Solid W e Enf.Agy. Attu:Fred wens 5200 Warn venue;Ste._108 O.C.Hea Care Agency 15744 oldenwesf St. Hun ' on Beach,Ct192649 P.O. x 355 H gton Beach CA 92647 Sa a Ana,CA 92702 New Growth Coordinator 28 OC County Ha rs,Beach 36 Bolsa Chica L rust 41 Huntington Beach Post Office and Parks ept. Evan Hen resident 6771 Warner Ave. P. O.B . 4 448 1812 P Tiffin Place Huntington Beach,CA 92647 Sant Ana,CA 92702-4048 Newport Beach,CA 92660 Marc Ecker 29 Huntington Beach Mall 37 Ed DeMeulle,C erson 42 Fountain ey Elem.School Dist. Mtn:Pat Rogers-Laude SEHBNA 1721 ak Street 7777 Edinger Ave.#300 9441 ircle F el Valley. CA.92708 Huntington Beach.CA 92647 H gton Beach,C,�,92646 Dr. Gary Rutherfo uper. 30 Country View Est s HOA 38 OC Sanitation ct 42 HB City Elem ary School Dist. Carrie Thom 10844 Elli venue 20451 Cr ' er Lane 6642 Tro r Drive Foun ' Valley CA 92708 Hun ' gton Beach,CA 92648 Hun ' gton Beach CA 92648 David Perry 30 Country View Est s HOA 38 Ed Blackford, sident 42 HB City El entary School Dist. Gerald Chap AES Hun ' gton Beach,LLC 20451 aimer Lane 6742 S ircle 21730 ewland Street H gton Beach,CA 92648 Hun ' on Beach CA 92648 Huntington Beach CA 92646 Mark Bixby 17451 Hillgate Lane Huntington Beach CA 92649 PUBLIC HEARING NOTIFICATION CHECKLIST"B" MAILING LABELS-January 6,2004 G:Labels\Labels\Public Hearing President 1 Huntington H!5.be POA 10 Sue Johnson 16 H.B. Chamber of Commerce P.O.Box 7K 19671 Q ay Lane 19891 Beach Blvd.,Ste. 140 Sunset each,CA 90742 Hun ' on Beach,CA 92648 Huntington Beach,CA 92648 Betty Jo Woollett 2 William D.Holman 11 Edna Littlebury 17 Orange County Assoc.of Realtors PLC Gldn St.Mob.Hm. Owners Leag. 25552 La Paz Road 19 Corporate Plaza Drive 11021 ;Magnolia Blvd. Laguna Hills,CA 92653 Newport Beach CA 92660-7912 Garden Grove,CA 92642 President 3 Mr.Tom Zanic 12 Pacific Coast Archa ogical 18 Amigos De B a Chica New Urban West Society,Inc. 16531 Bol Chica Street,Suite 312 520 Broadway Ste. 100 P.O. Box 26 Hun ' on Beach,CA 92649 Santa Monica,CA 90401 Costa esa,CA 92627 A :Jane Gothold Sunset Beach mmunity Assoc. 4 Pres.,H.B.Fist.Society 13 Director 19 Pat Thies resident C/O Newland House Museum O.C. Ping.&Dev.Services Dept. PO B 215 19820 Beach Blvd. P.O.Box 4048 S et Beach,CA 90742-0215 Huntington Beach,CA 92648 Santa Ana,CA 92702-4048 President. 5 Community Services Dept. 14. -Vicky Wilson 19 Huntington Beach Tomorrow Chairperson': O.C.-Public Facilities&Res-Dept. PO Box 865 Historical Resources Bd. P. O.Box 4048 Huntington Beach,CA 92648 Santa Ana,CA 927024848 Julie Vandermost 6 Council�o�n� g 15 Planning Direc 20 BLS-OC 1706 Oe. Ciry of Co Iesa17744 Sky Park Circle,#170 H gch,CA 92648 P.O. x 1200 Irvine CA 92614-4441 Co a Mesa,CA 92628-1200 RicharZSpice 7 Jeff Metzel 16 Planning Directo 21 SCAG Seacliff A City of Fo Valley 818 Wh Floor 1939 hady Harbor Circle 10200 ater Ave. Lo ngeles,CA 90017 tington Beach,CA 92648 F qon rain Valley,CA 92708. E.T.I.Corral 100 8 John Roe 16 Planning Director 22 Mary Bell Seacliff A City of NeN rt Beach 20292 Eastwood Cir. 193 Surfdale Lane P.O.B 1768 Huntington Beach,CA 92646 untington Beach,CA 92648 N ort Beach,CA 92663-8915 Al Hendricker 9 Lou iVlannone 16 Planning Director 23 Environmental Board Chairman Seacliff H City of Wes ster 8452 Grace Circle 1982 cean Bluff Circle 8200��! ster Blvd. Huntington Beach,CA 92646 tington Beach CA 92648 V minster,C_k 92683 Richard A. Harlow Mike Adams 211—B Main Street 21190 Beach Blvd. Huntington Beach, CA 92648 Huntington Beach, CA 92648 IX CUT d PASTE NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, April 19, 2004, 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. 03-02 (ENTITLEMENT PERMIT STREAMLINING PHASE II): Applicant: City of Huntington Beach Request: To amend 15 chapters of the Huntington Beach Zoning and Subdivision Ordinance, codify policies and clarify certain sections of existing codes and amend various sections of the Downtown Specific Plan SP 5. 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 is categorically exempt from the provisions of the California Environmental Quality Act. ON FILE: A copy of the proposed request is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office on (Thursday before meeting) April 15, 2004 . 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 (g:legals:CCLGFRM2a)