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HomeMy WebLinkAboutZoning Text Amendment 07-001 - Design Review Board - DRB - A Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County,State of California,under date of Aug.24, 1994,case A50479. PROOF OF PUBLICATION STATE OF CALIFORNIA ) CITY OF SS' HUNTINGTON BEACH COUNTY OF ORANGE ) LEGAL NOTICE ORDINANCE NO.3867 Adopted by the City Council on 1 am the Citizen of the United States and a MARCH 1; OF "AN ORDINANCE OF THE resident of the County aforesaid; I am over BIEA.CHE AMETNNDING CHAPTER 210 THE the age of eighteen years, and not a party HUNTINGTON OBEACH' to or interested in the below entitled matter. ZONING AND SUBDIVI ,SION ORDINANCE TITLED' I am a principal clerk of the HUNTINGTON SYN PSIS: - STRICTS" BEACH INDEPENDENT, a newspaper of AMENDMENT (ZTA) of general circulation, printed and published in TINGTON BEACTHE ONING the city of Huntington Beach, County of AND°SUBDIVISION CROP NANCE CHAPTER 244 Orange, State of California, and the DESIGN REVIEW AND AS- SOCIATED 'CHAPTERS: complete co T H I 'N c L u D E attached Notice is a true and com p copy CHANGING THE COMPO- SITION''AND SCOPE.OF as was printed and published on the THE DESIGN REVIEW TO following date(s). TH EEDAT-ARGECLUDE MEM- ,BERS, ONE .'PLANNING COMMISSIONER', AND ONE HISTORIC. RE- SOURCES BOARD, MEM- BER. THE ZTA ALSO IN- CLUDES MINOR } L'ANGU:'AGE-' AMENDMENTS TO VAR- IOUS CHAPTERS OF THE ' ZONING' AND SUBDIVI- , SIONRELAT- March 11 2010 SEDT ORDINANCE REVIEW. , j ED TO DESIGN REVIEW., I PASSED AND ADOPTED . j by the City Council of, the City of. Huntington , Beach at,a regular meet- mg'held March 1, 20f0 by the following roll call ' declare, under penalty of perjury, that the AYES: Carchio, Coerper, (Hardy, Green, Bohr„ foregoing is true and correct. Dwyer,Hansen. NOES:None ABSTAIN:None ABSENT:None THE FULL TEXT.OF THE ORDINANCE IS `AVAIL- Executed on March 12, 2010 ABLE IN THE CITY .CLERK'S OFFICE. . at Costa Mesa, California This ordinance is effec- tive '30, days after l adoption. CITY OF HUNTINGTON BEACH, , e 2000 MAIN STREET j,•HUNTINGTON BEACH,. CA 92648 SI ure 714-536-5222 j JOAN L.FLYNN, CITY CLERK Published Huntington+ Beach: Independent, (March 11,2010 032.413 Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County, State of California,under date of Aug. 24, 1994,case A50479. PR00"F OF PUBLICATION STATE OF CALIFORNIA ) SS. PITY OF 1 UNTINGTON BEAtN f COUNTY OF ORANGE ) "' 'LEGALNOTLCE ORDINANCE NOA868 I Adopted by the City Council on I am the Citizen of the United States and a MARCH 1;26101' "AN ORDINANCE OF THE resident of the County aforesaid; I am over CITY OF, HUNTINGTON`1 BEACH AMENDING, j the age of eighteen years, and not a party CHAPTER 21r-OF `THE HUNTINGTON BEACH to or interested In the below entitled matter. ZONING AND;,SUBDIVI- SION ORDINANCE TITLED ! am a principal clerk of the HUNTINGTON COMMERCIAL DIS, BEACH INDEPENDENT, a newspaper of SYINOPSIS: ZONING, .TEXT general circulation, printed and published In AMENDMENT,(ZTA) 07- 001 AMENDS.THE'HUN- f the City of Huntington Beach, County of TINGTON BEACH ZONING, ,.AND.SUBDIVISION'ORDI Orange, State of California, and the NANCE CHAPTER 244 i DESIGN REVIEW AND AS- 1 attached Notice is a true and complete copy SOCIATED CHAPTERS. ! THIS IN'CLUDES as was printed and published on the CHANGING THE COMP.O SITION AND SCOPE OF , following date(s): THE "DESIGN' REVIEW BOARD TO INCLUDE THREE..AT-LARGE MEM BERS; ONE PLANNING COMMISSIONER,;AND ONE HISTORIC RE- SOURCES BOARD MEM- BER. THE ZTA ALSO IN C L U D E S M1N.OR L A.,N,G.0 A ,E-- .AMENDMENTS TO VAR- IOUS CHAPTERS,OF THE March 11, 2010 ZONING AND SUBDIVI- SION ORDINANCE RELAT- ED TO DESIGN REVIEW: PASSED AND :ADOPTED I by the,City Council of j the City of-Huntington I Beach.at a regular meet- ing held,March 1_2010 declare, under penalty of perjury, that the by the following roll call vote: foregoing is true and correct. AYES: Carchio,-Coerper,. Hardy, Green,',B,ohr, Dwyer;Hansen, NOES:None ABSTAIN:None ABSENT:None Executed on March 12, 2010 THE FULL TEXT OF THE ORDINANCE IS AVAIL- at Costa Mesa, California ABLE IN 'THE CITY CLERK'S OFFICE. d This ordinance is effec-tive...30 days after adoption. CITY OF { HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, } Sig re - CA,92648 714-536-5227, ' JOAN L,FLYNN,, CITY'CLERK Published Huntington Beach Independent March•IL,2010 032-414. Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County,State of California,under date of Aug.24, 1994,case A50479. PROOF OF PUBLICATION STATE OF CALIFORNIA ) - MY OF ) SS. HUNINGTON BEACH COUNTY OF ORANGE ) tI :ORDINAN CE NO.NOTia 3869 Adopted by the Cityy Council on 1 am the Citizen of the United States and a "AN ORDINANCE OFOTHE HUNTINGTON resident of the County aforesaid; I am over BIEACHF AMENDING the age of eighteen years, and not a party HUNTNGTON OF to or interested in the below entitled matter. ZONING ONI ORD NANCE TBD1ED am a principal clerk of the HUNTINGTON SYNOPSISLDISTRICTS BEACH INDEPENDENT, a newspaper of AMENDMENT (ZTA) of �001 AMENDS THE HUN- general circulation, printed and published in TINGTON BEACH ZONING AND SUBDIVISION ORDI- the City of Huntington Beach, County of NANCE CHAPTER 244 DESIGN REVIEW AND AS- Orange, State of California, and the SOCIATED CHAPTERS. THIS INCLUDES attached Notice is a true and complete copy CHANGING THE COMPO- SITION AND SCOPE'OF as was printed and published on the THE DESIGN REVIEW BOARD TO INCLUDE following date(s): THREE;AT-LARGE MEM- BERS, >ONE PLANNING COMMISSIONER, AND ONE HISTORIC RE- SOURCES BOARD MEM- BER. THE ZTA ALSO IN' C L U D E S _MINOR L A N G:U A G E . AMENDMENTS TO VAR- IOUS CHAPTERS OF THE March 11, 2010 ZONING AND SUBDIVI- SION ORDINANCE RELAT- ED TO DESIGN REVIEW. .PASSED AND ADOPTED ,by the City-Council of the city of Huntington Beach at a regular meet. mg.held March 1, 2010 1 declare, under penalty of perjury, that the (by the following roll call, vote: _ foregoing is true and correct. ' AYES: carchio, coerper; Hardy, Green; Bohr, Dwyer,Hansen:,,` NOES:None 1. AB STAIN:None Executed on March 11, 2010 ABSENT:None at Costa Mesa, California ORDINAN E-IS AVAIL ABLE IN THE .CITY CLERK'S'OFFICE. This ordinance is effec- tive 30 days after adoption.. CITY OF HUNTINGTON BEACH 2000 MA N STREET Signa HUNT GTONBEACH, CA 92648 714-536-5227' J JOAN L.FLYNN, II CITY CLERK 4 Published Huntington Beach Independent March 11,2010-'032-415 Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County, State of California,under date of Aug. 24, 1994,case A50479. PROOF OF PUBLICATION STATE OF CALIFORNIA ) ) SS. CITY Of, COUNTY OF ORANGE HUNTINGTON BEACH j LEGAL NOTICE ORDINANCE NO.3870 I am the Citizen of the United States and a gat°yPc;�„;,';„ I' MARCH 1,2010 resident of the County aforesaid; I am over AN ORDINANCE OF THE i CITY .OF HUNTINGTON the age of eighteen years, and not a party ;BEACH AMENDING i to or interested in the below entitled matter. 1HUNTINGTON °BEACH ,.ZONING AND SUBDIVI- I am a principal clerk of the HUNTINGTON SION ORDINANCE-TITLED_' OPEN SPACE DISTRICT" BEACH INDEPENDENT, a newspaper of SYNOPSIS: i ZONING TEXT ' general circulation, printed and published In •AMENDMENT,(ZTA) 07- 001 AMENDS THE-HUN- the City of Huntington Beach, County of TINGTON BEACH ZONING AND SUBDIVISION ORDI- Orange, State of California, and the NANCE CHAPTER 244 DESIGN,REVIEW AND'AS- attached Notice is a true and complete copy SOCIATED 'CHAPTERS': I THIS INCLUDES as was printed and published on the CHANGING,THE COMPO- OPE SITION AND OF following date(s). THE -DESIGN CREVIEW ; BOARD TO INCLUDE; THREE AT-LARGE MEM-, ; 'BERS, ONE PLANNING . .;,COMMISSIONER,, AND LONE HISTORIC RE 'SOURCES BOARD. MEM- 'BER. THE ZTA ALSO IN- CLUDES MINOR , March 11, 2010 AMENDME TSATO VAR- IOUS CHAPTERS OF.THE `ZONING' AND SUBDIVI- i SION ORDINANCE RELAT- ED TO DESIGN REVIEW. PASSED AND ADOPTED by the City Council of declare, under penalty of perjury, that the the city of Huntington eet- Beach at a regular meet- ing held March 1, 2010 foregoing is true and correct. byjhe following roll call vote; AYES:.Carchio,•Coerper, Hardy; Green, Bohr, '. Dwyer,Hansen ,NOES:None Executed on March 11, 2010 ABSTAIN:None ABSENT:None,. THE FULL TXT OF TH at Costa Mesa, California ORD NANCEE IS AVAILS ABLE IN, THE CITY CLERK'S OFFICE. This ordinance is effec- tive 30 days after adoption. C' 1 `_ E��✓� ` CITY OF. Signature HUNTINGTON BEACH C7 2000 MAIN STREET HUNTINGTON BEACH; CA 92648 714-536-5227 'JOAN L.FLYNN, CITY CLERK. Published Huntington "Beach Independent March 11,.2010 032-416 Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County,State of California,under date of Aug.24, 1994,case A50479. PROOF OF PUBLICATION STATE OF CALIFORNIA ) - ' CITY OF HUNTINGTON BEACH TAT �T(� ) SS. LEGALHOTICE- 871 CO COUNTY TY OF ORANGE ) ORDINANCE by t e Adopted by the City Council on MARCH 1,2010 "AN ORDINANCE OF THE I am the Citizen of the United States and a CITY BEACH HUNTI AMEND NG . resident of the County aforesaid; I am over CHAPTER 214 OF THE i r HUNTINGTON. BEACH. ZONING AND SUBDIVI- the age of eighteen years, and not a party SION ORDINANCE TITLED, to or interested in the below entitled matter. TPU R LIC-SEMIPUBLIC DIS SYNOPSIS: am a principal clerk of the HUNTINGTON Z O N I N G T E X T, 07-1 BEACH INDEPENDENT, a newspaper of oo TINGTON BEACH ZONING E a ENDS THE MENT"(ZTA)HUN general circulation, printed and published In AND SUBDIVISION ORDI- NANCE CHAPTER 244, the City of Huntington Beach, County of DESIGN REVIEW AND AS- SOCIATED. CHAPTERS.I Orange, State of California, and the �T H I S. I N C L U D E S attached Notice is a true and complete copy CHANGING AGND HSCO E o THE %DESIGN REVIEW as was printed and published on the BOARD TO INCLUDE THREE AT-LARGE MEM- following date(s). BERS, ONE PLANNING COMMISSIONER AND ONE HISTORIC RE- SOURCES BOARD MEM-1 BER. THE ZTA ALSO IN-I CLUDES MINOR1 L A N G U A G E ' AMENDMENTS TO' VAR IOUS CHAPTERS OF THE, ZONING AND SUBDIVI SION ORDINANCE RELAT-. ED TO DESIGN REVIEW. March 11, 2010 PASSED AND_ ADOPTED by the City Council of the City of Huntington Beach at a regular meet- ing held March.1, 2010 by the following roll call voter. declare, under penalty of perjury, that the AYES: GaGree CoBohr, Hardy, Green, Bohr, Dwyer,Hansen foregoing is true and correct. NOES:None ABSTAIN-,None -ABSENT,None THE FULL TEXT'OF THE ORDINANCE IS AVAIL- Executed on March 12, 2010 ABLE IN 'THE CITY ' CLERK'S-OFFICE. ! This ordinance is effec-i at Costa Mesa, California tive 30 days after] adoption. CITY OF HUNTINGTON BEACH 2000 MAIN STREET f HUNTINGTON BEACH; CA 92648 I 714-536-5227, JOAN'L.FLYNN, Sig ure CITYCLERK Published, Huntington; Beach Independent; March 11,2010 032-417' Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County,State of California,under date of Aug.24, 1994,case A50479. PROOF OF PUB"LICATION CITY OF- STATE OF CALIFORNIA HURTIMO76HBEACH LEGAL NOTICE . ORDINANCEN0.3872' ' SS. Adopted by the COUNTY OF ORANGE ) cil on MARCH,"2010 E.OF "AN ORDINANCE.OF-THE . CITY OF HUNTINGTON BEACH AMENDING I am the Citizen of the United States and a HUNPTINGTON TER THE resident of the County aforesaid; I am over -ZONING ORDNANCE TITLED SIGNS"' the age of eighteen years, and not a party S p NPSIS G T E X T to or interested in the below entitled matter. AMENDMENT (ZTA) 07- 001 AMENDS.THE HUN- T am a principal clerk of the HUNTINGTON TINGTON BEACH ZONING. BEACH INDEPENDENT, a newspaper of NANCE SUBDIVISION CHAPTTER 244 DESIGN REVIEW AND AS- general circulation, printed and published in SOCIATED CHAPTERS. ' the city of Huntington Beach, County Of THIS INCLUDESCHANGING THE COMPO- SITION AND SCOPE. OF Orange, State of California, and the THE DESIGN REVIEW BOARD .TO INCLUDE attached Notice is a true and complete copy THREE,AT-LARGE MEM- BERS,as was printed and published on the COMONE PLANNING OMMISSIONER, AND, following date(s): SOURC SSTORIC BOARD MEM- BER. THE ZTA ALSO IN- CLUDES- M-IN0R 'L A N G U A G E AMENDMENTS TO VAR- IOUS CHAPTERS OF THE ZONING :AND SUBDIVI- SION ORDINANCE RELAT- ED TO DESIGN REVIEW. March 11, 2010 !PASSED AND ADOPTED' by the City. Council ,of the City of Huntington, Beach at a regular meet- . ing held March 1; 2010.. by the following roll call i.vote:' declare, under penalty of perjury, that the AYES: Ca Hardy, Gree G ree n, Boh Co Bohr, ' r,. Dwyer,Hansen foregoing is true and correct. NOES:None ABSTAIN:None ABSENT:None THE FULL TEXT OF THE '.ORDINANCE IS AVAIL-. Executed on March 11, 2010 c ERWS OFFICE.LE IN E CITY i This'ordinance.is effec- at Costa Mesa, California hive, 30 days after adoptlon. CITY OF I HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648' 714-536-5227 SignJOAN L.FLYNN, a CITY CLERK Published Huntington Beach. .lmdependent,` )March,ll,2010 032-418 i Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County,State of California,under date of Aug. 24, 1994,case A50479. PROOF OF PUBLICATION STATE OF CALIFORNIA ) Off'OF SS. HUNTINGTON BEACH COUNTY OF ORANGE ) LEGAL NOTICE ORDINANCE NO.3873 Adopted by the City Coandloa am the Citizen of the United States and a MARCH ICE OF "AN ORDINANCE OF THE resident of the County aforesaid; I am over CITY' HUNTINGTON� BEACHH AMENDD INGING the age of eighteen ears, and not a art CHAPTER O -B THE g g y party HUNTINGTON BEACH to or interested in the below entitled matter. ZONING.AND SUBDI SION ORDINANCE TITLED I am a principal clerk of the HUNTINGTON sY�oN REVIEW" BEACH INDEPENDENT, a newspaper of Z 0 N I NT (ZT.E T 001 AMENDS,THE HUN- general circulation, printed and published in TINGTON BEACH ZONING AND SUBDIVISION.ORDI-, the City of Huntington Beach, County of NANCE- CHAPTER 244' Orange, State of California, and the .DESIGN SOC ATEDVIEW CHAP ERS.. ;THIS INCLUDES• attached Notice is a true and complete copy CHANGING THE COMPO- ANDas was printed and published on the THEONOPE DESIGN CREVI W' O ILUDE following date(s): THREE°AT ARGE MEM- BERS, ONE ,.PLANNING COMMISSIONER, AND ONE 'HISTORIC RE- SOURCES,BOARD MEM- 'BER. THE ZTA-ALSO IN- CLUDES'. MINOR AMENDMENTS TO VAR- IOUS CHOF THE' March 11, 2010 ZONING RAND SSUBDIVI- SION ORDINANCE RELAT- 'ED.TO DESIGN REVIEW. .. PASSED AND ADOPTED by the ,City..Council of the City of Huntington Beach at a regular_meet- ing held March 1, 2010. 1 declare, under penalty of perjury, that the by the followingroll call vote: foregoing is true and correct. -AYES: Carchio, Coerper, Hardy,, Green, Bohr, Dwyer Hansen HOES:None ABSTAIN:None Executed on March 11, 2010 THE FUh TEXT-OF THE OINat Costa Mesa, California ABLE A NCE THE,ACITY CLERK'S OFFICE.'- This ordinance is offec tive 30 days after ,adoption. C� CITY: HUNTINGTONN BEACH 2000 MAIN STREET SI n HUNTINGTON BEACH, g -CA 92648 714-536-5227 JOAN'L.FLYNN, CITY CLERK f Published 'Huntington Beach Independent March 11,2010.'032-419 City ®f Huntington Beat 2000 Main Street o Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK ® NOTICE OF AC C FLYNN LERK February 24, 2010 Planning Department City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 SUBJECT: ZONING TEXT AMENDMENT NO. 07-001 AMENDING ZONING AND SUBDIVISION ORDINANCE CHAPTER 244 REGARDING THE DESIGN REVIEW BOARD AND ASSOCIATED CHAPTERS APPLICANT: City of Huntington Beach Planning Department 2000 Main Street, Huntington Beach, CA 92648 LOCATION: Citywide DATE OF ACTION: February 16, 2010 On Tuesday, February 16, 2010 the City Council of the City of Huntington Beach took action on your application and approved as amended Zoning Text Amendment No. 07-001 with Findings for Approval, and approved for introduction Ordinance No. 3873 amending Chapter 244 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) relating to Design Review; Ordinance No. 3867 amending Chapter 210 of the HBZSO titled Residential Districts; Ordinance No. 3868 amending Chapter 211 of the HBZSO titled Commercial Districts; Ordinance No. 3869 amending Chapter 212 of the HBZSO titled Industrial Districts; Ordinance No. 3870 amending Chapter 213 of the HBZSO titled Open Space District; Ordinance No 3871 amending Chapter 214 of the HBZSO titled PS Public-Semipublic Public District; Ordinance No. 3872 amending Chapter 233 of the HBZSO titled Signs. All the ordinances are scheduled to be adopted at the March 1, 2010 City Council meeting and become effective 30-days later on March 31, 2010. Attached to this letter are the Findings for Approval for ZTA 07-001, a draft copy of Ordinance Nos. 3867 through 3873, and pages 5 and 6 of the City Council Action Agenda relating to this item. If you have any questions, please contact Rosemary Medel, Associate Planner at (714) 374- 1684, or the Planning Department Zoning Counter at (714) 536-5271. Sincerely, tFlynn, CMC rk 4'g) JM:pe Attachments Findings for Approval for ZTA 07-001 Draft copies of Ordinance Nos. 3867 —3873 Action Agenda pages 3 through 5 Sister Cities: Anjo, Japan • Waitakere, New Zealand (Telephone: 714-536-5227) FINDINGS OF APPROVAL, ZONING TEXT AMENDMENT NO. 07-001 FINDINGS FOR APPROVAL -ZONING'TEXT AMENDMENT NO. 07-001 1. Zoning Text Amendment No. 07-001 amending Chapter 244 Design Review of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to change the composition and scope of the Design Review Board; clean-up Chapters 210 Residential Districts, 211 Commercial Districts, 212 Industrial Districts, 213 Open Space District, and 214 Public Semi-Public; and amend Chapter 233 Signs is consistent with the goals, objectives, policies, general land uses and programs specified in the General Plan that speak to the composition of the Design Review Board, scope of the authority of the Design Review Board and the Review of Plans in the ZSO of the City of Huntington Beach. 2. In the case of a general land use provision,the zoning text amendment is compatible with the uses authorized in, and the standards prescribed for, the various zoning districts for which it is proposed because the duties of the Design Review Board remain fundamentally the same and the Board will continue to review projects in areas designated by the City Council. 3. A community need is demonstrated for the proposed amendments because a minimum of four members will have had training, education or expertise in a design related field, which will strengthen and facilitate Design Review Board decisions. The DRB will continue to have a staff liaison to provide clarification of applicable development standards and City policy. 4. The adoption of this ordinance will be in conformity with public convenience, general welfare and good zoning practice. The zoning text amendment eliminates the need for review of signs in redevelopment project areas but now requires the review of City Facilities, projects abutting or adjoining City Facilities and projects abutting or adjoining OS-PR and OS-S districts. Pursuant to the Scope of Review, the Design Review Board will make its determination based on the relationship of other developments to proposed projects, architectural design, aesthetic compatibility and adequacy of landscaping. The changes focus the Design Review Board's action to matters related to design and aesthetics that are the purview of their expertise and target those areas of the City that warrant special design consideration. Presentation - Mayor Green to call on Para Alagata to introduce the newly crowned Miss Huntington Beach and her court. Mayor's Award - Mayor Green to call on Police Chief Ken Small to present the Mayor's Award to Nilda Patino de Berndt—Community Relations Specialist for the Police Department. PUBLIC COMMENTS (3 Minute Time Limit) This is the time of the meeting for the City Council to receive comrtl from the public regarding items of interest on agenda items not scheduled for Pu; c Hearing. Pursuant to the Brown (Open Meeting)Act, the City Council may not enter discussion regarding items not on the City Council agenda. Members of the publicwho wish to speak to a member of the Council on an item not on the agenda may consider s #tng up an individual appointment by contacting the Council's Administrative Assistant at 714 6-5553. The City Council strives to treat members of the publicaitt respect. Comment €fir concerns provided by the public shall be done in a civil ancf;hespectful manner. 95 Speakers COUNCIL COMMITTEE /APPOINTMENTS / LIAtWN REPORTS AND ALL AB 1234 DISCLOSURE REPORTING Councilmember Coerper reported the 311 Cornm4t`tee and Delta Report (agenda item #14) CITY ADMINISTRATOR'S REPORT None PUBLIC HEARING_'_ 1. (City Council):Public He, ring to con4 er adoption of Resolution No. 2010- 12 approving General Plan Arnenrne GPA) 09-001 (Commercial Office Floe Area Ratro'J\,A ) Amendme #)on an approximately 2.71-acre lot at tie 64stA ide of GbIdenwest Street, between Warner Avenue and Betty give (foritgcationpf Patti's Preschool and Kindergarten). Planning Commsion and,_Staff Recommended Action Approve General lion Amendment No. 09-001 by adopting Resolution No. 2@4,-,12, "A Resol fibn of the City Council of the City of Huntington Beach, Califoihia, Apprpying General Plan Amendment No. 09-001." 2 Speakers Approved. 0_.� 2. (City Council) Public hearing to consider Zoning Text Amendment (ZTA) No. 07-001 modifying the composition and scope of the Design Review Board (DRB) by amending Chapter 244 Design Review and associated chapters of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO); approve for introduction Ordinance No. 3866 (Planning Commission Recommendation) OR Ordinance No. 3873 (Staff Recommendation); and, approve for introduction Ordinance Nos. 3867 through 3872 (Planning Commission and Staff Recommendation). Council/Agency Action Agenda—Tuesday, February 16, 2010 Page 3 CONTINUED FROM THE FEBRUARY 1, 2010 CITY COUNCIL MEETING. Staff Recommended Action: Approve Zoning Text Amendment No. 07-001 for three At-Large members, one Planning Commission member, and one Historic Resources Board member with findings for approval; and, after City Clerk reads by title, approve for introduction Ordinance No. 3873, "An Ordinance of the City of Huntington Beach Amending Chapter 244 of the Huntington Beach Zoning and Subdivision Ordinance Titled Design Review." City Clerk Joan L. Flynn announced one Late CommygIJdAtion. 2 Speakers (spoke during Public Comments section of°the meeting) Approved as amended to have the Design Review'Board's five members interviewed by Councilmember liaisons an�d"aprovedby the City Council. Amends ZSO Chapter 244, Section 244.0 'A Approved 6-1 (Green No) Planning Commission ReGemm__ rn Approve ZoniRg Te)d Amendment � ; HURtingtGR13eaGhZeni and'' Ail'"" Clerk reads by title, approve�,_ #96 wtinn Planning Comemssron,and Staff`Recommended Action a) After City;Clerk reads by title;:approve for introduction Ordinance No. 3867, "An Ordinand of the City,.,of Huntington Beach Amending Chapter 21 Of,o#;the Hunting Beach Zoning and Subdivision Ordinance Titled Residential Distrt�cts;" and; , Approve tl 6;1 (Green no) b) After City Clerk reads by title, approve for introduction Ordinance No. 3868, "An Ordih h.6e of the City of Huntington Beach Amending Chapter 211 of the Huntington=,Beach Zoning and Subdivision Ordinance Titled Commercial pistricts" and, Approved 6=1 (Green no) c) After City,Clerk reads by title, approve for introduction Ordinance No. 3869, "An Ordinance of the City of Huntington Beach Amending Chapter 212 of the Huntington Beach Zoning and Subdivision Ordinance Titled Industrial Districts;" and, Approved 6-1 (Green no) d) After City Clerk reads by title, approve for introduction Ordinance No. 3870, "An Ordinance of the City of Huntington Beach Amending Chapter 213 of the Huntington Beach Zoning and Subdivision Ordinance Titled Open Space District;" and, Approved 6-1 (Green no) Council/Agency Action Agenda—Tuesday, February 16, 2010 Page 4 e) After City Clerk reads by title, approve for introduction Ordinance No. 3871, "An Ordinance of the City of Huntington Beach Amending Chapter 214 of the Huntington Beach Zoning and Subdivision Ordinance Titled Public-Semipublic District;" and, Approved 6-1 (Green no) f) After City Clerk reads by title, approve for introduction Ordinance.No. 3872, "An Ordinance of the City of Huntington BeachAmending Chapter 233 of the Huntington Beach Zoning and Subdivisro�i3rdinance Titled Signs." Approved 6-1 (Green no) CONSENT CALENDAR lk 3. (City Council/Redevelopment Agency),Approve and adopt mil" tes. Recommended Action: Approve and adopt the minutes of the City,Council/R, tevelopment Agency special meeting of January 29, 2010, and the�C ty"Council/Redevelopment Agency regular meeting of F"ary 1, 2010, asw,ritten and on file in the Office of the City Clerk. Approved 7-0 4. (City Council) Approve amend ,,ts tc the Cis„Code of Ethics and changes in the:;process for its a p ledgement'by elected and appointed City officials as recommended by a City Council Intergovernmental Relations,'16 (IFC). Recommended Action:` a) Approve the amended "City of Huntington Beach Code of Ethics;" and, �b) Apprd*e the form,,"Acknowledgement Process for the City of Huntington Beach Cede of Ethic_ s Approved7_0 5. (Cifl(Council) Ada t Resolution No. 2010-07 calling a Public Hearing rega'raing the formation of an Underground Utility District on Edison Drive from Neland Street Easterly Terminus and Newland Street between HamiltonAversue and Pacific Coast Highway. Recommended Action: Adopt Resolution No. 2010-07, "A Resolution of the City Council of the City of Huntington Beach Calling a Public Hearing to Determine Whether Public Necessity, Health, Safety, or Welfare Require the Formation of an Underground Utility District on Edison Drive from Newland Street Easterly Terminus and Newland Street Between Hamilton Avenue and Pacific Coast Highway;" and, fixing March 15, 2010 at 6:00 PM in City Council Chambers as the time for Council/Agency Action Agenda—Tuesday, February 16, 2010 Page 5 ORDINANCE NO. 3867 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 210 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TITLED RESIDENTIAL DISTRICTS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 210.16 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 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 reviewed 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 ,20� Mayor ATTEST: A VED AS TO FORM: City Clerk CitylAttorney Dko �toq REVIE D APPROVED: INITIATW AND APPROVED: P/4"'inistrator irector of Planning ® z 07-1153.001l40(45 ® ® 14-1 ,i ORDINANCE NO. 3868 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 211 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TITLED COMMERCIAL DISTRICTS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 211.08 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 211.08 Review of Plans All applications for new construction,initial establishment of use,exterior alterations and additions shall be submitted to the Planning Department.for review. Discretionary review shall be reviewed 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 Mayor ATTEST: APP ED AS TO FORM: c City Clerk t� City Attorney D'" C10A REVIE APPROVED: INITIATED ND APPROVED: t1py Aafinistrator Q� Director of Panning 07-1163.001140147 / ®� ORDINANCE NO. 3869 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 212 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TITLED INDUSTRIAL DISTRICTS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 212.08 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 212.08 Review of glans All applications for new construction and exterior alterations and additions shall be submitted to the Planning Department for review. Discretionary review shall be reviewed 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. 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 120 Mayor ATTEST: AP OVED AS TO FORM: City Clerk City Attorney MO t t \" .REVI D APPROVED: INITIAT AND PPROVED: Of strator Direct r of Planning 07-1163.001140148 ®OW Aft® 16-1 ORDINANCE NO. 3870 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 213 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TITLED OPEN SPACE DISTRICT The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 213.10 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 213.10 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- B. Design Review Board. 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 ,20_ Mayor ATTEST: OVED AS TO FORM: City Clerk City Attorney gy. %% Or1 REVIE APPROVED: INITIATE APPROVED: C* Ad inistrator Director of Planning 97-1 i63.00 1/40 1 49 4WD 17-1 ORDINANCE NO. 3871 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 214 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TITLED PUBLIC-SEMIPUBLIC DISTRICT The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 214.10 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 214.10 Review of Plus All applications for new construction and exterior alterations and additions shall be submitted to the Planning 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 pursuant to Chapter 244. A Coastal Development Permit is required for projects in the Coastal Zone 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 , 20— Mayor ATTEST: AP ED AS TO FORM: Ci Clerk i{f{ ty Attorney t��51nq REVI D APPROVED: J INITIATED ND APPROVED: imstrator Director A Panning 07-1163.00 1140 1 50 1�-1 ORDINANCE NO. 3872 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 233 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TITLED SIGNS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 233.04 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 233.04 Permits Required Sign permits are required for all signs,unless expressly exempted under Section 233.08 or otherwise provided by this Code. A building permit application for a new sign or change in sign panel/face shall be approved by the Planning Department prior to installation and issuance of a building permit by the Building and Safety Department. A. Sign Permit. A complete sign application shall include the following information: 1. Two sets of fully-dimensioned plans drawn to scale. The plans shall include the following: a- Site plan indicating the location of all proposed signs,as well as the size and location of existing signs on the site. Photographs should be submitted if available. b. Sign elevations, indicating overall square footage and letter/figure dimensions, letter style,color(indicate standard color number if applicable),materials, proposed copy and illumination method. C. Dimensioned building elevations with existing and proposed signs depicted- 2. Property owner approval in the form of a letter or signature on the plans, approving the proposed signs and authorizing submission of the sign application_ 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. 07-1163.00 1/40 1 5 1 Ordinance No.3872 E. Planned Sign Prog[4M. Review and approval of a.Planned Sign Program pursuant to Section 233.20 is required 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 Exce tp ion: The Director may grant approval for a sign code exception of not more than 201/o in sign height or sign area. Ten(10)working days prior to submittal for a building permit,applicant shall notice adjacent property owners and tenants by first class mail. Notice of application shall include the following: 1. Name of applicant. 2. Location of planned development or use,including address. 3. Nature of the proposed development shall be fully disclosed in the notice. 4. Planning Department phone number and address of City Hall shall be provided in the notice to call for viewing plans. 5: The date by which any comments must be received in writing by the Planning Department_ 6. Planning Director shall receive entire list including name and address of those receiving the mailing. The Design Review Board shall review and render a recommendation to the Director for sign code exception requests of more than 20%in sign height or sign area supergraphics, three-dimensional signs,and relief from the strict application of Section 233.06. Neighborhood Notification required pursuant to Chapter 241. The following findings shall be made prior to approval of any sign code exception: 1. The sign is compatible with the character of the area and is needed due to special circumstances defined by the applicant and applicable to the property. 2. The sign will not adversely affect other signs in the area. 07-1163-001/401 S 1 2 19-2 Ordinance No.3872 3. The sign will not be detrimental to properties located in the vicinity. 4. The sign will not obstruct vehicular or pedestrian traffic visibility and will not be a hazardous distraction. D. Limited Si g 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 an Illegal Sign or a Prohibited Sign listed in Section 233.10. The Director may approve the face change and extend a signs use for a time period deemed appropriate,not to exceed two(2)years. A sign permit shall be obtained pursuant to Section 233.04(A)prior to installation of the new sign panel/face.- A cash bond in an amount determined by the Director to reflect the cost of removal based on information provided by a sign company shall be required to guarantee the sigh's removal upon expiration of the limited sign permit. Approval shall be subject to the following findings: 1. Due to unique circumstances,the signs immediate removal will result in a substantial hardship for the applicant. 2. The sign will not adversely affect other lawfully erected signs in the area. 3. The sign will not be detrimental to properties located in the vicinity. 4. The sign will be in keeping with the character of the surrounding area. 5. The sign will not obstruct vehicular or pedestrian traffic visibility and will not be a hazardous distraction. E_ Design Review Board. 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 issuance of a permit by the Planning and/or Building& Safety Departments for the following: i. Electronic Readerboard Signs. 2. Signs on properties within the following areas: a. Areas subject to specific plans which do not include specific guidelines for signs; b. OS-PR(Open Space-Parks and Recreation)and OS-S (Open Space-Shoreline districts); and C. Any other area designated by the City Council. 3. DRB review or approval shall not be required for signs in Redevelopment Agency project areas_ 07-1163.001/40151 3 19-3 Ordinance No.3872 F. Tem o�rary Sign Permits. The Director may issue a temporary$ign 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 signs that comply with Section 233.18 are permitted up to a maximum of 90 days per calendar year. 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 ,20 Mayor ATTEST: APPROVED AS TO FORM: 7b P- Ci y Clerk F- City Attorney REV IE APPROVED: INITIAT AND PROVED: C' mistrator irec or of Planning 07-1163.001/40151 4 19-4 ORDINANCE NO._ 3873 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 244 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TITLED DESIGN REVIEW The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 244.02 Applicabili y of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 244.02 Applicability Design review is required for all Subdivision Ordinance and f projects pursuant to any other provision of this Zoning and. or all projects located within redevelop areas,specific plans as applicable,areas designated by the City Council,City facilities or projects abutting or adjoining City facilities,projects in or abutting or adjoining OS-PR and OS-S districts,and General Plan -primary and secondary entry nodes. SECTION 2- Section 244.04 Duties of the Design Review Board of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 244.04 Duties of the Designs 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 interviewed by Council liaisons and approved by the City Council. 1. No person is eligible for membership on the Board unless that person is a resident of the City at the time of appointment to the Board- If during a term of office,a member moves his or her place of residence outside of the City limits,his office shall immediately become vacant. 2. One(1)current Planning Commissioner chosen by the Planning Commission. An alternate Commissioner may be designated by the Planning Commission. �- At least four of the five members shall have training, education or work experience in design-related fields including, but not limited to,architecture, landscaping,art, urban/environmental design and aesthetics. 07-1163.001140161 Poo IPi a too 20-1 Ordinance No. 3873 4_ One(1)current member of the Historic Resources Board chosen by the.Historic Resources Board. An alternate may be designated by the Historic Resources Board. 5_ The City Council may designate alternate members as it deems necessary so long as the alternate members meet all membership requirements. B. Terms of Office_ 1_ At large Members. The term of office for At-large members shall be four(4) years from the date of appointment by City Council. No At-large member shall serve more than two(2)consecutive terms. At-large members serve until their respective successors are 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. 3. Historic Resources Board Member. The term of the Historic Resources Board member shall expire when such member ceases to be a member of the Historic Resources Board_ A Historic Resources Board member may be removed prior to the expiration of his/her term by a motion adopted by the Historic Resources Board. 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 chatter 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. SECTION 3. Section 244.06 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 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; 07-1163.001/40161 2 20-2 Ordinance No. 3873 3. The compatibility in scale and aesthetic treatment of proposed structures with.public district areas; 4. - The adequacy of proposed landscaping; 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, 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. SECTION 4. Section 244.09 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 244.09 Time Limit; Transferability,Discontinuance. A Design Review Board recommendation shall become null 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. SECTION 5. 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 ,20 Mayor ATTEST: APPROVED AS TO FORM: *REVIED City ttorney PROVED: 71 , My D: g 07-1161001/40161 3 20-3 �u cgs Abeg4nil j - / - o 0 Council/Agency Meeting Held: /6 Deferred/Continued to: /20/b aA prov d ❑ Condit! nall Ap roved _C,7_ enied 4Cityeis rfj Council Meeting Date: 2/1/2010 Department ID Number: PL10-03 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COU IL MEMBERS SUBMITTED BY: FRED A. WILSON, CITY ADMINISTR PREPARED BY: SCOTT HESS, AICP, DIRECTOR OF A NING AND BUILDI SUBJECT: APPROVE ZONING TEXT AMENDMENT NO. 07-001 (AMENDING DESIGN REVIEW BOARD) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) 11 Statement of Issue: Transmitted for your consideration is Zoning Text Amendment 07-001 to amend the Huntington Beach Zoning and Subdivision Ordinance Chapter 244 Design Review and associated chapters. This includes changing the composition and scope of the Design Review Board to include three At-large members, one Planning Commissioner, and one Historic Resources Board member. The Planning Commission recommends approval of Zoning Text Amendment No. 07-001 (Recommendation-A) but without the Historic Resources Board Member member. Staff recommends approval of Zoning Text Amendment No. 07-001 (Recommendation-B) as originally recommended by the ' Intergovernmental Relations Committee which is to include a member from the Historic Resources Board. The ZTA also includes minor language amendments to various chapters of the Zoning and Subdivision Ordinance related to Design Review. Funding Source: Not applicable. Recommended Action: A. PLANNING COMMISSION RECOMMENDATION: Motion to: "Approve Zoning Text Amendment No. 07-001 for four At-Large members and one Planning Commission member with findings for approval (ATTACHMENT NO. 1) and adopt: ® Ordinance No. 3866 , an Ordinance of the City of Huntington Beach amending Chapter 244 Design Review of the Huntington Beach Zoning and Subdivision Ordinance Relating to Design Review (ATTACHMENT NO. 2)" REQUEST FOR ACTION MEETING DATE: 2/1/2010 DEPARTMENT ID NUMBER:PL10-03 o Ordinance No. 3867 , an Ordinance of the City of Huntington Beach amending Chapter 210 of the. Huntington Beach Zoning and Subdivision Ordinance Titled Residential Districts (ATTATCHMENT NO. 7)." Ordinance No. 3868 , an Ordinance of the City of Huntington Beach amending Chapter 211 of the Huntington Beach Zoning and Subdivision Ordinance titled Commercial Districts (ATTACHMENT NO. 8)." o Ordinance No. 3869 an Ordinance of the City of Huntington Beach amending Chapter 212 of the Huntington Beach Zoning and Subdivision Ordinance Titled Industrial Districts (ATTACHMENT NO. 9)." o Ordinance No. 3870 , an Ordinance of the City of Huntington Beach amending Chapter 213 of the Huntington Beach Zoning and Subdivision Ordinance Titled Open Space District (ATTACHMENT NO. 10)." o Ordinance No. 3871 , an Ordinance of the City of Huntington Beach amending Chapter 214 of the Huntington Beach Zoning and Subdivision Ordinance Titled PS Public- Semi Public District (ATTACHMENT NO. 11) o Ordinance No. 3872 , an Ordinance of the City of Huntington Beach amending Chapter 233 of the Huntington Beach Zoning and Subdivision Ordinance Titled Signs (ATTACHMENT NO. 12) Planninq Commission Action on November 24 2009 THE MOTION MADE BY SCANDURA, SECONDED BY SPEAKER TO APPROVE ZONING TEXT AMENDMENT NO. 07-001 WITH FINDINGS FOR APPROVAL (ATTACHMENT NO. 1) AND FORWARD THE DRAFT ORDINANCES TO CITY COUNCIL FOR ADOPTION BY THE FOLLOWING VOTE: AYES: SPEAKER, SHIER-BURNETT, SCANDURA, DELGLEIZE, MANTINI NOES: FARLEY, LIVENGOOD ABSENT: NONE ABSTAIN: NONE MOTION PASSED GARCAs\2010\PL10-03 (DRB ZTA No. 07-001).doc -2- 1/25/2010 1:40 PM REQUEST FOR ACTION MEETING DATE: 2/1/2010 DEPARTMENT ID NUMBER:PL10-03 B. STAFF RECOMMENDATION: Motion to: "Approve Zoning Text Amendment No. 07-001 for three At-Large members, one Planning Commission member, and .one Historic Resources Board member with findings for approval (ATTACHMENT NO. 1) and adopt: o Ordinance No. 3873 , an Ordinance of the City of Huntington Beach amending Chapter 244 of the Huntington Beach Zoning and Subdivision Ordinance Titled Design Review (ATTACHMENT NO. 5)" o Ordinance No. 3867 , an Ordinance of the City of Huntington Beach amending Chapter 210 of the Huntington Beach Zoning and Subdivision Ordinance Titled Residential Districts (ATTATCHMENT NO. 7)." e Ordinance No. 3868 an Ordinance of the City of Huntington Beach amending Chapter 211 of the Huntington Beach Zoning and Subdivision Ordinance Titled Commercial Districts (ATTACHMENT NO. 8)." o Ordinance No. 3869 , an Ordinance of the City of Huntington Beach amending Chapter 212 of the Huntington Beach Zoning and Subdivision Ordinance Titled Industrial Districts (ATTACHMENT NO. 9)." o Ordinance No. 3870 , an Ordinance of the City of Huntington Beach amending Chapter 213 of the Huntington Beach Zoning and Subdivision Ordinance Titled Open Space District (ATTACHMENT NO. 10)." e Ordinance No. 3871 , an Ordinance of the City of Huntington Beach amending Chapter 214 of the Huntington Beach Zoning and Subdivision Ordinance Titled PS Public- Semi Public District (ATTACHMENT NO. 11) o Ordinance No. 3872 , an Ordinance of the City of Huntington Beach amending Chapter 233 of the Huntington Beach Zoning and Subdivision Ordinance Titled Signs (ATTACHMENT NO. 12) Alternative Action(s): The City Council may make the following alternative motion(s): 1. "Deny Zoning Text Amendment No. 07-001 with Findings for Denial." 2. "Continue Zoning Text Amendment No. 07-001 and direct staff accordingly." G:\RCAs\2010\PL10-03 (DRB ZTA No. 07-001).doc -3. 1/25/2010 1:40 PM REQUEST FOR ACTION MEETING DATE: 2/1/2010 DEPARTMENT ID NUMBER:PL10-03 Analysis: A. PROJECT PROPOSAL: Applicant: City of Huntington Beach Location: Citywide Zoning Text Amendment No. 07-001 represents a request to amend Chapter 244 Design Review of the Huntington Beach Zoning and Subdivision Ordinance pursuant to Section ' 247.02 of the HBZSO. Zoning Text Amendment No. 07-001 would implement changes to amend Chapter 244 altering the composition and scope of the Design Review Board and provide minor clean-up to certain sections of Chapter 244. The request also includes minor language amendment to Chapters 210 Residential Districts, 211 Commercial Districts, 212 Industrial Districts, 213 Open Space, and 214 Public-Semi Public amending "Review of Plans" section to refer the reader to Chapter 244 Design Review. Chapter 233 would be amended to no longer require DRB review for signs in redevelopment project areas. The legislative drafts are attached (Attachment Nos. 6, 13-18). B. BACKGROUND The City is initiating this request as a result of the report from the City's organizational consultant who suggested that the composition of the Design Review Board be altered in order to improve the Design Review process. The report was submitted to the City in February 2007. The report addressed the entitlement and development processing activities of the City, including the importance of the City's Design Review. Subsequently, staff also received input from the DRB, City Council and the Economic Development Department. In addition, on February, 2009, the Mayor asked the Intergovernmental Relations Committee (IRC) to review citizen and City Council advisory bodies. This effort was to identify ways in which to streamline the system used to monitor and regulate the City's advisory bodies. On May 18, 2009, the IRC recommended that the City prepare an ordinance to change the membership of the DRB to eliminate the staff members and add a member from the Historic Resources Board, as well as suggested that the City change the staff liaison role for the HRB to the Planning Department. C. PLANNING COMMISSION MEETING AND RECOMMENDATION: The Planning Commission public hearing was held on November 24, 2009. There were no public comments. Upon discussion of the staff report and recommendations (Attachment No. 4), the Planning Commission recommended that there not be a requirement to have a Historic Resources Board member on DRB. GARCAs\2010\PL10-03 (DRB ZTA No. 07-001).doc -4. 1/25/2010 1:40 PM REQUEST FOR ACTION MEETING DATE: 2/1/2010 DEPARTMENT ID NUMBER:PL10-03 This action was based on the relevancy of a Historic Resources Board member's expertise being limited to historic structures and that there are very few historical structures reviewed by the DRB. D. STAFF ANALYSIS AND RECOMMENDATION: The primary focus of the proposed zoning text amendment is to change the composition of the DRB. However, it also makes modifications to the DRB's scope of review and to which projects are subject to DRB. Below is an analysis of the proposed amendments. Design Review Applicability Section 244.02 would be changed to add the requirement for review of projects at or near City facilities (eg., parks) and projects in or abutting Open Space designated areas. At the same time, the reference to PS districts would be deleted. Staff believes that these changes would ensure that public spaces or areas near them are subject to DRB. While some public areas (city facilities) are designated PS, this zoning category is not all encompassing and also includes uses such as religious assembly. The ZTA would also require DRB for projects located in the General Plan primary and secondary entry nodes pursuant to a requirement of the General Plan to ensure an enhanced image at the City entry points. Finally, the change to Chapter 233 would eliminate the need for signs in redevelopment areas to be reviewed by DRB because the majority of redevelopment areas are located within specific plan areas and have already adopted planned sign programs. Each time a zoning text amendment is proposed, staff takes the opportunity to review the existing ordinance and make further modifications or clean-up language of the Huntington Beach Zoning and Subdivision Ordinance. Therefore, in addition to the amendments in Chapter 244 Design Review, various sections of the code are proposed to be amended so that each section under "Review of Plans" references Chapter 244 (Design Review) consistently. They include the following: - Chapter 210 Residential Districts, Section 210.04 - Chapter 211 Commercial Districts, Section 211.08 - Chapter 212 Industrial Districts, Section 212.08 - Chapter 213 Open Space District, Section 213 - Chapter 214 PS Public-Semipublic, Section 214 DRB Composition Presently, the Design Review Board is comprised of five members, which includes a total of two staff members, one from the Planning Department and one from the Department of Public Works. The Design Review Board is also assigned a staff liaison who acts in the capacity of the Design Review Board Secretary. G:\RCAs\2010\PL10-03 (DRB ZTA No. 07-001).doc -5- 1/2512010 1:40 PM REQUEST FOR ACTION MEETING DATE: 2/1/2010 DEPARTMENT ID NUMBER:PL10-03 Based on input from the City Council, the City's organizational consultant and the Intergovernmental Resources Committee the membership is proposed to be changed. The consultant recommended that the DRB be comprised entirely of citizens, with relevant DRB backgrounds. To improve efficiency and ensure that historic preservation is considered during the design review process, IRC recommended the membership of the DRB include one member from the Historic Resources Board. The composition of the Design Review Board is proposed to be amended as follows: - One Planning Commissioner - Four Members will be At Large citizens appointed by City Council who have training, education or work experience in design-related fields. - One of the four members shall be from the Historic Resources Board Scope of Review Section 244.06, item 4, currently requires the DRB to consider off-site parking and traffic impacts, other potential impacts upon the environment, parking and driveways as well as landscaping. This is proposed to be changed to only require review of landscaping. The DRB members are not required nor expected to have expertise in traffic circulation or environmental analysis but rather to focus on aesthetics. Staff and the Zoning Administrator, Planning Commission or City Council are tasked with analyzing if any component of a project may affect circulation or have potential environmental impacts. In addition, minor cleanup of Section 244.09 will delete unnecessary language for clarity. Planning Commission Recommended Changes The Planning Commission expressed concern regarding the proposed amendment to Chapter 244 to require a Historic Resources Board member as part of the DRB membership. In the opinion of the Planning Commission, the primary focus of the Historic Resources Board is very narrow and therefore they may not be qualified to serve on DRB. Planning Commission indicated that the expertise and experience of Historic Resources Board members is limited to the review of historic structures only and, as such, they would not have the level of design related experience required to serve on DRB. Finally, because the City of Huntington Beach has so few historic structures, the Planning Commission did not see the relevancy of their participation in the review of citywide design. The suggestion to have a Historic Resources Board (HRB) member on the DRB came initially from the Intergovernmental Relations Committee seeking to improve the efficiency of the boards and because the HRB liaison responsibilities would be transferred to the Planning Department. However, based on the Planning Commission's concerns staff reviewed available HRB applications with the specific purpose of reviewing the level of design-related education and relevant work experience of potential HRB members. Of the 10 applications on file, four applicants had degrees and experience in design and landscaping related fields including LEED certification. Five applicants had Historic Society experience, education and membership, and the final applicant had unrelated educational background or experience. GARCAs120101PL10-03 (DRB ZTA No. 07-001).doc -6- 1/25/2010 1:40 PM REQUEST FOR ACTION MEETING DATE: 2/1/2010 DEPARTMENT ID NUMBER:PL10-03 Over the past few years, every effort has been made to seek out applicants for the Design Review Board with more design education or experience. Staff believes that the inclusion of a Historic Board Member to the DRB can be beneficial if the selected member has the preferred design related background. Therefore, staff does not support this aspect of the Planning Commission's recommendation. E. SUMMARY Zoning Text Amendment No. 07-001 amends Chapter 244 Design Review for the purpose of changing the composition and scope of the Design Review Board consistent with City Council direction. The ZTA also amendments various chapters of the ZSO to ensure that the appropriate review process is clear in the Huntington Beach Zoning and Subdivision Ordinance. Staff recommends that the City Council approve Zoning Text Amendment No. 07-001 with findings for approval. The proposed ZTA amendments ensure that the appropriate review process is clear in the Huntington Beach Zoning and Subdivision Ordinance, focuses the DRB's action to matters related to design and aesthetics and changes the composition and scope of the DRB consistent with City Council direction. Strategic Plan Goal: The Design Review Board appointment is consistent with the Strategic Plan Goal to "enhance economic development". The Design Review Board continues to provide opportunities for citizens to become involved in local government regarding various design related matters. Environmental Status: The proposed project is categorically exempt pursuant to the City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act. GARCAs\2010\PL10-03(DRB ZTA No. 07-001).doc -7- 1/25/2010 3:30 PM REQUEST FOR ACTION MEETING DATE: 2/1/2010 DEPARTMENT ID NUMBER:PL10-03 Attachments � . . r No. Description - 1. Suggested Findings for Approval 2. Ordinance No. 3866 (Planning Commission Recommendation) An Ordinance of the City of.Huntington Beach Amending Chapter 244 of the Huntington Beach Zoning and Subdivision Ordinance Relating to Design Review. 3. Legislative Draft—Chapter 244 Design Review (PC Recommendation) 4. Planning Commission Staff Report dated November 24, 2009 5. Ordinance No. 3873 (Staff Recommendation) An Ordinance of the City of Huntington Beach Amending Chapter 244 of the Huntington Beach Zoning and Subdivision Ordinance Relating to Design Review . 6. Legislative Draft—Chapter 244 Design Review(Staff Recommendation) 7. Ordinance No. 3867 , an Ordinance of the City of Huntington Beach amending Chapter 210 Residential Districts of the Huntington Beach Zoning and Subdivision Ordinance titled Residential Districts 8. Ordinance No. 3868 an Ordinance of the City of Huntington Beach amending Chapter 211 Commercial Districts of the Huntington Beach Zoning and Subdivision Ordinance titled Commercial Districts 9. Ordinance No. 3869 an Ordinance of the City of Huntington Beach, amending Chapter 212 Industrial Districts of the Huntington Beach Zoning and Subdivision Ordinance titled Industrial Districts 10. Ordinance No. 3870 , an Ordinance of the City of Huntington Beach, amending Chapter 213 Open Space of the Huntington Beach Zoning and Subdivision Ordinance titled Open Space District 11. Ordinance No. 3871 , an Ordinance of the City of Huntington Beach, amending Chapter 214 PS Public Semi-Public of the Huntington Beach Zoning and Subdivision Ordinance titled Public- Semipublic District 12. Ordinance No. 3872 , an Ordinance of the City of Huntington Beach, amending Chapter 233 Signs of the Huntington Beach Zoning and Subdivision Ordinance titled Signs 13. Legislative Draft—Chapter 210 Residential Districts 14. Legislative Draft—Chapter 211 Commercial Districts 15. Legislative Draft—Chapter 212 Industrial Districts 16. Legislative Draft—Chapter 213 Open Space G:\RCAs\2010\PL10-03 (DRB ZTA No. 07-001).doc -8- 1/25/2010 1:40 PM REQUEST FOR ACTION MEETING DATE: 2/1/2010 DEPARTMENT ID NUMBER:PL10-03 17. Legislative Draft—Chapter 214 PS Public Semi-Public 18. Legislative Draft-Chapter 233 Signs 19. Power Point Presentation G:\RCAs\2010\PL10-03 (DRB ZTA No. 07-001).doc -9. 1/25/2010 1:40 PM ATTACHMENT # 1Ll ATTACHMENT NO. I SUGGESTED FINDINGS OF APPROVAL ZONING'TEXT AMENDMENT NO. 07-001 SUGGESTED FINDINGS FOR APPROVAL - ZONING TEXT AMENDMENT NO. 07-001 1. Zoning Text Amendment No. 07-001 amending Chapter 244 Design Review of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to change the composition and scope of the Design Review Board; clean-up Chapters 210 Residential Districts, 211 Commercial Districts, 212 Industrial Districts, 213 Open Space District, and 214 Public Semi-Public; and amend Chapter 233 Signs is consistent with the goals, objectives, policies, general land uses and programs specified in the General Plan that speak to the composition of the Design Review Board, scope of the authority of the Design Review Board and the Review of Plans in the ZSO of the City of Huntington Beach. 2. In the case of a general land use provision,the zoning text amendment is compatible with the uses authorized in, and the standards prescribed for, the various zoning districts for which it is proposed because the duties of the Design Review Board remain fundamentally the same and the Board will continue to review projects in areas designated by the City Council. 3. A community need is demonstrated for the proposed amendments because a minimum of four members will have had training, education or expertise in a design related field, which will strengthen and facilitate Design Review Board decisions. The DRB will continue to have a staff liaison to provide clarification of applicable development standards and City policy. 4. The adoption of this ordinance will be in conformity with public convenience, general welfare and good zoning practice. The zoning text amendment eliminates the need for review of signs in redevelopment project areas but now requires the review of City Facilities, projects abutting or adjoining City Facilities and projects abutting or adjoining OS-PR and OS-S districts. Pursuant to the Scope of Review,the Design Review Board will make its determination based on the relationship of other developments to proposed projects, architectural design, aesthetic compatibility and adequacy of landscaping. The changes focus the Design Review Board's action to matters related to design and aesthetics that are the purview of their expertise and target those areas of the City that warrant special design consideration. ATTACHMENT #2 ORDINANCE NO. 3866 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 244 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION RELATING TO THE DESIGN REVIEW BOARD The City Council of the City of Huntington Beach does hereby ordain as follow SECTION 1. Section 244.02 of the Huntington Beach Zoning and Subdiv' ion Ordinance is hereby amended to read as follows: 244.02 Applicability Design review is required for projects pursuant to all provisions of t is Zoning and Subdivision Ordinance and for projects located within redevelopm t areas, specific plans as applicable, areas designated by the City Council, City facilities, projects abutting or adjoining City facilities, projects in or abutting or adjoining O 1 R and OS-S districts, and General Plan primary and secondary entry nodes. (3529-2102,361 12104) SECTION 2. Section 244.04 of the Huntington Bead'Zoning and Subdivision Ordinance is hereby amended to read as follows: .' 244.04 Duties of the Design review Board/ The Design Review Board shall assist the DirecInd , Planning Commission and Zoning Administrator in reviewing development plans architectural drawings within designated geographic areas of the City and to undertake uch other review and approval as provided by this code. A Organization. The following c rteria will be used in choosing Board members: 1. The Board will consis of five members. One of the five members will be selected by the PI g Commission subject to appointment by the City Council. The Planning Commission may designate an alternative member. The remaining in bers will be selected by the City Council. 2. No person is e Bible for membership on the Board unless that person is a resident of th 'City at the time of appointment to the Board. If during a term of office, a ember moves his or her place of residence outside of the City limits,his her office shall immediately become vacant. 3. At leasthour of the five members shall have training, education or work exper' nce in design-related fields including, but not limited to, architecture, land aping, art, urban/environmental design and aesthetics. 4. T/ie City Council may designate alternate members as it deems necessary so ✓ong as the alternate members meet all membership requirements. 07-1163.002/42122 s, Ordinance No.3866 B. Terms of Office. 1. At-large Members. The term of office for At-large members shall be four(4) ,= years from the date of appointment by City Council. No At-large member / shall serve more than two (2)consecutive terms. At-large members sere until their respective successors are appointed and qualified. An At-la#e member may be removed prior to the expiration of his/her term by a�rnotion adopted by the City Council. 2. Planning Commission Member. The term of the Planning Co mission member shall expire when such member ceases to be a me er of the Planning Commission. A Planning Commission member ay be removed prior to the expiration of his/her term by a motion adoped by the Planning Commission. Members may serve until their respect* e successors are appointed and qualified. C. Powers and Duties. It shall be the duty of the Board to revl�w sketches, layouts, site plans, structural plans, signs, and architectural drawings connection with any matter before the Board. The Board shall have authority to co er with the applicant or property owner concerning modifications of the proposal, or c ditions necessary to approval, and may approve, disapprove, or conditionally approve e proposal. The Board may recommend any matter before them to the discretnary body for consideration of the project. SECTION 3. Section 244.06 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 1 244.06 Scope of Review , A. In making its determination, the,Board shall review and consider I. The arrangement and elationship 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; r i 3. The compatijility in scale and aesthetic treatment of proposed structures with public dist�ct areas; t 4. The ade4uacy of proposed landscaping; 5. Elements of design affecting the performance characteristics of the proposed devefopment; and 6. V�hether 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. Th oard may impose and/or recommend any conditions deemed reasonable and ne essary to the approval of the proposed development plan. 07-1163.002/42122 2 Ordinance No.3866 SECTION 4. Section 244.09 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: j 244.09 Time Limit; 'Transferability,Discontinuance. A Design Review Board recommendation shall become null and void one year after its date of Director approval. If the initial application is in association with ther discretionary permit said permit shall become null and void one year aft r the final action of the hearing body. (3680-12/04) SECTION 5. All other provisions of Chapter 244 not modified herein shall remain in full force and effect. SECTION 6. This ordinance shall become effective 30 da after its adoption. PASSED AND ADOPTED by the City Council of the of Huntington Beach at a regular meeting thereof held on the day of , 200 { Mayor ATTEST: INITIAT D AND APPROVED: City Clerk Director o Planning REVIE D APPROVED: t� APPROVED AS TO FORM: i A ministrator CO Attorney #3, a •11n-� f�F u of 07-1163.002/42122 3 ATTACHMENT #3 ORDINANCE NO. 3866 LEGISLATIVE DRAFT (PLANNING COMMISSION RECOMMENDATION)* November 2009 Chapter 244 eign T��eIew (3529-2/02,3680-12/04) Sections: 244.02 Applicability 244.04 Duties of the Design Review Board 244.06 Scope of Review ... 244.08 Required Plans and Materials r j 244.09 Time Limit; Transferability, Discontinuance Ei '`� �� '_w 244.02 Applicability Design review is regqwired for projects fin pursuant to all/ rovisions of this Zoning and Subdivision Ordinance and for projects locate within redevelopment areas,and aeee specific plans as applicabe, areas designated by the City Council, €er City facfllatfles, or projects abutting or adjoining City fac�iflfltfles, projects in or abutting or adjoining OS-PIS and OS-S districts, and General Plan primary and secondary entry nodes. per S distfie s.. (3529-2/02,3680-12/04) 244.04 Duties of the Design Review Board The Design Review Board shall assist the Diry/cttor, 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 n approval as provided by this code. 244.04 Duties of the Design Review Board TheDesign Review Board shall assist/the Director Planning Commission and Zoning Administrator g � g g in reviewing development plans andfarchitectural drawings within designated geographic areas of the City and to undertake such other r�view and approval as provided by this code. A. Organization. The Be f eC e 1. T>10 1>,0,�hin ;hAll RAIL ;S+ ftbP f 1, following criteria will be used in cho sing Board members: nEi1 n t+o,., +o r;+<,,vs:aon+s m be designated by the r;+<, r ,,,, ;1 2. On � vt ,,ning G .f,nissi ne f e se by the Planning Commission. An .,l+o,., r.,,,..,;ss; ,,,v, may be designated by the Planning Commission, , Dir-eeter-of hisAier-designee-. 1. 'The Board will consist of five members. One of the five members will be selected by the Planning Commission subject to appointment by the City Council. The Planning Commission may designate an alternative member.. The remaining members will be selected by the City Council. Huntington Beach Zoning and Subdivision Ordinance Chapter 244 Page 1 of 3 07-1163.002/41756 LEGISLATIVE DRAFT (PLANNING COMMISSION RECOMMENDATION)* November 2009 2. No person is eligible for membership on the Board unless that person is a resident of the City at the time of appointdent to the Board. If during a term of office, a member moves his or her lace of residence outside of the City limits, his// her office shahimmediately become vacant. � 3. At least four of the five members shall have training, education or work experience in design-related fields inctanding, but not limited to, architecture, landscaping, art, urban/environmental design and aesthetics. j f 4. The City Council may designate alternate/members as it deems necessary so long as the alternate members meet all membership requirements. B. Terms of Office. 1. At-large Members. The term of office for At-lar e members shall be four(4)years from the date of appointment by City dlouncil,exeept as hefeinafte �d One At large ,...beff .,h.,ii be r+vd ;,, 1994, and eaeh fetifthurn.,,. +tio..o.moo.. One At t.fge ri e ffi e f st, tt >,! , „+ed in 1994 f a tw +o,.,,, d ono year- ������, �� _Ze -L---ti yeaf thee-eaf No At-large"member shall serve more than two (2) consecutive terms, ov^ept that the , '^ + n+ I .�, „-. ,e be f„. .,y be „+ed f r the two year-tefm meftfiened . At-large members ffray serve until their respective successors are appointed and qualifi/ed. An At-large member may be removed prior to the expiration of his/her term by as motion adopted by the City Council. 2. PlanningCommission Member The term of the Planning Commission member shall g 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 hat relationship is harmonious and based on good standards of architectural design; 3. The compatibility in scale and aesthetic treatment of proposed structures with public districtI'areas; II Huntington Beach Zoning and Subdivision Ordinance Chapter 244 Page 2 of 3 G 07-11 63.002/41756 S 7 LEGISLATIVE DRAFT (PLANNING COMMISSION RECOMMENDATION)* November 2009 4. The adequacy of proposed landscaping, p tential en site , envif t; 5. Elements of design affecting the performance characteristics of/theproposed 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. 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 null and void one year after its date of Director approval. If the initial application is in association with another discretionary pemit permit said permit shall become null and void one year after the final action of the hearing body. (3680-12/04) n 9�Y IDS'.\ 4 1 Huntington Beach Zoning and Subdivision Ordinance Chapter 244 Page 3 of 3 07-1163.002/41756 ATTACHMENT #4 F HUNTINGTON BEACH " TO: Planning Commission FROM: Scott Hess, AICP Director of Planning BY: Rosemary Medel, Associate Planner ok DATE: November 24, 2009 SUBJECT: ZONING TEXT AMENDMENT NO. 07-001 (AMENDING DESIGN REVIEW BOARD COMPOSITION AND SCOPE) LOCATION: Citywide STATEMENT OF ISSUE: Zoning Text Amendment No. 07-001 represents a request to amend the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to change the composition and scope of the Design Review Board (DRB) pursuant to input from the Design Review Board, Planning Commission, staff, and City Council direction. Specifically, the Zoning Text Amendment would amend: o Chapter 244 Design Review - Change applicability as to which projects are reviewed by DRB - Change composition of DRB to eliminate staff members and add a Historic Resources Board member o Chapters 210 Residential Districts, 211 Commercial Districts, 212 Industrial Districts, 213 Open- Space District, and Chapter 214 PS Public-Semipublic District - Change Review of Plans Section to refer reader to Chapter 244 Design Review. o Chapter 233 Signs - Eliminate need for signs in redevelopment project areas to go through DRB. o Staff s Recommendation: Approve Zoning Text Amendment No. 07-001 based upon the following: - Focuses the Design Review Board's action to matters related to design and aesthetics. - Ensures that the duties of the Design Review Board will remain fundamentally the same. - Strengthens and facilitates Design Review Board decisions. RECOMMENDATION: Motion to: "Approve Zoning Text Amendment No. 07-001 with findings for approval (Attachment No. 1) and forward Draft Ordinances (Attachment No. 2)to the City Council for adoption." ALTERNATIVE AC'ITIONN: The Planning Commission may take alternative actions such as: A. "Continue Zoning Text Amendment No. 07-001 and direct staff accordingly." B. "Deny Zoning Text Amendment No. 07-001 with findings for denial." PROTECT PROPOSAL: Zoning Text Amendment No. 07-001 represents a request to amend Chapter 244 Design Review of the Huntington Beach Zoning and Subdivision Ordinance pursuant to Section 247.02 of the HBZSO. Zoning Text Amendment No. 07-001 would implement changes to amend Chapter 244 altering the composition and scope of the Design Review Board and provide minor clean-up to certain sections of Chapter 244. The application also includes minor language amendment to Chapters 210 Residential Districts, 211 Commercial Districts, 212 Industrial Districts, 213 Open Space, and 214 Public Semi Public amending "Review of Plans" section to refer the reader to 244 Design Review. Finally, Chapter 233 would be amended to no longer require DRB review for signs in redevelopment project areas. The legislative drafts are attached(Attachment No. 3). The City is initiating this request as a result of the report from the City's organizational consultant who suggested that the composition of the Design Review Board be altered in order to improve the Design Review process. The report was submitted to the City in February 2007. The report addressed the entitlement and development processing activities of the City, including the importance of the City's Design Review. Subsequently, staff also received input from the DRB, City Council and the Economic Development Department. ISSUES: Subiect Property And Surrounding Land Use,Zoning And General Plan Designations: Zoning Text Amendment(ZTA)No. 07-001 is applicable citywide. General Plan Conformance: The proposed Zoning Text Amendment No. 07-001 is consistent with the goals, policies, and objectives of the City's General Plan as follows: Urban Design Element Goal UD 1: Enhance the visual image of the City of Huntington Beach. Objective 11: Identify and reinforce a distinctive architectural and environmental image for each district in Huntington Beach. Policy UD 1.3: Strengthen the visual character of the City's street hierarchy(i.e., major, primary, etc.) in order to clarify the City's structure and to improve Citywide identity. PC Report-2009 2 (09sr82 ZTA 07-001) I-UD 6: Review all projects for potential visual impacts to surrounding areas; require Design Review of all projects within areas designated by the City Council including primary and secondary entry nodes. The ordinance amendment changes the composition of the Design Review Board but does not change the intent of the design review process, which is to enhance development in a coordinated manner where applicable citywide. The Design Review process will continue to be the implementation program process for review of new development within areas designated by the City Council or those areas deserving of special consideration. Urban Design Guidelines Conformance: Not applicable. Environmental Status: The proposed ZTA No. 07-001 is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act. Coastal Status: Not applicable. Redevelopment Status: Not applicable. Design Review Board: Not applicable. Subdivision Committee: Not applicable. Other Departments Concerns and Requirements: This amendment is a result of a study conducted by the City's organizational consultant, which suggested that the composition of the Design Review Board be altered in order to improve the Design Review process. The report addressed the importance of the City's Design Review. Subsequently, staff also received input from the DRB, City Council and the Economic Development Department. Public Notification: A 1/8 page legal notice was published in the Huntington Beach/Fountain Valley Independent on November 12, 2009, and notices were sent to individuals/organizations requesting notification (Planning Department's Notification Matrix), as well as other interested parties. As of November 16, 2009 no communication supporting or opposing the request has been received. Application Processing Dates: DATE OF COMPLETE APPLICATION: MANDATORY PROCESSING DATE(S): October 13, 2009 Legislative Action—Not Applicable PC Report-2009 3 (09sr82 ZTA 07-001) ANALYSIS: The primary focus of the proposed zoning text amendment is to change the composition of the DRB. However, it also makes modifications to which projects are subject to DRB and to the DRB's scope of review. Below is an analysis of the proposed amendments. Applicability Section 244.02 would be changed to add the requirement for review of projects at or near City facilities (eg., parks) and projects in or abutting Open Space designated areas. At the same time, the reference to PS districts would be deleted. Staff believes that these changes would ensure that public spaces or areas near them are subject to DRB. While some public areas (city facilities) are designated PS, this zoning category is not all encompassing and also includes uses such as religious assembly. The ZTA would also require DRB for projects located in the General Plan primary and secondary entry nodes (Attachment No. 4), pursuant to a requirement of the General Plan to ensure an enhanced image at the City entry points. Finally, the change to Chapter 233 would eliminate the need for signs in redevelopment areas to be reviewed by DRB because the majority of redevelopment areas are located within specific plan areas and have already adopted planned sign programs. Each time a zoning text amendment is proposed, staff takes the opportunity to review the existing ordinance and make further modifications or clean-up language of the Huntington Beach Zoning and Subdivision Ordinance. Therefore, in addition to the amendments in Chapter 244 Design Review, various sections of the code are proposed to be amended so that each section under "Review of Plans" references Chapter 244 (Design Review) consistently. They include the following: - Chapter 210 Residential Districts, Section 210.04 - Chapter 211 Commercial Districts, Section 211.08 - Chapter 212 Industrial Districts, Section 212.08 - Chapter 213 Open Space District, Section 213 - Chapter 214 PS Public-Semipublic, Section 214 DRB Composition Presently, the Design Review Board is comprised of five members, which includes a total of two staff members, one from the Planning Department and one from the Department of Public Works. The Design Review Board is also assigned a staff liaison who acts in the capacity of the Design Review Board Secretary. Based on input from the City Council and the City's organizational consultant the membership is proposed to be changed. The consultant's report emphasized that DRB membership is typically comprised of citizens from the design profession who are appointed by City Council and do not include city staff. City Council also directed staff to stipulate in Chapter 244 that the Board include one current member from the Historic Resources Board. Therefore, the proposed composition of the Design Review Board is proposed to be amended as follows: PC Report-2009 4 (09sr82 ZTA 07-001) - One Planning Commissioner - Four Members will be At Large citizens appointed by City Council who have training, education or work experience in design-related fields. - One of the four members shall be from the Historic Resources Board Scope of Review Section 244.06, item 4, currently requires the DRB to consider off-site parking and traffic impacts, other potential impacts upon the environment, parking and driveways as well as landscaping. This is proposed to be changed to only require review of landscaping. The DRB members are not required nor expected to have expertise in traffic circulation or environmental analysis but rather to focus on aesthetics. Staff and the Zoning Administrator, Planning Commission or City Council are tasked with analyzing if any component of a project may affect circulation or have potential environmental impacts. In addition, minor cleanup of Section 244.09 will delete unnecessary language for clarity. October 27, 2009 Study Session At the October 27, 2009, Planning Commission study session, one of the Planning Commission members expressed concern with the change in the DRB composition stating that it may be difficult to find four citizens that could meet the criteria in order to be eligible for consideration to the Design Review Board. The Planning Commissioner further stated that perhaps the number of members with the required design background should be reduced from four members to three members. Over the past several years, when the City has recruited for a vacancy on the DRB, the majority of the applicants have had design related experience, training and/or education. Therefore, staff believes filling three positions on the DRB will not be difficult. Additionally, staff believes that Historic Resources Board members are qualified to join the Design Review Board because they typically have design training, education and/or experience. The Planning Commission also expressed concern that a staff member with Landscape expertise would no longer be on the Design Review Board. In response, the majority of projects that are reviewed by the Design Review Board are first routed to the City's Landscape Architect for review and comment. If a project warrants the attendance of the City's Landscape Architect, he will be asked to the DRB meeting to respond to the DRB inquiries. For the first few meetings after the membership transition, staff will request that the City's Landscape Architect be in attendance automatically to provide any needed assistance and guidance. Additionally, the DRB is assigned a staff liaison to act in the capacity of the DRB Secretary. This professional planner provides procedural guidance and expertise regarding the City's Zoning and Subdivision Ordinance compliance. Each project is also assigned a project planner and they are prepared to answer the DRB's inquiries regarding their project at each meeting. Finally, staff suggests that an annual workshop be provided for the DRB similar to that conducted with the Planning Commission providing training, focus and intent of the DRB process in response to City Council direction. Staff recommends that the Planning Commission approve Zoning Text Amendment No. 07-001 with findings for approval and forward the item to City Council for adoption. The proposed ZTA amendments of the various chapters of the ZSO ensure that the appropriate review process is clear in the Huntington Beach Zoning and Subdivision Ordinance, while changing the composition and scope of the DRB consistent with City Council direction. PC Report-2009 5 (09sr82 ZTA 07-001) ATTACHMENTS: 1. -Findings-of=Af�prov4L 2. 44ra€t-@r&naR6,es. 3. �,egislativ e-Br-A-s- 4. General Plan-Figure UD-2/Existing Urban Nodes PC Report-2009 6 (09sr82 ZTA 07-001) to U � N Z U 4 K d � O F- O C7 W W m � 1' a SEAL 1 WESTMINSTER BEACH 10LSAI — o Mc z I — FADDEN m o y � z —' EDINGER -- HEIL WARNER FOUNTAIN VALLEY .SLATER s COUNTY OF •�• e TaLeERT �FR�yy -� ORANGE . (BOLSACHtCA) �• r_ EWS z o GARFIFLD r� e YORKTOWN z ! PACIFIC OCEAN A9Gfj o ADAMS / INDIANMtS f y ATLANTA Legend PIER a City Boundary / HAMaTON Primary Entry Nodes / / BANNING Secondary Entry Nodes % COSTA Internal Nodes MESA 1 Main Street 1 PCH 2 Guardian Center(Beach 1 Warner) 3 Golden West College 4 Peters Landing 5 The Huntington Center 6 Central Park Library 7 Five Points 8 Brookhurst and Adams 9 Civic Center 10 Newland Center (See Figure CE-12) EXISTING URBAN NODES w ssggpp r j w o W f10e�n 0- CITY OF HUNTINGTON BEACH GENERAL PLAN _ Z ATTAeHMENT NE). II-UD-6 ATTACHMENT #5 ORDINANCE NO. AN ORDINANCE OF THE CITY Oh HUNTINGTON BEACH AMENDING CHAP'rER 244 OF THE HUTNITNGTON BEACH ZONING AND SUBDIVISION ORDINANCE TITLED DESIGN REVIEW The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 244.02 Applicability of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 244.02 Applicability Design review is required for all projects pursuant to any other prevision of this Zoning and Subdivision Ordinance and for all projects located within redevelopment areas, specific plans as applicable, areas designated by the City Council, City facilities or projects abutting or adjoining City facilities, projects in or abutting or adjoining OS-PR and OS-S districts, and General Plan primary and secondary entry nodes. SECTION 2. Section 244.04 Duties of=the Design Review Board of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as fellows: 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 interviewed by Council liaisons and approved by the City Council. 1. No person is eligible for membership on the Board unless that person is a resident of the City at the time of appointnicnt to the Beard. It'during, a term of office, a member moves his or her place of residence outside of the City limits, his office shall immediately become- vacant. 2. One (1) current Planning Commissioner chosen by the Planning Commission. An alternate Commissioner may be designated by the Planning Commission. 3. At least four of the five members shall have trainin#4' education or work experience in design-related fields including, but [tot limited to, architecture, landscaping, art, urban/environmental design and aesthetics. 07-1 2G3 00 1/40 16 1 1 ordinance No. 3873 4. One{1) current member of the Historic Resources Board chosen by the Historic Resources Board. An alternate may be designated by the Historic Resources Board. 5. The City Council may designate alternate members as it deems necessary so long as the alternate members meet all membership requirements- B. Terms of Office. I At large Members. The term off office for At-large members shall be four(4) years from the date of appointment by City Council. No At-large member shall serve more than two (2) consecutive terms. At-large members serve until their respective successors are 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. Plannim,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. Historic a d ic Resources Board 'k4ember, f he term of the Historic Resources Bo r member shall expire when such mernber ceases to be a member of the Historic- Resources Board. A Historic Resources Board member may be removed prior to the expiration of his/her term by a motion adopted by the Historic Resources Board. 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, SECTION '). Section 244.06 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follow's: 244.06 Scope of Review A. In making its determination. the Board shall review and corisider� I The arrangement and relationship of proposed structures and signs to one ZD another and to other developments in the viclnity, 1 Whether that relationship Is harmonious and based on good standards of architectural design-, 07-1163,00 1140161 Ordinance No. 3873 3. The compatibility in scale and aesthetic treatment of proposed structures with public district areas; 4. The adequacy of proposed landscaping; 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, 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. SECTION 4. Section 244.09 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 244.09 Time Limit; Transferability, Discontinuance. A Design Review Board recommendation shall become null and void one year after its date of" Director approval. If the initial application is in association with another discretionary perinit said permit shall become null and void one year after the final action of the hearing body. SECTION-;. 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_ March 20 10- ay ATTEST: APPROVED AS TO FORM: IN Cit Clerk — — - City' ttorney ,j _ REV D APPROVED: INITLA IUD . APPROVED: C inistrator irec r of Planning f 07-1163€01,140101 � Ord. No. 3873 STATE OF CALIFORNIA } COUNTY OF ORANGE } ss: CITY OF HUNTINGTON BEACH } 1. JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven, that the foregoing ordinance was read to said City Council at a regular meeting thereof held on February 16,2010 and was again read to said City Council at a regular meeting thereof held on March 1, 2010, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Carchio, Coerper, 1-lardy, Green, Bohr. Dwyer, 11ansen NOES: None ABSENT: None ABSTAIN: None i-fan 1, F1�n�r,Cl[Y CLERK car the Cite of Huntington �3cttcix and ca-ofticio Cled.of the C-it%Council-'to hercut � cati(i that a synopsis of this ordinance has been I published ita the Huntington Beach Fountain Va11e} Independent on Niaarch 11,2010. � In accordance;with the C itc Charter.!'said City -- Joan L. Flynn. City C lerk C il,,y Clerk and ex-officio 'erk ---- -__-- Senior DCDUtV City Clerk of the City Council of the City of l luntington Beach, California ATTACHMENT #6 ORDINANCE NO. 3873 LEGISLATIVE DRAFT 11'Ch 244 .Desig Review (3529-2/02,3680-12/04) Sections: 244.02 Applicability 244.04 Duties of the Design Review Board 244.06 Scope of Review 244.08 Required Plans and Materials 244.09 Time Limit; Transferability, Discontinuance 244.02 Applicability Design review is required for projects pursuant to any other provision of this Zoning and Subdivision Ordinance and for projects located within inredevelopment areas,-^^ ' ^ppli^^hle specific plans as applicable, areas designated by the City Council, and€erCity facilities, or projects abutting or adjoining City facilities, Uects in or abutting or adjoining PSOS-PR and OS-S districts, and eneral Plan primary and secondary entry nodes. (3529-2/02,3680-12/04) 244.04 Duties of the Design Review Board The Design Review Board shall assist the Director, Planning Commission and Zoning Administrator in reviewing development plans and architectural drawings within designated geographic areas of the City and to undertake such other review and approval as provided by this code. A. Organization. The Board shall consist of five members appeinted interviewed by Council liaisons and approved by an ,-esp rsibk -e the City Council. The „. befship shall eansist of the folio I I.*—Z'. 1. Two (2) At 1a ge .. be fs eansisting of e:u ffe t City fes de t shown by t4 0 City C ouneii. A lto,....,te (`;th,,.o^;.a�ts.,, ,he, d—e-Si.n to by the (`;tom. Gounei!1No person is eligible for membership on the Board unless that person is a resident of the City at the time of appointment to the Board. If during a term of office, a gnP.mber groves his or her place of residence outside of the City limits, his office shall immediately become vacant. 2. One (1) current Planning Commissioner chosen by the Planning Commission. An alternate Commissioner may be designated by the Planning Commission. 3. The Difeetaf fhis,4ie.,av4gfiee.At least four of the five members shall have training, education or work experience in design- related fields including, but not limited to, architecture, landscaping, art, urban/environmental design and aesthetics. 4. One (1) current member of the historic Resources Board c osen by the historic Resources Board. An alternate may be designated by the Historic Resources Board. Huntington Beach Zoning and Subdivision Ordinance Chapter 244 Page 1 of 3 07-1163.001/40342 LEGISLATIVE DRAFT 5. The City Council may designate alternate members as it deems necessary so long as the alternate members meet all membership requirements. B. Terms of Office. 1. At-large Members. The term of office for At-large members shall be four(4) years from the date of appointment by City Council, as her-einafter-pfavide . One At large member- shall be appointed in , eaehf66tif"tnti year-thefeafte One At large ,f.o,Y bef shall be appointed in nQd r^r ^ *we year tefm, and eaeh fetu4h yeaf thef!0^f0. No At-large member shall serve more than two (2) consecutive terms, ex ept that the ,.,,,.feet At large member-may be ^ Rle for-the two . f tef,Y, mentioned>10i . At-large members fftay serve until their respective successors are 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. 3. Historic Resources Board Member. The term of the Historic Resources Board mem er s a expire when such member ceases to be a member of the Historic Resources Board. A Historic Resources Board member may be removed prior to the expiration of his/her term by a motion adopted b the Historic Resources Board. Members may serve untiTtheir 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; Huntington Beach Zoning and Subdivision Ordinance Chapter 244 Page 2 of 3 07-1163.0 0 1/4 03 42 LEGISLATIVE DRAFT 4. The adequacy of proposed landscaping, parking spaees, driveways, petentia on site and off site par-king and tr- f fie ; is and the f potential impa +� upon the envir-onme ; 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. 244.09 Time Limit; Transferability,Discontinuance, M., Design Review Board recommendation shall become null and void one year after its date of Director approval. If the initial application is in association with another discretionary pemit said permit shall become null and void one year after the final action of the hearing body. (3680-12/04) RECENT CITY COUNCIL DIRECTION & STAFF RECOMMENDATION Recent City Council direction was to include an HRB member on the DRB; the City Council has not considered the other proposed changes. Huntington Beach Zoning and Subdivision Ordinance Chapter 244 Page 3 of 3 07-1163.001/40342 ATTACHMENT #7 ORDINANCE NO. 3867 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 210 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TITLED RESIDENTIAL DISTRICTS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 210.16 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 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 reviewed 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. Proms cts 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 1 St day of March 2010 - M ATTEST: A VED AS TO FORM: of \\_'-ly) , City Clerk City ttorney O V-0 0 91oq REVIE D APPROVED: INITIAT AND APPROVED: t ministrator Oirec4tor of Planning _ 07-1163.001140t46 Ord. No. 3867 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF HUNTINGTON BEACH ) I,JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on February 16, 2010, and was again read to said City Council at a regular meeting thereof held on March 1,2010, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, Hansen NOES: None ABSENT: None ABSTAIN: None 1,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on March 11,2010. In accordance with the City Charter of said City Joan L. Flynn,Ci_ Clerk CiU Clerk and ex-officio erk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California ATTACHMENT #8U ORDINANCE NO. 3868 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 211 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TITLED COMMERCIAL DISTRICTS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 211.08 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 211.08 Review of Plans All applications for new construction, initial establishment of use, exterior alterations and additions shall be submitted to the Planning Department for review. Discretionary review shall be reviewed 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 Ist day of March 120 io . aJ"`Sy� aydj_, °'' ATTEST: APPROVED AS TO FORM: City Clerk , City'Attorney REVIEW / NJ) APPROVED: INITIATED AND APPROVED: C' d inistrator Director of Planning F< 07-1 163.00 1/40 1 4 7 Ord. No. 3868 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF HUNTINGTON BEACH ) L JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on February 16, 2010, and was again read to said City Council at a regular meeting thereof held on March 1, 2010, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, Hansen NOES: None ABSENT: None ABSTAIN: None I,Joan L_Fknn,CITY CLERK ofthe City of Huntington Beach and ex-officio Clerk of the City Council.do hereby certify that a synopsis ofthis ordinance has been published in the Huntington Beach Formtain Valle}' Independent on March 11,2010. } 'z' In accordance with the City Charter ofsaid City Joan L. Flynn. City Clerk Cit . Clerk and ex-officio Clerk Senior Depute Cite Clerk of the City Council of the City of Huntington Beach, California ATTACHMENT #9 ORDINANCE NO. 3869 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 212 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TITLED INDUSTRIAL DISTRICTS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 212.08 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 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 reviewed 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. 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 1 s t day of March , 20 1 p ay ATTEST: AP MOVED AS TO FORM: City Clerk *City, orney o%co t o wci REVI D APPROVED: INITIAT AND PROVED: va of yministrator Direct r of Planning 07-1 1 63-00 1/40 148 Ord. No. 3869 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City,do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on February 16,2010,and was again read to said City Council. at a regular meeting thereof held on March 1, 2010, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, Hansen NOES: None ABSENT: None ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on March 11,2010. In accordance with the City Charter of said City JJ409C-e) Joan L. Flynn,City Clerk CU Clerk and ex-officio erk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California ATTACHMENT # 10 ORDINANCE NO. 3870 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 213 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TITLED OPEN SPACE DISTRICT The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION I. Section 213.10 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 213.10 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. B. Design Review Board. 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 1st day of March , 2010 a ATTEST: OVED AS TO FORM: T Cit Clerk /�G City Attorney VW REVIE APPROVED: INIT-HATE AN APPROVED: CiAy Xdijinistrafor Director of Planning 07-1163.001/40149 Ord.. No. 3870 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on February 16,2010 and was again read to said City Council at a regular meeting thereof held on March 1, 2010, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AXES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, Hansen NOES: None ABSENT: None ABSTAIN: None 1,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on March 11,2010. In accordance with the City Charter of said City - Joan L. Flynn,City Clerk C Clerk and ex-officio erk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California ATTACHMENT # 11 ORDINANCE NO. 3871 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 214 OF THE HUNTINGTON BEACH ZONING AND.SUBDIVISION ORDINANCE TITLED PUBLIC-SEMIPUBLIC DISTRICT The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION I. Section 214.10 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 214.10 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 for projects requiring conditional use permits. Design Review shall be required for all projects except temporary uses pursuant to Chapter 244. A Coastal Development Permit is required for projects in the Coastal Zone unless the project is exempt (see Chapter 24__) 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 1st day of March , 2010 a} ATTEST: :n J?z0VED AS TO FORM: CIVY Clerk - C3ity Attorney 1) t REVI D APPROVI-J): INITIATFD/XND APPROVED: ty A Iministrator Director df Panning 0-t 163_Oi71140150 Ord. No. 3871 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on February 16, 2010 and was again read to said City Council at a regular meeting thereof held on March 1, 2010 and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AWES: Carchio, Coerper, hardy. Green, Bohr•, Dwyer, Hansen NOES: None ABSENT: None ABSTAIN: None 1-Joan L. Fivnn,CI FY CI FRK of the City of Huntington [leach and ex-officio Clerk of the(-it} Coun:il.do herehy ! c rtiN that a s}nopsis of thi ordinance ha;been published in the Huntington Beach I=<nunain Vallev I Independent can March 11.?OIO. j 1n accordance%i ith the Cite Charter of,aid Cite I SIT - -_-__-- Joan I.. Flvnii. City Clerk Cat Clerk and ex-officio!V-1lerk -- Senior I)cnuz% 'it ti Clerk ' of the City Council of the City of Huntington Beach, California ATTACHMENT # 12 ORDINANCE NO. 3872 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 233 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TITLED SIGNS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 233.04 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 233.04 Permits Required Sign permits are required for all signs, unless expressly exempted under Section 233.08 or otherwise provided by this Code. A building permit application for a new sign or change in sign panel/face shall be approved by the Planning Department prior to installation and issuance of a building permit by the Building and Safety Department. A. Sign Permit. A complete sign application shall include the following information: 1. Two sets of fully-dimensioned plans drawn to scale. The plans shall include the following: a. Site plan indicating the location of all proposed signs, as well as the size and location of existing signs on the site. Photographs should be submitted if available. b. Sign elevations, indicating overall square footage and letter/figure dimensions, letter style, color(indicate standard color number if applicable), materials, proposed copy and illumination method. C. Dimensioned building elevations with existing and proposed signs depicted. 2. Property owner approval in the form of a letter or signature on the plans, approving the proposed signs and authorizing submission of the sign application. 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. 07-1163.001/40151 1 Ordinance No.3872 B. Planned Sign Program. Review and approval of a Planned Sign Program pursuant to Section 233.20 is required for a sign permit for the following requests: I. 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. 6. Planning Director shall receive entire list including name and address of those receiving the mailing. The Design Review Board shall review and render a recommendation to the Director for sign code exception requests of more than 20%in sign height or sign area supergraphics, three-dimensional signs, and relief from the strict application of Section 233.06. Neighborhood Notification required pursuant to Chapter 241. The following findings shall be made prior to approval of any sign code exception: I. The sign is compatible with the character of the area and is needed due to special circumstances defined by the applicant and applicable to the property. 2. The sign will not adversely affect other signs in the area. 07-1163-001/40151 2 Ordinance No.3872 3. The sign will not be detrimental to properties located in the vicinity. 4. The sign will not obstruct vehicular or pedestrian traffic visibility and will not be a hazardous distraction. D. Limited Sign Permit: The owner of a sign which does not conform to the provisions of Section 233.06 may file an application for a limited sign permit to the Director for permission to change the face or copy of such sign. A limited sign permit cannot be processed for an Illegal Sign or a Prohibited Sign listed 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 pursuant to Section 233.04(A)prior to installation of the new sign panel/face. A cash bond in an amount determined by the Director to reflect the cost of removal based on information provided by a sign company shall be required to guarantee the sign's removal upon expiration of the limited sign permit. Approval shall be subject to the following findings: 1. Due to unique circumstances,the sign's immediate removal will result in a substantial hardship for the applicant. 2. The sign will not adversely affect other lawfully erected signs in the area. 3. The sign will not be detrimental to properties located in the vicinity. 4. The sign will be in keeping with the character of the surrounding area. 5. The sign will not obstruct vehicular or pedestrian traffic visibility and will not be a hazardous distraction. E. Design Review Board. 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 issuance of a permit by the Planning and/or Building & Safety Departments for the following: 1. Electronic Readerboard Signs. 2. Signs on properties within the following areas: a. Areas subject to specific plans which do not include specific guidelines for signs; b. OS-PR(Open Space-Parks and Recreation) and OS-S (Open Space-Shoreline districts); and C. Any other area designated by the City Council. 3. DRB review or approval shall not be required for signs in Redevelopment Agency project areas. 07-1163.001/40151 3 Ordinance No.3872 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 signs that comply with Section 233.18 are permitted up to a maximum of 90 days per calendar year. 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 1st day of March ,20 10 , Ma or ATTEST: APPROVED AS TO FORM:Qiiwi�) -7/D , jj. 62� .) ?,_,U PZA ,Z Ci y Clerk 19 ,— City Attorney REVIEtDPPROVED: INITIAT AND PP ROVED: C' inistrator irec or of Planning 07-1163.001/40151 4 Ord. No. 3872 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on February 16,2010, and was again read to said City Council at a regular meeting thereof held on March 1,2010, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, Hansen NOES: None ABSENT: None ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on March 11,2010. In accordance with the City Charter of said City Joan L. Flynn,City Clerk Cy Clerk and ex-officio erk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California ATTACHMENT # 13 ORDINANCE NO. 3867 LEGISLATIVE DRAFT Chaptea-'210 Residential Districts xE` <. (3268-12/94,3334-6/97,3410-3/99,3455-5/00,3568-9/02,3706-6/05, 3724-02/06, 3761-2/07,3832-7/09) Sections: 210.02 Residential Districts Established 210.04 RL, RM, RMH, RH, and RMP Districts: Land Use Controls 210.06 RL, RM, RMH, RH, and RMP Districts: Property Development Standards 210.08 Development Standards for Senior Projects 210.10 Modifications for Affordable Housing 210.12 Planned Unit Development Supplemental Standards and Provisions 210.14 RMP District Supplemental Development Standards 210.16 Review of Plans 210.02 Residential Districts Established The purpose of the residential districts is to implement the General Plan and Local Coastal Program Land Use Plan residential land use designations. Five (5)residential zoning districts are established by this chapter as follows: (3334-6/97) A. The RL Low Density Residential District provides opportunities for single-family residential land use in neighborhoods, subject to appropriate standards. Cluster development is allowed. Maximum density is seven (7) units per acre. B. The RM Medium Density Residential District provides opportunities for housing of a more intense nature than single-family detached dwelling units, including duplexes, triplexes,town houses, apartments, multi-dwelling structures, or cluster housing with landscaped open space for residents'use. Single-family homes, such as patio homes, may also be suitable. Maximum density is fifteen(15) units per acre. C. The RMH Medium High Density Residential District provides opportunities for a more intensive form of development than is permitted under the medium density designation while setting an upper limit on density that is lower than the most intense and concentrated development permitted in the City. One subdistrict has been identified with unique characteristics where separate development standards shall apply: RMH-A Small Lot. Maximum density is twenty-five (25)units per acre. D. The RH High Density Residential District provides opportunities for the most intensive form of residential development allowed in the City, including apartments in garden type complexes and high rise where scenic and view potential exists, subject to appropriate standards and locational requirements. Maximum density is thirty-five (35) units per acre. E. The RMP Residential Manufactured Home Park District provides sites for mobile home or manufactured home parks, including parks with rental spaces and parks where spaces are individually owned. Maximum density is nine (9) spaces per acre. Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 1 of 23 07-1163.001/40334 210.04 RL, RM, RMH, RH, and RMP Districts: Land Use Controls In the following schedules, letter designations are used as follows: "P" designates use classifications permitted in residential districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" that follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. "TU" designates use classifications allowed upon approval of a temporary use permit by the Zoning Administrator. (3334-6/97,3410-3/99) "P/U" designates that accessory uses are permitted, however, accessory uses are subject to approval of a conditional use permit if the primary use requires a conditional use permit. (3334- 6/97,3410-3/99) Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the zoning ordinance. Where letters in parentheses are opposite a use classification heading,referenced provisions shall apply to all use classifications under the heading. (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 2 of 23 07-1163.001/40334 RL, RM, RMH, RH, and P = Permitted RMP DISTRICTS: L = Limited (see Additional Provisions) (3334-6/97) LAND USE CONTROLS PC = Conditional use permit approved by Planning Commission ZA = Conditional use permit approved by Zoning Administrator TU = Temporary Use Permit P/U = Requires conditional use permit on site of conditional use - = Not Permitted RL RM RMH RMP Additional RH Provisions Residential Uses (A)(M)(Q) (3334-6/97,3410-3/99) Day Care, Ltd. P P P P Group Residential - - PC - Multi-family Residential (B)(C)(D)(R) (3410-3199,3455-5/00) 2 -4 units ZA P P - (3334-6/97,3410-3/99) 5 - 9 units ZA ZA ZA - (3334f/97,3410-3/99) 10 or more units PC PC PC - (3334-6/97,3410-3199) Manufactured Home Parks ZA ZA - ZA (E)(F) Residential, Alcohol Recovery, Ltd. P P P P Residential Care, Limited P P P P Single-Family Residential P P P P (B)(D)(F)(P)(R)(S) (3334-6/97,3410-3/99, 3455-5/00,3832-7109) Public and Semipublic (A)(0) (3334F/97,3410-3/99) Clubs &Lodges PC PC ZA ZA (3334-6/97,3410-3/99) Day Care, Large-family L-6 L-6 L-6 L-6 (3334-6197,3761-2/07) Day Care, General L-1 ZA ZA ZA (3334-6197,3410-3/99) Park& Recreation Facilities L-2 L-2 L-2 L-2 (3334-6/97,3410-3/99) Public Safety Facilities PC PC PCB PC Religious Assembly L-3 PC P`' 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 (3568-9102) 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) (3334-6197,3410-3/99) Temporary Uses (J)(M) (3334-6/97,3410-3/99) Commercial Filming, Limited P P P P Real Estate Sales P P P P (N) (3334-6/97,3410-3199,3706-6/05 Personal Property Sales P P P P Street Fairs TU TU TU TU Nonconforming Uses (K)(L) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 3 of 23 07-1163.001/40334 RL, RM, RMH,RH, and RMP Districts: Additional Provisions L-1 A conditional use permit from the Planning Commission is required and only allowed on lots 1.0 acre (gross acreage) or greater fronting an arterial in RL District. (3410-3/99) L-2 Public facilities permitted, but a conditional use permit from the Zoning Administrator is required for private noncommercial facilities, including swim clubs and tennis clubs. (3334-6/97, 3410-3/99) L-3 A conditional use permit from the Planning Commission is required, and only schools operating in conjunction with religious services are permitted as an accessory use. A General Day Care facility may be allowed as a secondary use, subject to a conditional use permit, if the Planning Commission finds that it would be compatible with adjacent areas and not cause significant traffic impacts. (3334-6/97, 3410-3/99,3724-02/06) L-4 A conditional use permit from the Zoning Administrator is required and only allowed on lots 10,000 sq. ft. or greater in RMH-A subdistrict. See also Section 230.42: Bed and Breakfast Inns. (3334-6/97,3410-3/99, 3706-6/05) L-5 Only wireless communication facilities permitted subject to section 230.96 Wireless Communication Facilities. (3568-9/02) L-6 Neighborhood notification is required pursuant to Section 241.24. No architectural plans shall be required. (3761-2/07) (A) Any addition or modification subsequent to the original construction that would result in an increase in the amount of building area, or a structural or architectural alteration to the building exterior, shall require an amendment to the previously approved conditional use permit, if any, or approval of a new conditional use permit. (3334-6/97,3410-3/99,3761-2/07) (B) A conditional use permit from the Planning Commission is required for residential uses requesting reduction in standards for senior citizens (See Section 210.08), for affordable housing (See Sections 210.10 and 230.14), or for density bonus (See Section 230.14). (C) A conditional use permit from the Zoning Administrator is required for any multiple family residential development that: (1) abuts an arterial highway; (2) includes a dwelling unit more than 150 feet from a public street; or (3) includes buildings exceeding 25 feet in height. (3334-6/97,3410-3/99) (D) See Section 210.12: Planned Unit Development Supplemental Standards. In addition, a conditional use permit is required for condominium conversion pursuant to Chapter 235. (E) See Section 210.14: RMP District Supplemental Standards. In addition,Neighborhood Notification pursuant to Chapter 241 is required for the addition of manufactured home space(s)to an existing Manufactured Home Park. (3334-6/97,3410-3/99,3706-6/05) (F) See Section 230.16: Manufactured Homes. (G) See Section 230.12: Home Occupation in R Districts. (H) See Section 230.08: Accessory Structures. Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 4 of 23 07-1163.001/40334 (I) See Section 230.10: Accessory Dwelling Units. 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 Inflll Lot Developments. (3334-6/97,3410-3/99) (Q) See Section 230.20: Payment of Parkland Dedication In-Lieu Fee. (3410-3/99) (R) Small lot development standards for RM, RMH, and RH Districts. A conditional use permit from the Planning Commission is required for small lot residential subdivisions, including condominium maps for detached single family dwellings. See also Section 230.24: Small Lot Development Standards. (3455-5/00) (S) See Coastal Element Land Use Plan, Table C-2, for permitted uses, development requirements and restrictions applicable to development within Subarea 4K as depicted in Figures C-6a and C-10 of the Coastal Element Land Use Plan. Subdivision design and development within Subarea 4K shall incorporate the information from the plans and studies required in Table C-2 for development of that Subarea. If there is a conflict between the requirements and restrictions of Table C-2 and other provisions of the Zoning and Subdivision Ordinance,the requirements and restrictions included in Table C-2 shall prevail. (3832-7/09) 210.06 RL, RM, RMH, RH, and RMP Districts: Property Development Standards The following schedule prescribes development standards for residential zoning districts and subdistricts designated on the zoning map. The columns establish basic requirements for permitted and conditional uses; letters in parentheses in the "Additional Provisions" column refer to "Additional Development Standards" following the schedule. In calculating the number of units permitted on the site, density is calculated on the basis of net site area. Fractional numbers shall be rounded down to the nearest whole number except that one dwelling unit may be allowed on a legally created lot complying with minimum lot area. All required setbacks shall be measured from ultimate right-of-way and in accordance with the definitions set forth in Chapter 203, Definitions. Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 5 of 23 07-1163.001/40334 Any new parcel created pursuant to Title 25, Subdivisions, shall comply with the minimum building site requirements of the district in which the parcel is located unless approved as a part of a Planned Unit Development. Property Development Standards for Residential Districts RL RM RMH-A RMH RH RMP Additional Subdistrict Provisions Minimum Building Site 6,000 6,000 2,500 6,000 6,000 10 ac. (A)(B)(C) (3410-3/99) Width(ft.) 60 60 25 60 60 N/A (3334-6/97,3410-3/99) Cul de sac frontage 45 45 - 45 45 N/A (3334-6197,3410-3/99) Minimum Setbacks (D)(R) (3334-6/97,3410-3199) Front(ft.) 15 15 12 10 10 10 (E)(F) (3334-6197,3410-3/99) Side (ft.) 3;5 3;5 3;5 3;5 3;5 - (G)(I)(J) (3334-6/97,3410-3199) Street Side (ft.) 6;10 6;10 5 6;10 6;10 10 (H) (3334-6/97,3410-3/99) Rear (ft.) 10 10 7.5 10 10 - (1)(J) Accessory Structure (U) (3334-6/97,3410-3/99) Garage (K) (3334-6197,3410-3/99) Projections into Setbacks (L)(R) (3334-6/97,3410-3199) Maximum Height (ft.) Dwellings 35 35 35 35 35 20 (M) (3334-6/97,3410-3199) Accessory Structures 15 15 15 15 15 15 (M)(R) (3410-3/99) Maximum Floor Area - - 1.0 - - - (3334-6/97,3410-3/99) Ratio (FAR) (3410-3/99) Minimum Lot Area per Dwelling Unit (sq. ft.) 6,000 2,904 * 1,742 1,244 - (3334-6/97,3410-3199) Maximum Lot Coverage (%) 50 50 50 50 50 75 (V) (3334-6/97,3410-3/99) Minimum Floor Area (N) (3334-6/97,3410-3/99) Minimum Usable Open Space (0) Courts (P) (3334-6/97,3410-3/99) Accessibility within Dwellings (Q) (3410-3/99) Waterfront Lots (R) (3334-6/97,3410-3/99) Landscaping See Chapter 232 (S) (3334-6/97,3410-3199) Fences and Walls See Section 230.88 Lighting (T) (3334-6/97,3410-3199) Underground Utilities See Chapter 17.64 Screening of Mechanical Equipment See Section 230.76 Refuse Storage Areas See Section 230.78 (3410-3/99) Antenna See Section 230.80 (3410-3199) 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 Chapter 230.08 (3706-6105) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 6 of 23 07-1163.001/40334 * Lots 50 feet or less in width= 1 unit per 25 feet of frontage Lots greater than 50 feet in width= 1 unit per 1,900 square feet N/A=Not applicable RL,RM, RMH, RH, and RMP Districts: Additional Development Standards (A) See Section 230.62: Building Site Required and Section 230.64: Development on Substandard Lots. (B) See Section 230.66: Development on Lots Divided by District Boundaries. (C) The minimum lot area shall be 12,000 square feet for General Day Care, General Residential Care, and Public or Private Schools, except minimum lot area for General Day Care in the RL district shall be one (1) gross acre. (3334-6/97,3410-3199) (D) Building Separation. The minimum spacing between buildings including manufactured home units shall be 10 feet. (3334-6/97,3410-3/99) (E) Variable Front Setback for Multi-family Projects. Projects with more than 4 units in the RM District, more than 8 units in the RMH District, or more than 14 units in the RH District shall provide a minimum setback of 15 feet from any public right-of-way. Minimum 50% of the garages shall be set back 20 feet from the front property line. (See Section 210.12B.) (3334-6/97, 3410-3/99) (F) Upper-story Setbacks for Multi-family Structures. The covered portion of all stories above the second story in any multi-family structure shall be set back an average of 10 feet from the second floor front facade (see Exhibit). (3334-6/97,3410-3/99) average 10' setback OD D DO QD D QQ QD 0 � 0 � 0 � 210-UPSS.PCX Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 7 of 23 07-1163.001/40334 UPPER STORY SETBACK Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 8 of 23 07-1163.001/40334 RL, RM,RMH, RH, and RMP Districts: Additional Development Standards (G) Interior Side Setback (1) In the RL, RM, RMH, including RMH-A subdistrict, and RH Districts, interior side setbacks shall be minimum 10% of lot width, but not less than 3 feet and need not exceed 5 feet, except as stated below. (3334-6/97,3410-3/99) (2) For projects in the RM, RMH, including RMH-A subdistrict, and RH Districts adjoining an RL District, interior side setbacks shall be at least: (a) 10 feet for units in single-story or two-story buildings. (b) 14 feet for units above two stories. Subject to approval of a conditional use permit, the Zoning Administrator or the Planning Commission, may approve upper-story setbacks in lieu of an increased side setback if the second and third stories are set back the required distance. (3334-6/97,3410-3/99) (H) Street Side Setbacks (1) In the RL, RM, RMH (excluding RMH-A subdistrict), and RH districts, the street side yard shall be 20 percent of the lot width, minimum 6 feet and need not exceed 10 feet. (3334-6/97,3410-3199) (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) (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. (3334-6/97,3410-3/99) (J) Zero Side or Rear Setback. (1) A zero interior side setback may be permitted provided that the opposite side setback on the same lot is minimum 20% of the lot width, not less than 5 feet, and need not exceed 10 feet, and shall be subject to the requirements listed in subsection(3)below. (3334-6/97,3410-3/99) (2) A zero rear setback may be permitted provided that the opposite rear setback for the adjacent lot is either zero or a minimum of 10 feet, and subject to the requirements listed in subsection(3) below. (3334-6/97,3410-3/99) (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 9 of 23 07-1163.001/40334 RI,, 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 may be permitted for planned unit development projects subject to approval of a conditional use permit and compliance with Section 210.12 B. (3334-6/97, 3410-3/99) (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 Page 10 of 23 07-1163.001/40334 RL, RM, RMH,RH, and RMP Districts: Additional Development Standards r i ATTACHED FRONT ENTRY GARAGE Property line Minimum 20' from i garage to property line Street Sidewalk ATTACHED SIDE i ENTRY GARAGE i Property Line i i i Minimum 10' from garage to property line Min 25' _j Street f_ Sidewalk Radius Property line Alley — Minimum 25' from garage to property line on the other side of the existing alley =Minimum 5' from garage to property line i — Property line i GARAGE WITH ENTRY FROM REAR ALLEY Sidewalk Street Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 11 of 23 07-1163.001/40334 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. (3266-12/94)(3334-6/97) (d) Habitable area, which includes rooftop decks and balconies, above the second story top plate line shall require approval of a conditional use permit by the Zoning Administrator. Habitable area above the second story plate line shall be within the confines of the roof volume, with the following exceptions: (3334-6197,3410-3/99) (1) Dormers, decks and other architectural features may be permitted as vertical projections above the roof volume provided the projections are setback five (5) feet from the building exterior and do not exceed the height limits as stated above. (3334-6/97) (2) Windows and deck areas above the second story plate line shall orient toward public rights-of-way only. (3334-6/97,3410-3/99) (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 12 of 23 07-1163.001/40334 Dormers, decks and other architectural features must Habitable Areas are: be setback 5' from o 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 Page 13 of 23 07-1163.001/40334 Front Property Line I I I I I I 35'maximum I 25' maximum j height at top j height in the of roof 25' front and rear 25' of 25' the lot Street Rear j Property 25' 25' Line MAXIMUM BUILDING HEIGHT FOR SINGLE FAMILY DWELLINGS ON LOTS LESS THAN 50 FEET WIDE IN RMII-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 brie shall be prohibited. (3334-6/97,3410-3/99) Two vertical cross-sections through the property (front-to-back and side-to-side)that show the relationship of each level in a new structure and new levels added to an existing structure to both existing and finished grade on the property and adjacent land within 5 feet of the property line shall be submitted in order to determine compliance with this subsection. (3334-6/97,3410-3/99) (3) Accessory Structures: See Section 230.08: Accessory Structures. Accessory structures located on projecting decks abutting a waterway shall comply with the height established in subsection(R). (3334-6/97,3410-3/99) (4) Recreation Buildings: The maximum height of a recreation building for multi-family, planned residential, and mobile home park projects shall be established by the conditional use permit. (3334-6/97) (N) Minimum Floor Area. Each dwelling unit in a multi-family building and attached single family dwellings shall have the following minimum floor area. Unit Type Minimum Area (Square Feet) Studio 500 one bedroom 650 two bedrooms 900 three bedrooms 1,100 four bedrooms 1,300 All detached single family dwellings shall have a minimum 1,000 square feet of floor area not including the garage and shall be a minimum of 17 feet in width. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 14 of 23 07-1163.001/40334 RL,, RM, RMH, RH, and RMP Districts: Additional Development Standards (0) Open Space Requirements. (1) The minimum open space area(private and common) for multi-family residential projects in RM, RMH, including RMH-A subdistrict, and RH Districts shall be 25% of the residential floor area per unit(excluding garages). (3334-6/97,3410-3/99,3706-06/05) (2) Private Open Space. (a) Private open space shall be provided in courts or balconies within which a horizontal rectangle has no dimension less than 10 feet for courts and 6 feet for balconies. A minimum patio area of 70 square feet shall be provided within the court. (3334-6/97) (b) The following minimum area shall be provided: Unit Type Minimum Area (Sq.Ft.) Units Above Ground Floor Units Ground Floor Studio/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, provided that no portion of such deck exceeds the height limit. (3410-3/99,3706-6/05) (e) Patio and balcony enclosures within existing planned developments or apartment complexes shall be subject to the following conditions: (3706-6/05) 1. A maximum of one enclosure per unit shall be allowed. (3706-6/05) 2. The existing balcony or patio area shall not be enlarged. (3706-6105) 3. The balcony or patio enclosure shall comply with the current setback and height requirements for the district in which the site is located. (3706-6/05) 4. The enclosure shall consist entirely of transparent materials, i.e., no solid walls or opaque walls, except an existing solid roof may be part of the enclosure. (3706-6/05) 5. No structural change shall occur to the interface wall and doorway between the enclosure and the adjacent inside room of the building, unless the balcony/patio is replaced with equivalent unenclosed area for use as private open space. (3706-6/05) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 15 of 23 07-1163.001/40334 6. The enclosed area shall be considered as private open space and may be counted toward current private open space requirements. (3706-6/05) 7. Required egress for fire escape routes shall be maintained. (3706-6/05) (3) Common Open Space. (a) Common open space,provided by interior side yards, patios, and terraces, shall be designed so that a horizontal rectangle has no dimension less than 10 feet, shall be open to the sky, and shall not include driveways, parking areas, or area required for front or street side yards. (3334-6/97,3410-3/99,3706-06/05) (b) Projects with more than 20 units shall include at least one amenity, such as a clubhouse, swimming pool, tennis court,volleyball court, outdoor cooking facility, or other recreation faculty. (3334-6/97, 3410-3/99,3706-06/05) (4) The Director may allow a reduction in the open space requirement to 10%of the livable area per unit for projects with less than 10 units and located within walking distance of 1,000 feet of a public park or beach. (3334-6197,3410-3/99) (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 Prope , Line: The minimum distance between a required window of a habitable room and a property line shall be 10 feet. (3334-6/97,3410-3/99) (3) Court Dimensions: Courts shall be minimum 20 feet wide (minimum 10 feet on either side of the centerline of the required window) and shall be open to the sky. Eaves may project a maximum 2 feet into a court. (3334-6/97,3410-3/99) (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 16 of 23 07-1163.001/40334 RL, RM, RMH, RH, and RMP Districts: Additional Development Standards Section A I Section B I Section C Living room ' window AL T I I 1/2 Height of ' Opposit wall I 20 ft. I 14 ft. Not less than 10 ft. i Living room window I Living room I window I i h Living room Living room Living room window window window h/2 20 ft. Section A Section B Other room Other room window window 14 ft. Section C 210-CRT.CDR COURTS OPPOSITE WINDOWS (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 17 of 23 07-1163.001/40334 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: (3334-6197) (1) Projecting Decks. Decks on waterfront lots may project 5 feet beyond the bulkhead provided the decks comply with the side setbacks required for the main dwelling. (3334- 6/97,3410-3/99) (2) Windscreens. Windscreens may be permitted if constructed of light-weight materials such as plastic, canvas, fiberglass, tempered glass or metal, except for necessary bracing and framing. The maximum height for windscreens shall be 7 feet above the finished surface of the deck at the bulkhead line. (3334-6/97) (3) Fencing. All portions of fencing within the required rear setback area shall comply with Chapter 230.88 and the visibility provisions below. (3334-6/97,3410-3/99) (4) Solariums. Solariums (patio enclosures) may project a maximum of 30 inches over the bulkhead. In all cases, the solarium shall maintain a 45 degree (45°) visibility angle as measured from the main dwelling building line extended to the side property line. The maximum height shall not exceed the top of the first floor ceiling joist. (3334-6/97, 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 Page 18 of 23 07-1163.001/40334 RL,RM, RMH, RH, and RMP Districts: Additional Development Standards Bulkhead Solarium Projecting deck 2 1/2' Max. TS 45" 45 e e 1 . 5' min. house 5' min. . 1 Property line I 91 n.1 dh(-.nrz WATERFRONT LOT PROJECTIONS (3334-6/97) (S) Landscaping (1) A minimum 40% of the front yard shall be landscaped. For single family residences in the RMH-A subdistrict, a minimum 3 foot wide landscape planter along the front property line (excluding max. 5 ft. wide walkway) may be provided in lieu of the 40% requirement. A maximum 18 inch high planter wall may be constructed along the front property line. (3334-6/97,3410-3/99) (2) All required trees specified in Chapter 232 shall be provided. (3410-3/99) (3) All subdivisions shall provide a minimum 5 foot wide landscaped area along arterial street/highway property lines. The actual required width shall be determined during the planning process. Maintenance of said landscaped area shall be by a homeowners association, property owner or other method approved by the City of Huntington Beach. (3334-6/97,3410-3/99) (T) Lighting. A lighting system shall be provided in all multi-family projects along all vehicular access ways and major walkways. Lighting shall be directed onto the driveways and walkways within the development and away from adjacent properties. A lighting plan shall be submitted for approval by the Director. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 19 of 23 07-1163.001/40334 RL,RM, RMH,RH, and RMP Districts: Additional Development Standards (U) See Section 230.08: Accessory Structures (3334-6/97,3410-3/99) (V) Solid patio covers open on at least 2 sides may be permitted an additional 5% site coverage. Open lattice patio covers are exempted from site coverage standards. (3410-3/99) 210.08 Development Standards for Senior Projects This section establishes development standards for Senior Residential Projects that may be permitted by the Planning Commission. (3334-6/97,3410-3/99) A. Minimum Floor Area. Each dwelling unit shall have a minimum floor area of 450 square feet. (3334-6/97,3410-3/99) B. Minimum Setbacks. The project shall comply with the minimum setback requirements of the district applicable to the site. (3334-6/97) C. Minimum Distance between Buildings. Minimum building separation shall be 10 feet. (3334-6/97, 3410-3/99) D. Building Design. No structure shall exceed 180 feet in length. To provide variation in building facades, two of the following architectural elements are required as part of each building: sloped roofs; bay windows; awnings; roof eaves; cornices; balconies; or patios. (3334-6/97) E. Open Space Requirements. (3334-6/97,3410-3/99) 1. Private Open Space: A minimum of 60 square feet of private open space for studios or one bedroom units and 120 square feet for two or more bedrooms, with minimum dimensions of 6 feet. (3334-6/97,3410-3/99) 2. Common Open Space: A minimum of 2,500 square feet for the first 50 units, and an additional 50 square feet for each unit over 50. (3334-6/97,3410-3/99) 3. Community Club House: An enclosed community or clubhouse facility containing minimum 7 square feet per unit, and a total area of minimum 400 square feet, may satisfy up to 50% of the common open space requirement. The clubhouse shall include handicapped bathrooms and kitchen facilities to be used by project residents and their guests only. (3334-6/97,3410-3/99) F. Elevators. Buildings with more than 2 levels, including living areas or parking, shall have elevators. (3334-6/97) G. Parking. Parking shall comply with Chapter 231. Any parking space over and above the one space per unit shall be marked for guest use. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 20 of 23 07-1163.001140334 RRL, RM, RMH, RH, and RMP Districts: Additional Development Standards 210.10 Modifications for Affordable Housing The Planning Commission may approve a conditional use permit modifying the minimum property development standards in this chapter for affordable housing, as provided in Section 230.14. The proposed modifications shall be requested in writing by the applicant, accompanied by a detailed pro- forma, rental guidelines, deed restrictions, financial subsidies, and other types of documentation which will serve to demonstrate the need for a reduction of development standards. Modifications to the standards may include, but are not limited to, the parking requirements and open space. The specific standard(s) from which the applicant is requesting relief shall be identified and alternative development standard(s) proposed. (3334-6/97,3410-3/99) 210.12 Planned Unit Development Supplemental Standards and Provisions This section establishes supplemental development standards and provisions that shall apply to all planned unit developments. (3334-6/97) A. Maps. A tentative and final or parcel map shall be approved pursuant to Title 25, Subdivisions. (3334-6/97) B. Project Design. 1. Driveway parking for a minimum of fifty percent of the units shall be provided when units are attached side by side. (3334-6/97) 2. A maximum of six units may be attached side by side and an offset on the front of the building a minimum of four(4) feet for every two units shall be provided. (3334-6/97) 3. A minimum of one-third of the roof area within a multi-story, multi-unit building shall be one story less in height than the remaining portion of the structure's roof area. (3334-6/97) C. Common Areas. Every owner of a lot or dwelling unit shall own as an appurtenance to such unit or lot either an undivided interest in the common areas and facilities or a share in the corporation, community association, or limited partnership owning the common areas and facilities. (3334-6/97) D. Covenants. The developer shall submit a covenant setting forth a plan or manner of permanent care and maintenance of all common areas and communal facilities. Such covenant shall be included in the Covenant, Conditions, and Restrictions (CC&R's) applying to the property and shall be approved by the City Attorney and Director. The CC&R's shall be approved prior to final or parcel map approval and when approved, shall be recorded in the office of the Orange County Recorder. (3334-6/97) E. Maintenance. The corporation, community association, or limited partnership shall have the responsibility of maintaining the common areas and facilities as shown on the final development plans, the buildings and use of property for planned unit development. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 21 of 23 07-1163.001/40334 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 Page 22 of 23 07-1163.001/40334 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 r,,mm tffi y Deye'^p. entPlanning Department for review. Discretionary review shall be required as follows: (3334-6/97) A. Zoning Administrator Review. Projects requiring a conditional use permit from the Zoning Administrator; projects on substandard lots; see Chapter 241. (3334-6/97,3410-3/99) B. Design Review Board. See Chapter 244. (3334-6/97,3410-3/99) C. Planning Commission. Projects requiring a conditional use permit from the Planning Commission; see Chapter 241. (3334-6/97,3410-3/99) D. Projects in the Coastal Zone. A Coastal Development Permit is required unless the project is exempt; see Chapter 245. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 23 of 23 07-1163.001/40334 ATTACHMENT # 14 ORDINANCE NO. 3868 LEGISLATIVE DRAFT JJ`ehaptgr_ .W,C C merdit'i-DistricN (3285-6/95,3341-10/96,3334-6/97,3482-12/00, 3522-2102,3553-5/02,3568-9/02,3707-6/05,3774-9/07) (Note: Ordinance No.3774-9/07 is subject to approval by the California Coastal Commission) Sections: 211.02 Commercial Districts Established 211.04 CO, CG, and CV Districts: Land Use Controls 211.06 CO, CG and CV Districts: Development Standards 211.08 Review of Plans 211.02 Commercial Districts Established The purpose of the Commercial districts is to implement the General Plan and Local Coastal Program commercial land use designations. Three (3) commercial zoning districts are established by this chapter as follows: (3334-6/97) A. The CO Office Commercial District provides sites for offices for administrative, financial, professional, medical and business needs. B. The CG General Commercial District provides opportunities for the full range of retail and service businesses deemed suitable for location in Huntington Beach. C. The CV Visitor Commercial District implements the Visitor Serving Commercial land use designation within the coastal zone and provides uses of specific benefit to coastal visitors. More specifically, the CV district provides opportunities for visitor-oriented commercial activities, including specialty and beach related retail shops, restaurants, hotels, motels, theaters, museums, and related services. (3334-6/97) 211.04 CO, CG, and CV Districts: band Use Controls In the following schedules, letter designations are used as follows: "P" designates use classifications permitted in commercial districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" that follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. "TU" designates use classifications allowed upon approval of a temporary use permit. Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 1 of 13 07-1163.001/40147 "P/U" for an accessory use means that the use is permitted on the site of a permitted use, but requires a conditional use permit on the site of a conditional use. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the Zoning Ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. P = Permitted CO, CG, L = Limited(see Additional Provisions) and CV PC = Conditional use permit approved by Planning Commission Districts ZA = Conditional use permit approved by Zoning Administrator Land Use TU = Temporary Use Permit Controls P/U = Requires conditional use permit on site of conditional use - = Not Permitted CO CG CV Additional Provisions Residential (J)(Q)(R)(V) (3334-6/97) Group Residential PC PC PC (3334-6/97) Multifamily Residential - - PC (3334-S/97) Public and Semipublic (J)(Q)(R)(V) (3334-6/97,3553-5/02) Clubs and Lodges P P - (3334-6/97,3707-6/05) Community and Human Services Drug Abuse Centers - PC - Primary Health Care L11 Ll l - (3522-2/02) Emergency Kitchens - L-2 - Emergency Shelters - L-2 - Residential Alcohol Recovery, General - PC - Residential Care, General ZA ZA - (3707-06/05) Convalescent Facilities ZA ZA - (3707-06/05) Cultural Institutions PC PC PC Day Care, General L-3 L-3 - (3707-06/05) Day Care, Large-Family P P - (Y) (3522-2/02) Emergency Health Care L-2 L-2 - (3334-6/97) Government Offices P P PC (3334-6/97) Heliports PC PC PC (B) Hospitals PC PC - (3334-6/97) Park& Recreation Facilities L-9 L-9 L-9 Public Safety Facilities PC PC PC Religious Assembly ZA ZA - (3522-2/02) (3522-2/02) Schools, Public or Private PC PC - Utilities, Major PC PC PC Utilities, Minor P P P (L) Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 2 of 13 07-1163.001/40147 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 Uses V ses (J)(Q)(R) (3341-0/96) Ambulance Services - ZA - Animal Sales & Services Animal Boarding - ZA - (3522-2102) Animal Grooming - P - Animal Hospitals - ZA - (3522-2/02) Animals: Retail Sales - P - Equestrian Centers (CG Zone) - PC - (S) (3707-6/05) Pet Cemetery - PC - Artists' Studios P P P Banks and Savings &Loans P P P With Drive-Up Service P P P (3522-2102) Building Materials and Services - P - Catering Services P P P Commercial Filming P P P (F) Commercial Recreation and Entertainment - PC PC (D) Communication Facilities L-13 L-13 L-13 (3568-9/02) Eating and Drinking Estab. L-4 L-4 L-4 (3522-2/02,3707-6/05) W/Alcohol ZA ZA ZA (N)(Y) (3522-2/02) W/Drive Through - P P (3522-2102,3707-6/05) W/Live Entertainment ZA ZA ZA (W)(Y) (3522-2/02) W/Dancing PC PC PC (H) W/Outdoor Dining ZA ZA ZA (X)(Y) (3522-2102) Food&Beverage Sales - P L-2 W/Alcoholic Beverage Sales - ZA ZA (N) Funeral & Internment Services - ZA - Laboratories L-1 L-1 - Maintenance &Repair Services - P - Marine Sales and Services - P P Nurseries - ZA - Offices, Business &Professional P P P (3334-6/97) Pawn Shops - ZA - Personal Enrichment Services L-10 L-10 - (Y) (3522-2102) Personal Services P P P Research& Development Services L-1 ZA - Retail Sales - P P (U)(V) (3285-6/95,3334-6/97,34 82-1 210 0) Secondhand Appliances/Clothing - P - Swap Meets, Indoor/Flea Markets - PC - (T) Swap Meets, Recurring - ZA - Tattoo Establishments - PC - Travel Services P P P Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 3 of 13 07-1163.001140147 P = Permitted CO, CG, L = Limited (see Additional Provisions) and CV PC = Conditional use permit approved by Planning Commission Districts ZA = Conditional use permit approved by Zoning Administrator Land Use TU = Temporary Use Permit Controls P/U = Requires conditional use permit on site of conditional use = Not Permitted CO CG CV Additional Provisions Vehicle Equipment/Sales & Services Automobile Rentals - L-8 L-8 L-12 Automobile Washing - ZA - (3707-6/05) Commercial Parking - ZA ZA (P) (3707-6/05) Service Stations - PC PC (E) Vehicle Equip. Repair - L-5 - Vehicle Equip. Sales & Rentals ZA ZA - L-12 (3522-2/02) Vehicle Storage - ZA - (3707-6/05) Visitor Accommodations Bed& Breakfast Inns PC PC PC (K) (3707-6/05,3774-9/07 subject to approval by the CA Coastal Commission) Hotels, Motels - PC PC (1) (3334-6/97.3707-6/05, 3774-9/07-subject to approval by the CA Coastal Commission) Condominium—Hotel - - PC (Z) (3774-9/07,3707-9/07 subject to approval by the CA Coastal Commission) Fractional Ownership Hotel (3774-9/07-subject to approval by the CA Coastal Commission) Quasi Residential (3334-6/97 Timeshares - PC - (1)(J) (3334-6/97,3774-9/07 subject to approval by the CA Coastal Commission)) Residential Hotel - PC - (J) (3334-6/97,3774-9/07 subject to approval by the CA Coastal Commission)) Single Room Occupancy - PC - (3774-9/07,3774-9/07 subject to approval by the CA Coastal 7� Commission)) Industrial (J)(Q)(R)(V) (33341,97) 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) Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 4 of 13 07-1163.001/40147 Animal Shows - TU - Circus and Carnivals and Festivals - TU - (3522-2/02) Commercial Filming, Limited - P P (M) Real Estate Sales P P P (3522-2/02,3707-6/05) Retail Sales, Outdoor - TU TU (M) (3522-2/02) Seasonal Sales TU TU TU (M) (3522-2/02) Tent Event - P - (3522-2/02,3707-6/05) Trade Fairs - P - (3707-6/05) Uses V ses (G)(J)(V) (3334-6/97) (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 5 of 13 07-1163.001/40147 CO, CG, and CV Districts: Additional Provisions L-1 Permitted if the space is 5,000 square feet or less; allowed with Neighborhood Notification pursuant to Chapter 241 if the laboratory space exceeds 5,000 square feet. (3707-6/05) L-2 Allowed with a conditional use permit from the Zoning Administrator if the space is 5,000 square feet or less; allowed with a conditional use permit from the Planning Commission if the space exceeds 5,000 square feet. (3707-6/05) L-3 Allowed with a conditional use permit from the Zoning Administrator if the space is 2,500 square feet or less; allowed with a conditional use permit from the Planning Commission if the space exceeds 2,500 square feet. (3334-6/97,3707- 6/05)) L-4 Permitted if greater than 300 feet from residential zone or use; if 300 feet or less from residential zone or use neighorhood notification is required pursuant to Chapter 241. (3522-2/02,3707-6/05) L-5 Only "limited" facilities are allowed subject to approval of a conditional use permit from the Zoning Administrator, and body and fender shops are permitted only as part of a comprehensive automobile-service complex operated by a new vehicle dealer. L-6 Only "small-scale" facilities, as described in Use Classifications, are permitted with a maximum 7 persons employed full time in processing or treating retail products, limited to those sold on the premises. (3522-2/02) L-7 Repealed. (3707-6/05) L-8 On-site storage limited to two rental cars or two cars for lease. (3707-6/05) L-9 Public facilities permitted, but a conditional use permit from the Zoning Administrator is required for commercial facilities. L-10 Permitted if the space is 5,000 square feet or less; allowed with conditional use permit approval from the Zoning Administrator if space exceeds 5,000 square feet. (3522-2/02,3707-6/05) In addition, Personal Enrichment uses within a retail building parked at a ratio of one (1) space per 200 square feet, shall require no additional parking provided the use complies with the following: (3522-2/02) • Maximum number of persons per classroom does not exceed the number of parking spaces allocated to the suite based upon the square footage of the building; and(3522-2/02) • The instruction area does not exceed 75 percent of total floor area of the personal enrichment building area. (3522-2/02) L-11 Permitted if the space is 5,000 square feet or less; allowed with a conditional use permit from the Zoning Administrator if the space exceeds 5,000 square feet. (3522-2/02,3707-6/05) Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 6 of 13 07-1163.001/40147 L-12 Permitted for existing facilities proposing to expand up to 20% of existing floor area or display,area. (3522-2/02,3707-6/05) L-13 For wireless communication facilities see Section 230.96 Wireless Communication Facilities. All other communication facilities permitted. (3568-9/02) (A) Reserved. (3553-5/02) (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. (3707-6/05) (J) In the CV District the entire ground floor area and at least one-third of the total floor area shall be devoted to visitor-oriented uses as described in the certified Local Coastal Program Land Use Plan. Any use other than visitor serving commercial shall be located above the ground level, and a conditional use permit from the Planning Commission or the Zoning Administrator is required. Any use other than visitor serving commercial uses shall only be permitted if visitor serving uses are either provided prior to the other use or assured by deed restriction as part of the development. No office or residential uses shall be permitted in any visitor serving designation seaward of Pacific Coast Highway. (3334-6/97, 3707-6105) (K) See Section 230.42: Bed and Breakfast Inns. (L) See Section 230.44: Recycling Operations. (M) Subject to approval by the Police Department, Public Works Department, Fire Department and the Director. See also Section 230.86 Seasonal Sales. (N) The following businesses proposing to sell alcoholic beverages for on-site or off-site consumption are exempt from the conditional use permit process: Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 7 of 13 07-1163.001140147 (1) Retail markets with no more than 10 percent of the floor area devoted to sales, display, and storage of alcoholic beverages provided the sale of alcoholic beverages is not in conjunction with the sale of gasoline or other motor vehicle fuel. (3522-2/02) (2) Restaurants, Bars-and Liquor stores located 300 feet or more from any R or PS district, public or private school, church, or public use. (3522-2/02) (3) Florist shops offering the sale of a bottle of an alcoholic beverage together with a floral arrangement. (0) See Section 230.46: Single Room Occupancy. (P) See Chapter 231 for temporary and seasonal parking. (Q) Development of vacant land or additions of 10,000 square feet or more in floor area; or additions equal to or greater than 50% of the existing building's floor area; or additions to buildings on sites located within 300 feet of a residential zone or use for a permitted use requires approval of a conditional use permit from the Zoning Administrator. The Planning Director may refer any proposed addition to the Zoning Administrator if the proposed addition has the potential to impact residents or tenants in the vicinity(e.g., increased noise, traffic). (3522-2/02) (R) Projects within 500 feet of a PS District see Chapter 244. (S) See Section 230.48: Equestrian Centers (T) See Section 230.50: Indoor Swap Meets/Flea Markets (U) See Section 230.94: Carts and Kiosks (3248-6/95,3334-6/97,3482-12/00) (V) In the coastal zone, the preferred retail sales uses are those identified in the Visitor Serving Commercial land use designation which provide opportunities for visitor-oriented commercial activities including specialty and beach related retail shops, restaurants, hotels, motels,theaters, museums, and related services. (W) Non-amplified live entertainment greater than 300 feet from a residential zone or use shall be permitted without a conditional use permit. (3522-2/02) (X) Outdoor dining with alcohol sales shall be permitted with a conditional use permit to the Zoning Administrator. Outdoor dining without alcohol sales that is 400 square feet or less shall be permitted without a conditional use permit. If over 400 square feet with no alcohol sales,Neighborhood Notification shall be required pursuant to Chapter 241. (3522-2/02,3707-6105) (Y) Neighborhood Notification requirements pursuant to Chapter 241. (3522-2/02,3707- 6/05) (Z) In the CV District, Condominium-Hotels and/or Fractional Interest Hotels are allowed only at the Pacific City(Downtown Specific Plan District 7) and Waterfront(Downtown Specific Plan District 9) sites. Refer to Downtown Specific Plan. (3774-9107 subject to approval by the CA Coastal Commission) Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 8 of 13 07-1163.001/40147 211.06 CO, CG and CV Districts: Development Standards The following schedule prescribes development standards for the CO, CG and CV districts. The first three columns prescribe basic requirements for permitted and conditional uses in each district. Letters in parentheses in the "Additional Requirements" column refer to standards following the schedule or located elsewhere in the zoning ordinance. In calculating the maximum gross floor area as defined in Chapter 203, the floor area ratio is calculated on the basis of net site area. Fractional numbers shall be rounded down to the nearest whole number. All required setbacks shall be measured from ultimate right-of-way and in accordance with definitions set forth in Chapter 203, Definitions. (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 9 of 13 07-1163.001/40147 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) (3707-6/05) Side (ft.) 5 0 0 (F) (3707-6/05) Street Side (ft.) 10 10 0 (E) (3707-6/05) Rear(ft.) 5 0 0 (F) (3707-6/05) Maximum Height of Structures (ft.) 40 50 50 (F)(G) Maximum Wall Dimensions (N) Maximum Floor Area Ratio (FAR) 1.0 1.5 1.5 Minimum Site Landscaping (%) 8 8 8 (H)(I) Building Design Standards (0) Fences and Walls (J)(K) Off-Street Parking/Loading (L) Outdoor Facilities See Section 230.74 (M) (3707-6/05) Screening of Mechanical Equipment See Section 230.76 (M) Refuse Storage Areas See Section 230.78 Underground Utilities See Chapter 17.64 Performance Standards See Section 230.82 Nonconforming Structures See Chapter 236 Signs See Chapter 233 CO, CG, and CV Districts: Additional Development Standards (A) Dwelling units shall be subject to the standards for minimum setbacks, height limits, maximum density, open space, balconies and bay windows, and parking for the RMH District. The setback standards shall apply only to the stories of a building that are intended for residential use. (B) See Section 230.62: Building Site Required and Section 230.64: Development on Substandard Lots. (C) The minimum site area for a hotel or motel is 20,000 square feet. (D) See Section 230.68: Building Projections into Yards and Required Open Space. Double-frontage lots shall provide front yards on each frontage. (E) A minimum 50-foot setback is required along Beach Boulevard, Pacific Coast Highway and Edinger Avenue or 25-foot setback with the setback area entirely landscaped. Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 10 of 13 07-1163.001/40147 (F) Along a side or rear property line abutting an R district, a 10-foot setback is required, and structures within 45 feet of the district boundary shall not exceed 18 feet in height. (G) See Section 230.70: Measurement of Height and Section 230.72: Exceptions to Height Limits. (H) Planting Areas: (1) Required front and street side yards shall be planting areas except properties with 50 foot setback shall provide a minimum 10 foot wide planting area along street frontages. (2) Required side and rear yards shall be planting areas or shall be enclosed by a solid concrete or masonry wall at least 6 feet in height. (3) Hotels and Motels. A 15-foot wide landscaped strip shall be provided along all street frontages, except for necessary driveways and walks. (I) See Chapter 232: Landscape Improvements. (J) See Section 230.88: Fencing and Yards. (K) A solid masonry or concrete wall at least 6 feet in height shall adjoin the site of an existing ground-floor residential use. However, where the portion of the site within 10 feet of the front property line is occupied by planting area or by a building having no openings except openings opposite a street property line,the Director may grant an exception to this requirement. A wall within 15 feet of a street property line shall not exceed 3.5 feet in height. (L) See Chapter 231: Off-Street Parking and Loading. (M) See Section 230.44: Recycling Operations and Section 230.80: Antennae. (N) A front or street side wall surface shall be no longer than 100 feet without a break, a recess or offset measuring at least 20 feet in depth and one-quarter of the building length, or a series of offsets, projections or recesses at intervals of not more than 40 feet that vary the depth of the building wall by a minimum of 4 feet. The Director may grant exceptions or allow these standards to be modified for exceptional or unique structures subject to Design Review, Chapter 244. (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 11 of 13 07-1163.001/40147 2p ft. 20ft. Max.100 ft. �- 100 ft. unbroken wall'' 4 25 ft. or more 1 100f`� Single Horizonal Offsets: 20ft. Max. 100 ft. unbroken wall 2 ft. 20ft. 4017T. Min. 4 ft. recess 25 ft. 25% of wall or more must be varied Variable Offsets: 20 ft. and 4 ft. 211-OFFS MAXIMUM WALL LENGTH AND REQUIRED BREAK (0) Two building design standards are established to make commercial areas more attractive and provide a unified streetscape: (1) In the CV District a 10-foot minimum upper-story setback is required above the second story along street frontages. (3707-6/05) (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 12 of 13 07-1163.001/40147 Required Setback 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 _ _ _ _ _ _ _ _ _ s _ _ _ _ _ 211-FACE.BXT 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: (3622-2/02) A. Zoning Administrator Review. Projects requiring a conditional use permit from the Zoning Administrator; projects on substandard lots; see Chapter 241. B. Design Review Board. Pr-gjeets wi* in r-ede e anent pfejeet afeas and areas- s, ,sSee Chapter 44. C. Plannin$zti Commission. Projects requiring a conditional use permit from the Planning Commission; see Chapter 241. D. Projects in the Coastal Zone. A Coastal Development Permit is required unless the project is exempt; see Chapter 245. Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 13 of 13 07-1163.001/40147 ATTACHMENT # 15 ORDINANCE NO. 3869 LEGISLATIVE DRAFT Cha ter 21%2FI Ind,u trial Districts, (3254-10/94,3378-2/98,3523-2102,3568-9/02, Emergency Ord.3703-3/21/05,3708-6/05,3724-02/06,3788-12107) Sections: 212.02 Industrial Districts Established 212.04 IG and IL Districts: Land Use Controls 212.06 IG and IL Districts: Development Standards 212.08 Review of Plans 212.02 Industrial Districts Established (3254-10/94) Two (2) industrial zoning districts are established by this chapter as follows: (3254-10/94) A. The IG General Industrial District provides sites for the full range of manufacturing, industrial processing, resource and energy production, general service, and distribution. (3254-10/94) B. The IL Limited Industrial District provides sites for moderate-to low-intensity industrial uses, commercial services and light manufacturing. (3254-10/94) 212.04 IG and IL Districts: Land Use Controls (3254-10/94,3788-12/07) In the following schedules, letter designations are used as follows: (3254-10/94) "P" designates use classifications permitted in the I districts. (3254-10/94) "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" which follow. (3254-10/94) "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. (3254-10/94) "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. (3254-10/94) "TU" designates use classifications allowed upon approval of a temporary use permit by the Zoning Administrator. (3254-10/94) "PITY for an accessory use means that the use is permitted on the site of a permitted use, but requires a conditional use permit on the site of a conditional use. (3254-10/94) Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to requirements following the schedule or located elsewhere in this ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. (3254-10/94) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 1 of 12 07-1163.001/40338 LEGISLATIVE DRAFT IG AND IL P - Permitted DISTRICTS: L - Limited (see Additional Provisions) LAND USE PC - Conditional use permit approved by Planning Commission CONTROLS ZA - Conditional use permit approved by Zoning Administrator TU - Temporary Use Permit P/U - Requires conditional use permit on site of conditional use Not Permitted Additional IG IL Provisions Residential Group Residential PC PC (J) Public and Semipublic (A)(M)(3708-6/05,3724-02/06) Community and Human Service Facilities PC PC (L) (3708-6/05,3724-02/06) Day Care, General ZA ZA (3523-2/02) Heliports PC PC (0) Maintenance & Serivice Facilities ZA ZA (3708-6/05) Public Safety Facilities P P Religious Assembly ZA ZA (3724-02/06) Schools, Public or Private L-6 L-6 Utilities, Major PC PC Utilities, Minor L-7 L-7 (P) Commercial Uses (D)(M) Ambulance Services ZA ZA Animal Sales and Services Animal Boarding ZA ZA (3523-2/02) Animal Hospitals ZA ZA (3523-2/02) Artists' Studios P P Banks and Savings and Loans L-1 L-1 Building Materials and Services P P Catering Services - P Commercial Filming ZA ZA Commercial Recreation and Entertainment L-2 L-2 Communication Facilities L-12 L-12 (3568-9/02) Eating &Drinking Establishments L-3 L-3 w/Live Entertainment ZA ZA (S)(U)(3523-2/02) Food&Beverage Sales ZA ZA (3523-2/02) Hospitals and Medical Clinics - PC Laboratories P P Maintenance & Repair Services P P Marine Sales and Services P P Nurseries P P Offices, Business&Professional L-1 L-1 (H) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 2 of 12 07-1163.001/40338 LEGISLATIVE DRAFT IG AND IL P - Permitted DISTRICTS: L - Limited (see Additional Provisions) LAND USE PC - Conditional use permit approved by Planning Commission CONTROLS ZA- Conditional use permit approved by Zoning Administrator TU - Temporary Use Permit P/U - Requires conditional use permit on site of conditional use - Not Permitted Additional IG IL Provisions Personal Enrichment L-9 L-9 (U) (3523-2/02) Personal Services L-1 L-1 Quasi Residential PC PC (K) (3708-6/05) Research& Development Services P P Sex Oriented Businesses L-11 L-11 (3378-2/98) (regulated by HBMC Chapter 5.70) (3378-2/98) Sex Oriented Businesses PC PC (R) (3378-2/98) (regulated by HBMC Chapters 5.24 & 5.60) (3378-2/98) Swap Meets, Indoor/Flea Markets PC PC (Q) Vehicle/Equipment Sales & Services Service Stations L-4 L-4 Vehicle/Equipment Repair P P Vehicle/Equip. Sales/Rentals L-5 L-5 Vehicle Storage P ZA (1) Visitor Accommodations ZA ZA (3708-6/05) Warehouse and Sales Outlets L-8 L-8 Industrial (See Chapter 204) (B)(M)(N) Industry, Custom P P Industry, General P P Industry, Limited P P Industry, R&D P P Wholesaling, Distribution& Storage P P Accessory Uses Accessory Uses and Structures P/U P/U (C) Temporary Uses Commercial Filming, Limited P P (T) (3523-2/02) Real Estate Sales P P (3 523-2/02,3708-6/05) Trade Fairs P P (E) (3708-6105) Nonconforming Uses (F) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 3 of 12 07-1163.001/40338 LEGISLATIVE DRAFT IG AND IL Districts: Additional Provisions L-1 Only allowed upon approval of a conditional use permit by the Zoning Administrator for a mixed use project, subject to the following requirements: (3254-10/94,3708-6/05) Minimum site area: 3 acres (3254-10/94) Maximum commercial space: 35 percent of the gross floor area and 50 percent of the ground floor area of buildings fronting on an arterial highway. (3254-10/94) Phased development: 25 percent of the initial phase must be designed for industrial occupancy. For projects over 500,006 square feet,the initial phase must include 5 percent of the total amount of industrial space or 50,000 square feet of industrial space, whichever is greater. (3254- 10/94) L-2 Allowed upon approval of a conditional use permit by the Zoning Administrator when designed and oriented for principal use by employees of the surrounding industrial development or when designed for general public use, after considering vehicular access and parking requirements. (3254-10/94,3708-6/05) L-3 Allowed upon approval of a conditional use permit by the Zoning Administrator when in a free- standing structure or as a secondary use in a building provided that no more than 20 percent of the floor area is occupied by such a use. (3254-10/94,3523-2/02) L-4 Only stations offering services primarily oriented to businesses located in an I District are allowed with a conditional use permit by the Planning Commission. (3254-10/94) L-5 No new or used automobile,truck or motorcycle retail sales are permitted. (3254-10/94) L-6 Only schools offering higher education curriculums are allowed with conditional use permit approval by the Planning Commission. No day care, elementary or secondary schools are permitted. (3254-10/94) L-7 Recycling Operations as an accessory use are permitted; recycling operations as a primary use are allowed upon approval of a conditional use permit by the Zoning Administrator. (3254-10/94, 3708-6105) L-8 Allowed upon conditional use permit approval by the Planning Commission when a single building with a minimum area of 100,000 square feet is proposed on a site fronting an arterial. The primary tenant shall occupy a minimum 95% of the floor area and the remaining 5%may be occupied by secondary tenants. (3254-10/94) L-9 Permitted if the space is 5,000 square feet or less; allowed by Neighborhood Notification pursuant to Chapter 241 if the space is over 5,000 square feet. (3254-10/94,3523-2/02,3708-6/05) L-10 RESERVED (3254-10/94,3523-2/02,3724-02/06) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 4 of 12 07-1163.001/40338 LEGISLATIVE DRAFT IG AND IL Districts: Additional Provisions(continued) L-11 Allowed subject to the following requirements: (3378-2/98) A. A proposed sex oriented business shall be at least five hundred feet(500') from any residential use, school, park and recreational facility, or any building used for religious assembly (collectively referred to as a "sensitive use") and at least seven hundred fifty feet(750') from another sex oriented business. For purposes of these requirements, all distances shall be measured from the lot line of the proposed sex oriented business to the lot line of the sensitive use or the other sex oriented business. The term "residential use" means any property zoned RL, RM, RMH,RH, RMP, and any properties with equivalent designations under any specific plan. (3378-2/98) To determine such distances the applicant shall submit for review a straight line drawing depicting the distances from the lot line of the parcel of land on which the sex oriented business is proposed which includes all the proposed parking and: (3378-2/98) 1. the lot line of any other sex oriented business within seven hundred fifty feet (750') of the lot line of the proposed sex oriented business; and (3378-2/98) 2. the lot line of any building used for religious assembly, school, or park and recreational facility within five hundred(500') feet of the lot line of the proposed sex oriented business; and (3378-2/98) 3. the lot line of any parcel of land zoned RL, RM, RMH, RH, and RMP and any parcels of land with equivalent designations under any specific plans within five hundred feet (500') of the lot line of the proposed sex oriented business. (3378- 2/98) B. The front facade of the building, including the entrance and signage, shall not be visible from any major, primary or secondary arterial street as designated by the Circulation Element of the General Plan adopted May, 1996, with the exception of Argosy Drive. (3378-2/98) C. Prior to or concurrently with applying for a building permit and/or a certificate of occupancy for the building,the applicant shall submit application for Planning Department Staff Review of a sex oriented business zoning permit with the drawing described in subsection A, a technical site plan, floor plans and building elevations, and application fee. Within ten (10) days of submittal, the Director shall determine if the application is complete. If the application is deemed incomplete, the applicant may resubmit a completed application within ten (10) days. Within thirty days of receipt of a completed application, the Director shall determine if the application complies with the applicable development and performance standards of the Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 5 of 12 07-1163.001/40338 LEGISLATIVE DRAFT IG AND IL Districts: Additional Provisions(continued) Huntington Beach Zoning and Subdivision Ordinance. Said standards include but are not limited to the following: (3378-2/98) 1. Chapter 203, Definitions; Chapter 212, Industrial Districts; Chapter 230, Site Standards; Chapter 231, Off-Street Parking& Loading Provisions; Chapter 232, Landscape Improvements; and Chapter 236,Nonconforming Uses and Structures. (3378-2/98) 2. Chapter 233.08(b), Signs. Signage shall conform to the standards of the Huntington Beach Zoning and Subdivision Ordinance Code except a. that such signs shall contain no suggestive or graphic language, photographs, silhouettes, drawings, statues, monuments, sign shapes or sign projections, or other graphic representations, whether clothed or unclothed, including without limitation representations that depict "specified anatomical areas" or "specified sexual activities"; and(3378- 2/98) b. only the smallest of the signs permitted under Chapter 233.08(b) shall be visible from any major,primary or secondary arterial street, such streets shall be those designated in the Circulation Element of the General Plan adopted May, 1996, with the exception of Argosy Drive. 3. Compliance with Huntington Beach Municipal Code Chapter 5.70. (3378-2/98) D. The Director shall grant or deny the application for a sex oriented business zoning permit for a sex oriented business. There shall be no administrative appeal from the granting or denial of a permit application thereby permitting the applicant to obtain prompt judicial review. (3378-2/98) E. Ten(10) working days prior to submittal of an application for a sex oriented business zoning permit for Staff Review,the applicant shall: (i) cause notice of the application to be printed in a newspaper of general circulation; and (ii) give mailed notice of the application to property owners within one thousand (1000') feet of the proposed location of the sex oriented business; and the City of Huntington Beach, Department of Community Development by first class mail. (3378-2/98) The notice of application shall include the following: (3378-2/98) 1. Name of applicant; (3378-2/98) 2. Location of proposed sex oriented business, including street address (if known) and/or lot and tract number; (3378-2/98) 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) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 6 of 12 07-1163.001/40338 LEGISLATIVE DRAFT Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 7 of 12 07-1163.001/40338 LEGISLATIVE DRAFT IG AND IL Districts: Additional Provisions(continued) 5. The date by which any comments must be received in writing by the Department of Community Development. This date shall be ten (10) working days from staff review submittal; and (3378-2/98) 6. The address of the Department of Community Development. (3378-2/98) F. A sex oriented business may not apply for a variance pursuant to Chapter 241 nor a special sign permit pursuant to Chapter 233. (3378-2/98) G. A sex oriented business zoning permit shall become null and void one year after its date of approval unless: (3378-2/98) 1. Construction has commenced or a Certificate of Occupancy has been issued, whichever comes first; or (3378-2/98) 2. The use is established. (3378-2/98) H. The validity of a sex oriented business zoning permit shall not be affected by changes in ownership or proprietorship provided that the new owner or proprietor promptly notifies the Director of the transfer. (3378-2/98) I. A sex oriented business zoning permit shall lapse if the exercise of rights granted by it is discontinued for 12 consecutive months. (3378-2/98) L-12 For wireless communication facilities see section 230.96 Wireless Communication Facilities. All other communication facilities permitted. (3568-9/02) (A) Repealed. (3254-10/94,3708-6/05) (B) A conditional use permit from the Zoning Administrator is required for any new use or enlargement of an existing use, or exterior alterations and additions for an existing use located within 150 feet of an R district. The Director may waive this requirement if there is no substantial change in the character of the use which would affect adjacent residential property in an R District. (3254-10/94) (C) Accessory office uses incidental to a primary industrial use are limited to 10 percent of the floor area of the primary industrial use. (3254-10/94) (D) Adjunct office and commercial space, not to exceed 25 percent of the floor area of the primary industrial use, is allowed with a conditional use permit from the Zoning Administrator, provided that it is intended primarily to serve employees of the industrial use, no exterior signs advertise the adjunct use,the adjunct use is physically separated from the primary industrial use, any retail sales are limited to goods manufactured on-site, and the primary industrial fronts on an arterial. (3254-10/94) (E) See Section 241.22: Temporary Use Permits. (3254-10/94) (F) See Chapter 236: Nonconforming Uses and Structures. (3254-10/94) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 8 of 12 07-1163.001/40338 LEGISLATIVE DRAFT IG AND IL Districts: Additional Provisions(continued) (H) Medical/dental offices, insurance brokerage offices, and real estate brokerage offices, except for on-site leasing offices, are not permitted in any I District. (3254-10/94) Administrative, management, regional or headquarters offices for any permitted industrial use, which are not intended to serve the public, require a conditional use permit from the Zoning Administrator to occupy more than 10 percent of the total amount of space on the site of the industrial use. (3254-10/94) (I) Automobile dismantling, storage and/or impound yards may be permitted subject to the approval of a conditional use permit by the Planning Commission and the following criteria: (3254-10/94) (a) The site shall not be located within 660 feet of an R district. (3254-10/94) (b) All special metal cutting and compacting equipment shall be completely screened from View. (3254-10/94) (c) Storage yards shall be enclosed by a solid 6-inch concrete block or masonry wall not less than 6 feet in height and set back a minimum 10 feet from abutting streets with the entire setback area permanently landscaped and maintained. (3254-10/94) (d) Items stacked in the storage yard shall not exceed the height of the screening walls or be visible from adjacent public streets. (3254-10/94) (J) Limited to facilities serving workers employed on-site. (3254-10/94) (K) Limited to: Single Room Occupancy uses (See Section 230.46). (3254-10/94,3708-6/05) (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) (N) Major outdoor operations require conditional use permit approval by the Planning Commission. Major outside operations include storage yards and uses utilizing more than 1/3 of the site for outdoor operation. (3254-10/94) (0) See Section 230.40: Helicopter Takeoff and Landing Areas. (3254-10/94) (P) See Section 230.44: Recycling Operations. (3254-10/94) (Q) See Section 230.50: Indoor Swap Meets/Flea Markets (3254-10/94) (R) See L-I I(A)relating to locational restrictions. (3254-10/94,3378-2/98) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 9 of 12 07-1163.001/40338 LEGISLATIVE DRAFT IG AND IL Districts: Additional Provisions(continued) (S) Non-amplified live entertainment greater than 300 feet from a residential zone or use shall be permitted without a conditional use permit. (3523-2/02) (T) Subject to approval by the Police Department, Public Works Department, and Fire Department and the Planning Director. (3523-2/02) (U) Neighborhood notification requirements when no entitlement required pursuant to Chapter 241. (3523-2/02,3708-6/05) 212.06 IG AND IL Districts: Development Standards The following schedule prescribes development standards for the I Districts. The first two columns prescribe basic requirements for permitted and conditional uses in each district. Letters in parentheses in the "Additional Requirements" column reference requirements following the schedule or located elsewhere in this ordinance. In calculating the maximum gross floor area as defined in Chapter 203,the floor area ratio is calculated on the basis of net site area. Fractional numbers shall be rounded down to the nearest whole number. All required setbacks shall be measured from ultimate right-of-way and in accordance with definitions set forth in Chapter 203, Definitions. (3254-10/94) Additional IG IL Requirements Residential Development (M) Nonresidential Development Minimum Lot Area(sq. ft.) 20,000 20,000 (A)(B) (3708-06/05) Minimum Lot Width(ft.) 100 100 (A)(B) Minimum Setbacks (A)(C) Front(ft.) 10;20 10;20 (D) Side (ft.) 0 15 (E)(F)(3708-06/05) Street Side (ft.) 10 10 Rear(ft.) 0 0 (E) (3708-06/05) Maximum Height of Structures (ft.) 40 40 (G) Maximum Floor Area Ratio (FAR) 0.75 0.75 Minimum Site Landscaping (%) 8 8 (H)(I) Additional IG IL Requirements Fences and Walls See Section 230.88 Off-Street Parking and Loading See Chapter 231 M Outdoor Facilities See Section 230.74 Screening of Mechanical Equipment See Section 230.76 (K) Refuse Storage Area See Section 230.78 Underground Utilities See Chapter 17.64 Performance Standards See Section 230.82 (L) Nonconforming Uses and Structures See Chapter 236 Signs See Chapter 233 Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 10 of 12 07-1163.001/40338 LEGISLATIVE DRAFT IG AND IL Districts: Additional Development Standards (A) See Section 230.62: Building Site Required and Section 230.64: Development on Substandard Lots. (3254-10/94) (B) Smaller lot dimensions for new parcels may be permitted by the Zoning Administrator with an approved development plan and tentative subdivision map. (3254-10/94) (C) See Section 230.68: Building Projections into Yards and Required Open Space. Double- frontage lots shall provide front yards on each frontage. (3254-10/94) (D) The minimum front setback shall 10 feet and the average setback 20 feet, except for parcels fronting on local streets where only a 10 foot setback is required. (3254-10/94) All I Districts: An additional setback is required for buildings exceeding 25 feet in height(1 foot for each foot of height) and for buildings exceeding 150 feet in length(1 foot for each 10 feet of building length) up to a maximum setback of 30 feet. (3254-10/94) (E) In all I districts, a 15-foot setback is required abutting an R district and no openings in buildings within 45 feet of an R district. (3254-10/94) (F) A zero-side yard setback may be permitted in the I districts, but not abutting an R district, provided that a solid wall at the property line is constructed of maintenance-free masonry material and the opposite side yard is a minimum of 30 feet. (3254-10194) Exception. The Zoning Administrator or Planning Commission may approve a conditional use permit to allow a 15-foot interior side yards opposite a zero-side yard on one lot, if an abutting side yard at least 15 feet wide is provided and access easements are recorded ensuring a minimum 30-foot separation between buildings. This 30-foot accessway must be maintained free of obstructions and open to the sky, and no opening for truck loading or unloading shall be permitted in the building face fronting on the accessway unless a 45-foot long striped areas is provided solely for loading and unloading entirely within the building. (3254-10/94) (G) See Section 230.70: Measurement of Height. Within 45 feet of an R district, no building or structure shall exceed a height of 18 feet. (3254-10/94) (H) Planting Areas. Required front and street-side yards adjacent to a public right-of-way shall be planting areas except for necessary drives and walks. A 6-foot wide planting area shall be provided adjacent to an R district and contain one tree for each 25 lineal feet of planting area. (3254-10/94) (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) (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 Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 11 of 12 07-1163.001/40338 LEGISLATIVE DRAFT 8.40 of the Municipal Code. The Director may waive this requirement for change of use or addition or exterior alteration to an existing use if it can be established that there had been no previous noise offense, that no outside activities will take place, or if adequate noise mitigation measures for the development are provided. (3254-10/94) (M) Group residential or accessory residential uses shall be subject to standards for minimum setbacks and height of the RH District. (3254-10/94) 212.08 Review of Plans All applications for new construction and exterior alterations and additions shall be submitted to the Planning Department for review. Discretionary review shall be required as follows: (3254-10/94,3708-6/05) 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. Pfejeets withinr deve ,,pmei+pfojeet areas rd-afeas withii.i. 500 feet f a nc distfiet-, See Chapter 244. (3254-10194) C. Planning Commission. Projects requiring a conditional use permit from the Commission. (3254-10/94) D. Projects in the Coastal Zone. A Coastal Development Permit is required unless the project is exempt; see Chapter 245. (3254-10/94) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 12 of 12 07-1163.001/40338 ATTACHMENT # 16 ORDINANCE NO. 3870 LEGISLATIVE DRAFT Csha ter 213 ®S_O en Sace,�l)istrict (3334-6197,3568-9/02) Sections: 213.02 Open Space District Established 213.04 Applicability 213.06 OS District: Land Use Controls 213.08 OS District: Development Standards 213.10 Review of Plans 213.02 Open Space District Established An Open Space District is established by this Chapter. This district provides areas for public or private use and areas for preservation and enhancement. Three subdistricts have been identified. (3334-6/97) Subdistricts of the OS District include: A. OS-PR Open Space - Parks and Recreation Subdistrict. D. OS-S Open Space - Shoreline. C. OS-WR Open Space - Water Recreation Subdistrict. (3334-6/97) 213.04 Applicability The OS district shall be the base district for the use classifications listed in Section 213.06 where these classifications have a minimum contiguous site area of 2 acres, including alleys, streets or other rights-of-way. Open-space use classifications on sites of less than 2 acres shall be subject to the provisions of the base and overlay districts in which they are located. 213.06 OS District: Land Use Controls In the following schedule, letter designations are used as follows: "P" designates use classifications permitted in the OS district. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" which follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. Huntington Beach Zoning and Subdivision Ordinance Chapter 213 213-1 9/02 07-1163.001/40339 "TU" designate use classifications permitted on approval of a temporary use permit. "P/U" for an accessory use means that the use is permitted on the site of a permitted use, but requires a use permit on the site of a conditional use. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the Zoning Ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. OS DISTRICT P = Permitted LAND USE CONTROLS L = Limited (see Additional Provisions) PC = Conditional use permit approved by Planning Commission ZA = Conditional use permit approved by Zoning Administrator TU = Temporary Use Permit P/U = Requires conditional use permit on site of conditional use = Not Permitted OS-PR OS-S OS-WR Additional Provisions Public and Semipublic I (F) Marinas - - PC Park&Recreation Facilities PC PC - Public Safety Facilities - PC - Utilities, Major - - - Utilities, Minor ZA - ZA Commercial Uses (F) Animal Sales and Services Equestrian Centers PC - - (E) Commercial Recreation and Entertainment PC - - Communication Facilities L-4 (3568-9/02) Eating&Drinking Establishments L1 L1 - With Take-Out Service, Limited L1 L3 - Vehicle/Equipment Sales and Services - Commercial Parking Facility L2 L2 - Accessory Uses (A)(D) Accessory Uses and Structures P/U P/U P/U Temporary Uses (B) Animal Shows TU - - Circuses and Carnivals TU - - Commercial Filming TU TU TU Nonconforming Uses (C) (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 213 213-2 9/02 07-1163.001/40339 OS District: Additional Provisions L1 Allowed with a conditional use permit approval by the Zoning Administrator only as an ancillary use that is compatible with and part of a park or recreational facility. Only in the coastal zone overlay district, in public parks in both the Parks and Recreation and the Shoreline Subdistricts, only the following type of eating and drinking establishment shall be permitted: (3334-6/97) (a) Take-out service establishments where patrons order and pay for their food at a counter or window before it is consumed and may either pick up or be served such food at a table or take it off-site for consumption; and persons are not served in vehicles. (3334-6/97) L2 Public parking is permitted, but commercial parking facilities on City-owned land require a conditional use permit approval by the Planning Commission. Recreational vehicle overnight parking is limited to 10 percent of available public parking. No encroachment onto sandy beach area shall be permitted. (3334-6/97) L3 Beach concession stands for sale of refreshments and sundries (not to exceed 2,500 square feet)must be located a minimum 1,000 feet apart. Beach concession structures shall be located within or immediately adjacent to paved parking or access areas. (3334-6/97) L-4 Only wireless communication facilities permitted subject to Section 230.96 Wireless Communication Facilities. (3568-9/02) (A) Limited to facilities incidental to an open space use. (B) See Section 241.22: Temporary Use Permits. (C) See Chapter 236: Nonconforming Uses and Structures. (D) Private cantilevered decks abutting residential uses; private boat ramps, slips, docks, windscreen and boat hoists in conjunction with adjacent single family dwellings. See Residential Districts and Chapter 17.24. (E) See Section 230.48: Equestrian Centers. (F) The permitted uses for recreation areas on the Huntington Beach mesa shall be limited to low-intensity uses including picnic grounds, arboretums,bird sanctuaries,trails. High- intensity uses such as tennis courts, athletic fields, stables, campgrounds or other commercial or recreation uses shall be conditional only, and shall be located in nodes adjacent to existing developed areas or roads and shall avoid adverse impacts on environmentally sensitive habitats. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 213 213-3 9/02 07-1163.001/40339 213.08 OS District: Development Standards The following schedule prescribes development standards for the OS-PR, OS-S and OS-WR subdistricts. The first three columns prescribe basic requirements for permitted and conditional uses in each subdistrict. Letters in parentheses in the "Additional Requirements" column refer to standards following the schedule or located elsewhere in the zoning ordinance. All required setbacks shall be measured from ultimate right-of-way and in accordance with definitions set forth in Chapter 203, Definitions. (3334-6/97) OS-PR, OS-S and OS-WR DISTRICTS DEVELOPMENTSTANDARDS OS-PR OS-S OS-WR Additional Requirements Nonresidential Development Minimum Lot Area(sq. ft.) 5 ac - - Minimum Lot Width (ft.) 100 - - Minimum Setbacks Front(ft.) - 25 50 - Side (ft.) - 25 - - Street Side (ft.) - 25 - Rear (ft.) - 25 20 - Maximum Height of Structures (ft.) 45 20 - (A)(E) Maximum Lot Coverage (%) 25 - - Minimum Site Landscaping See Chapter 232 (B)(F) Building Design (A)(C) Fences and Walls See Section 230.88 Off-Street Parking/Loading See Chapter 231 Outdoor Facilities See Section 230.74 Screening of Mechanical Equipment See Section 230.76 Refuse Storage Areas See Section 230.78 Underground Utilities See Chapter 17.64 (D) Performance Standards See Section 230.82 Nonconforming Structures See Chapter 236 Signs See Chapter 233 (3334-6/97) OS District: Additional Development Standards (A) All development shall be compatible with the established physical scale of the area and shall not encroach on major view corridors. Public visual resources within the coastal zone shall be preserved and enhanced. Maximum height limit for development within the coastal zone in the Open Space Recreation Subdistrict shall be 35 feet. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 213 213-4 6/97 07-1163.001/40339 (B) To the extent feasible, mature trees, shall be protected. Development shall assure maximum protection of native vegetation and sensitive wildlife habitats. (3334-6/97) (C) All buildings and structures shall be sited and designed to assure stability and structural integrity for their expected economic life span and to minimize alterations to natural landforms. (D) Underground utilities shall be provided unless underground installation would have a substantial adverse impact on the environment. (E) Facilities necessary for public safety may exceed maximum height. (F) All setback areas along street frontages in OS-PR shall be fully landscaped. 213.10 Review of Plans All applications for new construction and exterior alterations and additions shall be submitted to the r w.mtmity Dever p„-.or+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. B. Design Review Board. Pr-ejeets withift--edevelepmefi+Pfojeet afeas, OS AD and OS S a + + and afeas within500 feet f a PS dirt ..+• See Chapter 244. C. Planning Commission. Projects requiring a conditional use permit from the Commission. D. Projects in the Coastal Zone. A Coastal Development ppermit is required unless the project is exempt; see Chapter 245. Huntington Beach Zoning and Subdivision Ordinance Chapter 213 213-5 6/97 07-1163.001/40339 ATTACHMENT # 17 ORDINANCE NO. 3871 LEGISLATIVE DRAFT Chapter 214 cem>pub►l�c'�>'st= >lct £� ti J ., . (3334-6/97,3524-2/02,3553-5/02,3568-9/02,3673-12/04) 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 Page 1 of 5 07-1163.001/40340 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 P (3673-12/04) Nonconforming Uses (B) Huntington Beach Zoning and Subdivision Ordinance Chapter 214 Page 2 of 5 07-1163.001/40340 PS District: Additional Provisions L-1 City-owned facilities are permitted; all other facilities require a conditional use permit from the Zoning Administrator. (3673-12/04) 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 Zoning Administrator. (3673-12/04) 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. (B) See Chapter 236:Nonconforming Uses and Structures. 214.08 PS District: Development Standards The following schedule prescribes development standards for the PS district. The first column prescribes basic requirements for permitted and conditional uses in the district. Letters in parentheses in the "Additional Requirements" column refer to standards following the schedule or located elsewhere in the zoning ordinance. In calculating the maximum gross floor area as defined in Chapter 203,the floor area ratio is calculated on the basis of net site area. Fractional numbers shall be rounded down to the nearest whole number. All required setbacks shall be measured from ultimate right-of-way and in accordance with definitions set forth in Chapter 203 Definitions. (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 214 Page 3 of 5 07-1163.001/40340 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) (3673-12/04) Street Side (ft.) 10 (C) Rear(ft.) 0 (D) (3673-12/04) 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 (L)(M) Fences and Walls (H)(I) Off-Street Parking/Loading (J) Outdoor Facilities See Section 230.74 (K) Screening of Mechanical Equipment See Section 230.76 (K) Refuse Storage Areas See Section 230.78 Underground Utilities See Chapter 17.64 Performance Standards See Section 230.82 Nonconforming Structures See Chapter 236 Signs See Chapter 233 PS District: Additional Development Standards (A) See Section 230.62: Building Site Required. (B) See Section 230.68: Building Projections into Yards and Required Open Space. Double- frontage lots shall provide front yards on each frontage. (C) A minimum 50-foot setback is required along Beach Boulevard, Edinger Avenue, and Pacific Coast Highway or 25 foot setback with the setback area entirely landscaped. (D) Along a side or rear property line abutting an R district, a 10-foot setback is required, and structures within 45 feet of the district boundary shall not exceed 18 feet in height. (E) See Section 230.70: Measurement of Height and Section 230.72: Exceptions to Height Limits. Huntington Beach Zoning and Subdivision Ordinance Chapter 214 Page 4 of 5 07-1163.001/40340 (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. (1) 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 Planning Department for review. Discretionary review shall be required for projects requiring conditional use ermits. Design Review shall be required for all projects except temporary uses pursuant to Chapter 244. 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 Page 5 of 5 07-1163.001/40340 ATTACHMENT # 18 ORDINANCE NO. 3872 LEGISLATIVE DRAFT Chapter 233 gns (3334-6/97,3360-12/97,3527-2/02,3711-06/05,3826-4/09) 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 or otherwise provided by this Code. A building permit application for a new sign or change in sign panel/face shall be approved by the Planning Department prior to installation and issuance of a building permit by the Building and Safety Department. (3360-12/97,3527-2/02,3826-4/09) 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) 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) Huntington Beach Zoning and Subdivision Ordinance Chapter 233 Page 1 of 25 07-1163.001/40377 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, 3360-12/97,3826-4/09) B. Planned Sign Proms. Review and approval of a Planned Sign Program pursuant to Section 233.20 is required for a sign permit for the following requests: (3334-6/97, 3826-4109) 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 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- 2/02,3711-6/05) 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) 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. (3527-2102) The Design Review Board shall review and render a recommendation to the Director for sign code exception requests of more than 20% in sign height or sign area supergraphics,three-dimensional signs, and relief from the strict application of Huntington Beach Zoning and Subdivision Ordinance Chapter 233 Page 2 of 25 07-1163.001/40377 Section 233.06. Neighborhood Notification required pursuant to Chapter 241. The following findings shall be made prior to approval of any sign code exception: (3334-6/97,3360-12/97,3527-2102,3711-06/05) 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 an Illegal Sign or a Prohibited Sign listed 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 pursuant to Section 233.04(A)prior to installation of the new sign panel/face. (3334-6/97,3360-12/97,3826-4/09) 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- 6197) 4. The sign will be in keeping with the character of the surrounding area. (3334-6/97) 5. The sign will not obstruct vehicular or pedestrian traffic visibility and will not be a hazardous distraction. (3334-6/97) E. Design Review Board. 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 issuance of a permit by the Planning and/or Building & Safety Departments for the following: (3360-12/97,3527-2102,3826-4/09) 1. Electronic Readerboard Signs. (3360-12197,3527-2/02) 2. Signs on properties within the following areas: (3360-12/97,3527-2/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 233 Page 3 of 25 07-1163.001/40377 ba. Areas subject to specific plans which do not include specific guidelines for signs; (3360-12/97,3527-2/02,3826-4/09) eb. OS-PR(Open Space-Parks and Recreation) and OS-S (Open Space- Shoreline districts); and (3360-12/97,3711-06/05) de. Any other area designated by the City Council. (3360-12/97,3711-06/05, 3826-4/09) 3. DRB review or approval shall not be required for signs in ' Redevelopment Agency project areas. 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 signs that comply with Section 233.18 are permitted up to a maximum of 90 days per calendar year. (3360-12/97,3826-4/09) 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 slgnage. (3334-6/97,3360-12/97) The City 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. (3334-6/97,3826-4/09) Huntington Beach Zoning and Subdivision Ordinance Chapter 233 Page 4 of 25 07-1163.001/40377 A. COMMERCIAL DISTRICTS 1. FREESTANDING SIGNS ON ADAMS AVE.,BEACH BLVD.,BROOKHURST ST., EDINGER AVE.,GOLDENWEST ST.AND WARNER AVE. MAXIMUM r F < NUMBER OF MAXIMUM' MAXIMUM ' L0T FRONTAGE., SIGNS, SIGN HEIGHT SIGNARIEA 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. 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 Comer 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 F 200 sq.ft. 2. FREESTANDING SIGNS ON ALL OTHER ARTERIALS NOT LISTED ABOVE AXIMUM:. NUMBER©F MAXIMUM' MAXIMUM I OTr.FRONTAGE. , ,: ,. . SIGNS: SIGN-HEIGHT SIGN;AREA a. Interior lots with less than One 7 ft. 50 sq.ft. 400 feet of street frontage +1 ft.for Bonus +10 sq.ft.for Bonus b. Corner lots with the greatest One per street 7 ft. 30 sq.ft. street frontage less than 400 feet +1 ft.for Bonus +10 sq.ft.for Bonus c. Interior lots with min.400 feet of One primary(P) 15 ft.(P) 70 sq.ft.(P) frontage AND Corner lots with and two secondary(S) +0.5 ft.for Bonus + 10 ft.for Bonus min.400 feet on one street frontage signs per street 7 ft.(S) 30 sq.ft.(S) 1. Bonus signs(B)shall have an opaque background,internal illumination for items of information only. 2. Multi-tenant panels are permitted provided the panels are minimum 10 inches in height,with a minimum 6 inch letter height. They shall be restricted to one uniform background color and two colors for the sign copy,with the exception that the Center Identification may have a separate background color. Sign copies shall be limited to the company name or one generic item of information. Major tenant identification shall be encouraged by being placed on the largest panel. 3. Secondary signs(S)are in addition to the Primary(P)sign. Secondary sign copy shall be limited to business identification only. 4. Street addresses shall be included on all freestanding signs with minimum six(6)inch numerals. OTHER LOCATIONAL CRITERIA FOR FREESTANDING COMMERCIAL SIGNS 1. No business shall have more than one freestanding sign facing each frontage. 2. Freestanding signs on the same site shall be located a minimum of 150 feet apart unless approved by a planned sign program. 3. A freestanding sign shall not be permitted in an area between the building and right-of-way when that portion of the building is located at the minimum setback. 4. Signs shall be located in a landscape planter a minimum of 2 feet wider than the sign itself. Square poles or other architectural treatment shall be required,except if the sign is 8 feet or less in height,it shall be of monument type, with a minimum 2 foot base. Placement shall conform with Diagram A. 5. No freestanding sign shall be located along a local street. (Balance of page intentionally left blank) Huntington Beach Zoning and Subdivision Ordinance Chapter 233 Page 5 of 25 07-1163.001/40377 A. COMMERCIAL DISTRICTS (CONTINUED) 3. WALL SIGNS �0 Ai wiiMAX MAXIMUM r S0TI E CRITERIAI YPEs_ ;NUMBER: SIGNAREA j 4 OTHER STANDARDS Individual Business wall One per street or 1.5 sq.ft per linear 1. Channel letter signs required on all sites Identification parking lot ft.of business consisting of 5 or more uses. frontage for each frontage. separate business 2. Signs over 50 sq.ft.shall have an opaque on the ground Business<50,000 background and internal illumination for floor sq.ft.Max.total= items of information only or shall be of 200 sq.ft.* channel letter design. Signs for second floor businesses Business 50,000+ 3. Multi-business consolidated wall signs with exterior sg.ft.No Max.* shall be permitted provided the signs do access may be not exceed the allowable sign area. permitted by *No sign shall Planned Sign exceed 200 sq.ft. 4. Placement shall conform to Diagram B. Program or 1.5 sq.ft.per linear ft.of the wall 5. One nameplate may be placed at each upon which it is door,loading dock,or other entrance placed. facing a public street;max.6 sq.ft. Channel letter signs: 6. Signs on projecting canopies/awnings 15%bonus after shall be considered wall signs. above calculation. 7. Raceways shall only be permitted when unable to place electrical components within wall/parapet. under One per business 8 sq.ft. 1. Canopy signs shall be attached canopy perpendicular to the building face, centered above the store entrance or lease length. 2. Minimum 8 ft.ground clearance. 3. Signs shall not be illuminated. 4 CHANGEABLE COPY SIGNS �' MAXIMUM MAXIMUM MAXIMUM SIYTE"CRITERI TYPE NUMBER, SIGNAREA HEIGHT `(?TAER`STANDA`RDS Hotel with Vs One per site 30%of See A.1. To be combined with Convention allowable Fs Freestanding permitted sign. Facility 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 Si ns 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- 32 sq.ft. 7 ft. May be in addition to wall thru lane (3826-4/09) permitted sign. Electronic Readerboards (See Sections 233.12 and 233.14 for specifications) Huntington Beach Zoning and Subdivision Ordinance Chapter 233 Page 6 of 25 07-1163.001/40377 B. INDUSTRIAL DISTRICTS 1. FREESTANDING SIGNS MUMS,b . MAXIMUMMAXJMUMW , SIGN 5 b� SITE CRITERIA NUMBER,. OTHER;STANDARDS ��,SI�N,AREAt .>, HEIGH'T� 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 One per street Under 1 acre: 10 ft. 1.Multi-tenant panels are permitted Businesses with frontage 32 sq.ft. provided the panels are minimum Frontages on Gothard 10 inches in height with minimum 6 inch Street Industrial centers high letters. They shall be restricted to over 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. 2. WALL SIGNS MAXIMUM �y ,,MAXIlVIUMmw MAxrMUIYI SIGN ASITE CRITEMA NUMBER ;SIGN AREA,.. HEIGHT 0 AER,STANDARIDS .....,',, 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 6nly be permitted Max. 100 sq.ft.per when unable to place electrical business for all wall components within wall/parapet. signs. Huntington Beach Zoning and Subdivision Ordinance Chapter 233 Page 7 of 25 07-1163.001/40377 C. RESIDENTIAL MaXI1vIU1vI fi . SITE 1VIAXIMUM MAXIMUM= SIGNS, CRITERIA TYPE x :.;NUMBER.. .'n SIGNARI A �.HEIGHT {` GTIiEIZSTANDARI>S Neighborhood Us 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 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- frontage of unit available,and source of family information. Developments D. CHURCHES, AND SCHOOLS, AND COMMERCIAL RECREATIONAL USES WITHIN PUBLIC PARKS MAXi1VIUM y <: -OJL � MAXIMUM" MAXIMUM SIGN y '� Syr CRITERYA TYjPE,, ,..:: NUMBER SIGN AREA NEIGH=T . 69®TH W$*ANDARUS, 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 f/s 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 32 sq.ft. sign. (3826-4/09) Huntington Beach Zoning and Subdivision Ordinance Chapter 233 Page 8 of 25 07-1163.001/40377 E. SERVICE STATIONS k. A Mt7kX MUM k f SITE T� , Al" CRITERIA''' TYPE .. 'NUMBER SIGN AREA'; HEIG)EIT, QTHER 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 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 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 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. Huntington Beach Zoning and Subdivision Ordinance Chapter 233 Page 9 of 25 07-1163.001/40377 E. SERVICE STATIONS (CONTINUED) F MAXIMUM .. �P ` SITE s MAXIMUM a MAXIMUMIGN a CRITERIA TYPE NUMBER, ASIGN;;AREA HEIGHT OTHER STANDART)S , 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 MAXIMIM� SITE MAXIMUM MAXIMUM SIGN"`" CRITERIA T.YP,E , ;,NUIKBER SIGN<AREA' H,> IGHI .OTHER STAND RDS 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 Repealed:(3826-4/09) 233.08 Exempt Signs The following signs are exempt from the sign permit requirements of Section 233.04. These signs shall not be restricted by content and no fee, permit or application is required: (3334-6/97, 3826-4/09) A. Cornerstones (including names of buildings and dates of erection), and citations that are made an integral part of the structure. (3334-6/97,3826-4/09) B. Signs not exceeding 0.5 square feet each posted by commercial establishments. (3334-6/97,3826-4/09) C. Flags posted by any governmental agency. (3334-6/97,3826-4/09) D. Signs posted by neighborhood safety organizations. (3334-6/97,3826-4109) E. Notices posted by a utility or other quasi-public agent in the performance of a public duty. (3334-6/97,3826-4/09) F. Signs or notices posted by any court, public body or officer. (3334-6/97,3826-4/09) G. Signs posted by property owners on private property, as required by law(including no trespass and legal notices). (3334-6/97,3826-4/09) Huntington Beach Zoning and Subdivision Ordinance Chapter 233 Page 10 of 25 07-1163.001/40377 H. One sign, not over six (6) square feet in area, may be posted at each door, loading dock, or other entrance facing a public street. (3334-6/97,3826-4/09) I. One double-faced sign per each commercial parking entrance, not exceeding two (2) square feet in area and four(4) feet in height. (3334-6/97,3826-4/09) J. Signs erected by a public agency. (3334-6/97,3826-4/09) K. Signs manufactured as a standard, integral part of a mass-produced product accessory or display structure including telephone booths, vending machines, automated teller machines, and gasoline pumps. (3334-6/97,3826-4/09) L. 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. (3334-6/97,3360-12/97,3826-4/09) M. Signs required by the Americans with Disabilities Act(ADA). (3360-12/97,3826-4/09) N. Two (2) signs (including, but not limited to, street numerals and"no solicitation" notices), not exceeding two (2) square feet each, placed on any part of a building facing a public street. (3334-6/97,3826-4/09) O. Temporary signs. In any residential zone, the owner of a lot shall be allowed to post temporary signage on the lot itself, but not off-site in street medians, dividers, and other public rights-of-way. This signage shall not be restricted by content, but is usually and customarily used to advertise real estate sales, political or ideological positions, garage sales, and home construction or remodeling, etc. Signage shall be allowed for each lot as follows: (3334-6/97,3826-4/09) �T {3as-eras} SITE��� TYPE s IYIAXIMUM AIMUM YPEMAXIMM CRITERIA71x, NUMBERSIGN AREA SIGN OTHER STEINDARDS , H32 EIGHT Election Signs or F/S One per N/A N/A 1. Cannot create traffic or safety hazards. Political Sims or site Wall 2. May be erected no more than seventy five (75)days prior to an election and must be removed within fifteen(15)days after an election. 3826-4/09 Real Estate Residential F/S One per 8 sq.ft. 6 ft. 1. Cannot create traffic or safety hazards. or site Wall 2. May be erected no earlier than the date the property is placed on the market for sale, lease or rental,and is removed immediately after the sale,lease,or rental of the property which is defined as the close of escrow or execution of lease or rental agreement. 3. No sign may be attached to the perimeter walls of residential communities. 3826-4/09 Huntington Beach Zoning and Subdivision Ordinance Chapter 233 Page 11 of 25 07-1163.001/40377 Real Estate F/S 1 per site 20 sq.ft. 10 ft. 1.Cannot create traffic or safety hazards. or Commercial Wall 12 ft. 2. May be erected no earlier than the date the Office Dist. property is placed on the market for sale, lease or rental,and is removed immediately after the sale,lease,or rental of the property which is defined as the close of escrow or execution of lease or rental agreement. (3826-4/09) Real Estate F/S 1 per site 30 sq.ft. 12 ft. 1.Cannot create traffic or safety hazards. or Commercial Wall 2. May be erected no earlier than the date the Industrial property is placed on the market for sale, lease or rental,and is removed immediately after the sale,lease,or rental of the property which is defined as the close of escrow or execution of lease or rental agreement. 3826-4/09 Real Estate F/S 1 per site 20 sq.ft. 10 ft. 1.Cannot create traffic or safety hazards. or All other Wall 2. May be erected no earlier than the date Districts the property is placed on the market for sale, lease or rental,and is removed immediately after the sale,lease,or rental of the property which is defined as the close of escrow or execution of lease or rental agreement. 3.Signs shall not be attached to the perimeter walls of residential communities. 3826-4/09 Construction F/S 1 per site 32 sq.ft. None 1. Is erected no earlier than the date a Signs or building permit is issued for the property, Wall and is removed prior to issuance of a certificate of occupancy or final inspection, whichever comes first. (3826-4/09) Open House F/S 1 per site 6 sq.ft. 4 ft. 1. Sign must be displayed adjacent to the Signs or entrance of a property or in the case of a Wall residential subdivision at the immediate points of access to the property from an arterial,and is removed by sunset on any day it is erected. 2. Placement shall not be in street medians, dividers,on street signs,traffic control devices and shall not obstruct the public right-of-way. 3826-4/09 Open House Flags 3 per site 2.5 sq.ft. 6 ft. 1. Must be displayed at the immediate points Simon of access to a property or,in the case of a residential subdivision,from the immediate point of access from an arterial. 3826-4109 Pennants 30 sq.ft. 1. Must be placed on light standards located on private property. 2. Must have an eight(8)foot clearance from the ground. 3. Must be removed within five(5)business days of the completion of the City-sponsored event or theme. (3826-4/09) Huntington Beach Zoning and Subdivision Ordinance Chapter 233 Page 12 of 25 07-1163.001/40377 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). (3334-6/97,3360-12/97) B. Mobile, A-frame, and portable signs and those of a similar nature which are not permanently attached to the ground or building except as provided in Sections 233.18 or 233.20. (3334-6/97) C. Roof signs except those permitted under Section 233.18(4). (3334-6/97,3826-4/09) 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 as permitted pursuant to Sections 233.14 (Readerboard Signs-Multiple Users) and 233.16 (Subdivision Directional Signs). (3334-6/97,3826-4/09) 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. (3334-6/97,3360-12197) M. Signs located on public property, including signs affixed to utility poles, trees 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. (3334-6/97,3360-12/97,3826-4/09) Huntington Beach Zoning and Subdivision Ordinance Chapter 233 Page 13 of 25 07-1163.001/40377 N. Vehicle signs, signs affixed to automobiles,trucks, trailers or other vehicles on public or private property for the 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. (3334-6/97,3826-4/09) 233.12 Electronic Readerboards Electronic readerboards are permitted subject to the review by the Design Review Board, and approval of a conditional use permit by the Zoning Administrator. (3334-6/97,3360-12/97,3711-06105, 3826-4/09) A. Required Findings: Prior to approving a conditional use permit to allow an electronic readerboard sign, the Zoning Administrator shall make the following findings: (3334-6/97,3711-06/05) 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 fo6t-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) Huntington Beach Zoning and Subdivision Ordinance Chapter 233 Page 14 of 25 07-1163.001/40377 3. Minimum distance between electronic readerboards: 150 feet. (3334-6/97) 4. Minimum distance to any residence: 150 feet. (3334-6/97) D. Other Standards: (3334-6/97) 1. Where a site has an electronic readerboard, temporary banners, balloons, flags, etc. shall be permitted a maximum of 15 days per calendar year. (3334-6/97) 2. Hours of operation: 6:30 AM to 10:30 PM. At least 10 percent of the message time, or any percentage deemed necessary by the City for emergency conditions, shall be used for public service announcements. (3334- 6/97) 3. Messages in an electronic readerboard shall be no faster than one message every four seconds, and the minimum interval between messages shall be at least one second. Continuous motion of messages is not permitted. (3334-6/97) 4. Light intensity changes (other than between day and night uses) are not permitted. (3334-6/97) 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 review by the Design Review Board and approval of a conditional use permit by the Zoning Administrator. Approval of electronic readerboard signs shall be subject to the following: (3334-6/97,3711-06/05,3s26-4/09) A. Required Findings: Prior to approving a conditional use permit to allow a multiple user electronic readerboard sign,the 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 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. (3334-6197) 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) Huntington Beach Zoning and Subdivision Ordinance Chapter 233 Page 15 of 25 07-1163.001/40377 5. The multiple user readerboard shall have cylinders or directional incandescent lamps and have a shade screen or louver system, a shade screen and a photocell for reducing the intensity of lighting at night. (3334-6/97) C. Lighting Standards: (3334-6/97) 1. The maximum night time light intensity and illuminance shall conform to the following: (3334-6/97) MAXIMUM NIGHT TIME INTENSITY Height from Ground in feet 5 10 20 30 50 70 85 Maximum Intensity x 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 Chapter 233 Page 16 of 25 07-1163.001/40377 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. Sign permits for off-site subdivision directional signs for land development projects shall be limited to no more than six off-site signs, and approval for such signs shall be subject to the following standards: (3334-6/97, 3826-4/09) A. Location requirements: (3334-6/97) 1. Signs shall not be located within any street medians, divides, or other public rights-of-way or on any property developed with residential uses other than that of the subdivision identified. (3334-6/97,3826-4/09) 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: Sign 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. (3334-6/97,3826-4/09) C. Street widening: When a sign conflicts with street widening or construction, it shall be removed upon written notice at no cost to any public agency. (3334-6/97) D. Required bond: Prior to the issuance of a building permit,the applicant shall file a cash bond in an amount set by resolution of the City Council. The full bond amount shall be refunded if the sign structure is removed and the site restored to its original condition within 15 days after the expiration of the permit. If the sign structure is not removed, the City shall remove the sign and its supporting structure with the cost deducted from the cash bond, and any remainder refunded. (3334-6/97) 233.18 Promotional Activity Signs A. Promotional activity signs may be placed on a site subject to the issuance of a temporary sign permit by the Director, and provided that such signs comply with all Huntington Beach Zoning and Subdivision Ordinance Chapter 233 Page 17 of 25 07-1163.001/40377 of the standards set forth in this Section, and provided such signs do not create safety hazards or block signs identifying adjoining establishments. (3334-6/97,3826-4/09) B. A temporary sign permit for a promotional activity sign,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. (3334-6/97,3360-12/97,3826-4/09) C. Promotional activity 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. (3334-6/97,3360-12/97,3826-4/09) D. A promotional activity banner, as permitted above, shall not be affected by the issuance of a grand opening promotional activity sign permit during the same calendar year. The size of a grand opening promotional activity banner shall not exceed the size specified in Section 233.18 C. (3334-6/97,3360-12/97,3826-4/09) E. Promotional activity signs, banners, and pennants shall be maintained and not be in a condition of disrepair. Disrepair shall include torn, faded or sagging signs. (3334-6/97,3826-4/09) F. The Director may approve a temporary sign permit for a promotional sign, to be displayed on a site with electronic readerboards up to a maximum of fifteen(15) days per calendar year. (3334-6/97,3826-4/09) G. Vehicle sales businesses and automobile dealerships located on Beach Boulevard may, without first obtaining a temporary use permit from the Director, display promotional activity signs, banners, pennants, and car-top signs that comply with the following standards: (3334-6/97,3360-12/97,3826-4/09) 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 and automobile dealerships located 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 be limited to a maximum of twelve (12)weekends per calendar year. (3360-12/97,3826-4/09) 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 building permit. 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. (3334-6/97,3360-12/97,3527-2/02,3826-4/09) 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. (3334-6/97,3360-12/97,3826-4/09) Huntington Beach Zoning and Subdivision Ordinance Chapter 233 Page 18 of 25 07-1163.001/40377 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. (3334-6/97,3826-4/09) 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%, 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: (3334-6/97,3360-12/97,3826-4/09) 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 of the Planned Sign Program. A cash bond may be required to guarantee their modification or removal. (3334-6/97,3360-12/97,3826-4/09) 233.22 Miscellaneous Signs and Provisions A. Signs within the Downtown Specific Plan or located in any other specific plan areas shall comply with any additional requirements outlined within the plan itself and any applicable design guidelines. (3334-6/97,3826-4/09) B. Non-commercial murals, non-commercial large graphic designs, and statuary shall be subject to review by the Director for the sole purpose of ensuring that such displays will not pose a hazard to public health, safety or welfare. (3334-6/97) C. No window or contiguous window panes shall be covered by paper or painting signs that exceed 20% of the total area of that window,however; windows may be covered up to 50% during the month of December. (3334-6/97,3360-12/97,3826-4/09) Huntington Beach Zoning and Subdivision Ordinance Chapter 233 Page 19 of 25 07-1163.001140377 233.24 Nonconforming Signs A. Continuation of Use. A nonconforming sign may be maintained on site after the effective date of the ordinance codified in this title, provided that the nonconforming sign is not: (3334-6/97,3360-12/97,3826-4/09) 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 the Director approves a Sign Code Exception, a Limited Sign Permit or Planned Sign Program. (3334-6/97,3360-12/97,3826-4/09) 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) Any sign by design, location or configuration that violates this Chapter or creates a pedestrian or vehicle hazard is deemed to be a public nuisance and subject to enforcement under this Code and/or the Huntington Beach Municipal Code. (3826-4/09) 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 Sian: a sign which no longer directs, advertises or identifies a legal business establishment, product or activity on the premises where such sign is displayed. (3334-6/97) B. Alteration: any change of copy, sign face, color, size, shape, illumination,position, location, construction, or supporting structure of any sign. (3334-6/97) C. Animated Sian: 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). (3334-6197,3360-12/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 233 Page 20 of 25 07-1163.001/40377 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 LARIEA 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. Building Frontage: the linear extent of a building or business which has frontage on either a street or parking area. Only one side of the building facing the street or parking area shall be used to determine the maximum sign area. (3334-6/97,3360-12/97) K. Canopy: a permanent roof-like structure which extends along and projects beyond the wall of a building, or is freestanding as common in service stations, and is generally designed and constructed to provide protection from the weather. (3334-6/97,3360-12/97) L. Changeable Copy Sign: a sign or portion thereof with characters, letters or illustrations that can be changed manually or electrically without altering the face or surface of the sign. (3334-6/97) M. Channel letters: individual letters or figures, illuminated or non-illuminated, affixed to a building or freestanding sign structure. (3334-6/97) N. Construction 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) Huntington Beach Zoning and Subdivision Ordinance Chapter 233 Page 21 of 25 07-1163.001140377 O. Directional Sijn: an on-premise incidental sign designed to guide or direct pedestrian or vehicular traffic. (3334-6/97) P. Electronic Readerboard: a changeable message sign consisting of a matrix of lamps which are computer controlled. (3334-6/97) Q. Exposed Neon: neon tubing used for lighting in signs and other building identification such as raceways and accent lighting. (3360-12/97) R. Exposed Raceway: visible tube or box behind a wall sign used to house electrical wiring for the wall sign. (3360-12/97) 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_Sig_n: 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 obtaining a permit as required by this Chapter,that does not meet the requirements of this ordinance, or has not received legal nonconforming status. (3334-6/97,3360-12/97,3826-4/09) X. Incidental Sign: a small sign pertaining to goods, products, services or facilities which are available on the premises where the sign occurs and intended primarily for the convenience of the public. (3334-6/97) Y. Indirect Illumination: a light cast on the surface of a sign from an exterior source. (3334-6/97) Z. Industrial Center: any site containing three (3) or more industrial activities. (3360- 12/97) AA. Integrated Development: a development or site comprised of one or more parcels served by common access ways, driveways,parking and landscaping. (3334-6/97) BB. Interior illumination: any sign face which is artificially lit from the inside. (3334-6/97) CC. Item of information: each word, design, symbol, or figure. (3334-6/97) DD. Limited Sign Permit: A permit approved by the Director that permits a temporary sign used to advertise a short-term special activity or sale, i.e., grand opening, under new ownership, fall sale, etc. and maintenance or modification to the face or copy of a nonconforming sign to extend a use of the sign for a time period deemed appropriate by the Director, but not to exceed two (2) years. (3360-12/97,3826-4/09) 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) Huntington Beach Zoning and Subdivision Ordinance Chapter 233 Page 22 of 25 07-1163.001/40377 HH. Monument Sijzn: 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 provisions of the current sign ordinance. (3334-6/97,3360-12/97,3826-4/09) 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. (3334-6/97,3826-4/09) 00. Planned Sign Program: A required component for certain sign permits that incorporates coordinated and quality sign design elements and is reviewed and approved by the Director. (3360-12/97,3826-4/09) PP. Point of Purchase DisplaX: 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) 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. (3334-6/97) UU. Promotional Activity Sign: a temporary sign used to advertise a short term special activity or sale, i.e., grand opening, under new ownership, fall sale, etc. (3334-6/97) W. Public Access Signage: signage that directs the general public to the coast or sea and/or public amenities available for general public use. (3360-12/97) WW. Public Service Information Sign: any sign intended primarily to promote items of general interest to the community such as time, temperature, date, atmospheric conditions, news or traffic control, etc. (3334-6/97) XX. Real Estate Sign: any temporary sign indicating that the premises on which the sign is located is for sale, lease or rent. (3334-6/97) YY. Roof Sign: an attached sign constructed upon or over a roof, or placed so as to extend above the visible roofline; or a freestanding sign which is greater in height than the building it serves to identify. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 233 Page 23 of 25 07-1163.001140377 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. Sign 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: a deviation to some of the specifications set forth in this chapter that is approved by the Director. (3360-12/97,3826-4/09) DDD. Sign Copy: any words, letters, numbers, figures, designs or other symbolic representation incorporated into a sign for the purpose of attracting attention. (3334-6/97) EEE. Site: one or more parcels of land identified by the assessor's records where an integrated building development has been approved or proposed. The site shall include all parcels of land contained within or a part of the development application. (3334-6/97) FFF. Site Frontage: the length of a lot or parcel of land along or fronting a street. (3334-6/97,3360-12/97) GGG. Special Events Sign: a temporary sign advertising or pertaining to any civic, patriotic, or special event of a general public interest taking place within the city. (3334-6/97) HHH. Subdivision Directional Sign: a sign providing direction to a land development project pursuant to this chapter. (3334-6/97) III. Supergraphic: a painted design which covers an area greater than ten percent of a wall, building facade, or other structure. (3334-6/97) JJJ. 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 Sign: a sign in which the name, address, phone number, or hours of operation are applied directly to the window of a business, or a sign visible through the window from the street. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 233 Page 24 of 25 07-1163.001/40377 a x a I.�x' I i I i I I I i I I I Y I r� SSCG � lb , I I I I Y 5' a 7O% Le sehold -Max.Width DIAGRAM b 75% Fascia- Max. Height x Equal Dimensions y Equal Dimensions G A D I V 9 D RAW 1233-D I AB.B M P o a _ Sign Type Setback Pole 40' DIAGRAM A xMonument Subject to Director review G ADN9DRAW 1233-DIAA.BMP Huntington Beach Zoning and Subdivision Ordinance Chapter 233 Page 25 of 25 07-1163.001/40377 ATTACHMENT # 19 Zoning Text Amendment No. 07m 001 Amending Chapter 244 Design Review (Design Review Board Composition and Scope ZT'A NO. 07-001- Project ■ Alter Composition and Scope of the Design Review Board (DRB) ■ Make modifications as to which projects are subject to DRB ® Provide minor clean-up to certain sections of Chapter 244 Design Review ■ Delete Design Review Board review of signs in Redevelopment Project Areas. 1 ANALYSIS ■ Sec. 244.02 APPLICABILITY ■ Adds review of projects at or near City Facilities (e.g. parks) ■ Adds projects abutting Open Space designated areas. ® Deletes reference to Public Semi-Public Districts. ■ Adds DRB review for projects located in the General Plan primary/secondary entry nodes. ® Deletes DRB review of signs in Redevelopment Project Areas. ANALYSIS (continued) ■ Code Modifications or Clean-up Language - Various Chapters "Review of Plans": ■ 210 Residential Districts ■ 211 Commercial Districts ■ 212 Industrial Districts ■ 213 Open Space District ® 214 PS Public-Semipublic 2 Analysis (continued) ® 244.04 Duties of the Design Review Board ® Current DRB Composition: • Presently comprised of five members (2-Citizens, 2- Staff, 1-Planning Commissioner) ® Code amendment initiated pursuant to City Council Direction, Organizational Consultant, and Intergovernmental Relations Committee ANALYSIS (continued) ■ Proposed DRB Composition: ■ One Planning Commissioner ■ Four At-Large Members appointed by City Council — requiring training, education, or work experience in a Design-Related field ■ One of four members shall be from the Historic Resources Board. 3 ANALYSIS (continued) ® Scope of Review: ■ Section 244.06 requires DRB to review off- street parking, traffic impacts, and other potential impacts on the environment. ■ DRB members are not expected to have expertise in traffic circulation or environmental analysis. ■ DRB's primary Focus is on Aesthetics Planning Commission Recommendation Remove Historic Resources Board member from DRB membership based on the following: ■ Relevancy of a Historic Resources Board member's expertise being limited to historic structures ■ Huntington Beach has very few historic structures 4 Analysis (coast'd) * Staff reviewed available Historic Resources Board member applications with the specific purpose of reviewing level of design-related education and relevant work experience ® 10 applications were reviewed which revealed: m 4 Applicants had degrees and experience in Design and Landscaping including one that was LEED Certified ® 5 had Historic Society experience, education and membership e 1 had unrelated educational background or experience Analysis (coast'd) ■ Over the past few years every effort has been made to seek out applicants for DRB with more design education and expertise. ■ Staff believes the inclusion of a Historic Resources Board member would be beneficial if the HRB member has the preferred design related background. m Therefore, staff does not support this aspect of the Planning Commission's recommendation. 5 Recommendation ■ Approve Zoning Text Amendment No. 07-001 as recommended by staff with suggested Findings of Approval 6 CA ROUTING SHEET INITIATING DEPARTMENT: PLANNING and BUILDING SU EJ EC d: Zoning Text Amendment No. 07- 001(Amending Design Review Board) COUNCIL MEETING DATE: February 1 , 2010 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Attached Contract/Agreement (w/exhibits if applicable) Not Applicable (Signed in full by the City Attorney) Attached ❑ Subleases, Third Party Agreements, etc. Not Applicable (Approved as to form by City Attorney) Certificates of Insurance A b the CityAtt Attached El( pproved y orne y) Not Applicable Attached ❑ Fiscal Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Attached ElNot Applicable Attached Staff Report (If applicable) Not Applicable ❑ Commission, Board or Committee Re ort If applicable Attached El p ( pp ) Not Applicable ❑ Attached 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: - • RCA Author: SH: MBB:RM cv tflstorie R 806- rd An advisory board to the Huntington Beach City Coune-if 7 RE: Zoning Text Amendment No. 07-001 (Amending Design Review Board) Honorable Mayor and City Council Members The Historic Resources Board(HRB)has recently been updated on the Request For Action prepared by the Planning Department including Staffs recommendation of adding one of our members to the Design Review Board(DRB). We as a board feel our input at this stage would be most helpful. The Planning Commission has expressed concerns about the design/architectural/aesthetic background qualifications of the HRB Members and the HRB's relevance on issues beyond historic sites. If, at the time they voted on November 24th, 2009,the Planning Commission had been provided the more in-depth information below,we are confident that they would have supported the recommendations of the organizational consultant hired by the City,the Intergovernmental Resources Committee(IRC)and the Planning Staff,to add an HRB member to the DRB. - The described duties of the Design Review Board Member are compatible with the HRB charter. Section 2.107.020(c)charges the Board with insuring "that historic preservation and services are considered in the planning for the future development of the community." Section 2.107.060(d) charges the Board with "cooperating with other civic organizations as required." - Based on Planning Commission concerns,the Planning Department staff has done due diligence and found that many, if not most, of our members have one or more of the specific qualifications needed for participation on the DRB. This current Board is not an anomaly,historic preservation attracts art and education related fields. From design and architecture degrees to LEER certification and educational degrees, the HRB has a broad base of experience to fulfill the proposed DRB duties. - The City's commitment to preserving its heritage, as evidenced by the recently commissioned city- wide Historic Context and Survey Report by Galvin and Associates,would be well served by including a member of the HRB on the DRB. Further,the previous historic inventory was derived from a very narrow study done nearly a quarter of a century ago and there are more historic resources city-wide than a perfunctory review would suggest. - Lastly,the inclusion of an HRB member on the DRB would not only be mutually beneficial to both boards but it would also lead to better integration,communication and transparency within the network of city government to the benefit of the community in general. The HRB has much to contribute to the future development of the city. Our future will always become our past eventually and an historical perspective is essential to moving forward. We hope you will agree and support Historic Resource Board participation on the Design Review Board. Respectfully submitted Diane Ryan Chair, Historic Resources Board of Huntington Beach cc: City Clerk, Planning Department t JF Z47F tA*V "C47)00104 "' 4 2000 Main Street * Huntington. Beach , California o 92648 Phone ( 7 14 ) 536 - 5271 NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, February 1, 2010, at 6:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following planning and zoning items: ❑ 1. ZONING TEXT AMENDMENT NO. 07-001 (AMENDING CHAPTER 244 DESIGN REVIEW BOARD) Applicant: City Initiated. Request: To amend the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to change Chapter 244 to modify the composition and scope of the Design Review Board (DRB), including associated changes to Chapters 210, 211, 212, 213 and 214 to reference Chapter 244 Design Review and amend Chapter 233 to eliminate need for signs in redevelopment project areas to be reviewed by the DRB. Location: Citywide. Project Planner: Rosemary Medel NOTICE IS HEREBY GIVEN that Item #1 is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Enviornmental Quality Act. NOTICE IS HEREBY GIVEN that Item #1 will require a Local Coastal Program Amendment certified by the California Coastal Commission for approval. ON FILE: A copy of the proposed request is on file in the Planning Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City. Clerk's Office on Thursday, January 28, 2010. 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. Joan L. Flynn, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 CADocuments and Settings\esparzap\Local Settings\Temporary Internet Files\OLK15B\100201 ZTA No 07-001 (2).DOC j CITY CO UNCIUREDEVELOPMENT AGENCY PUBLIC HEARING REQUEST SUBJECT: DEP TMENT: 7/ MEETING DATE: j. � CO ONE: 9�( N/A ) ESS NO ( ) (d) ( ) Is flit notice attached? Do the Heading and Closing of Notice reflect City Council(and/or Redevelopment Agency)hearing? Are the date,*y and time of the public hearing correct? If an appeal,is the applillant's name included in the notice? ( ( ) ( ) If Coastal Development Permit,does the notice include appeal language? Is there an Environmental Status to be approved by Council? / = , f Is a map attached for publicatica? Is a larger ad required? Size ( ) ( ) Is the verification statement attached indicating the source and accuracy of the mailing list? Are the applicant's name and address part of the mailing labels? Are the appellanes name and address part of the maiiing labels? If Coastal De'velo went Permit,is the Coastal Commission art o£the P P moiling labels? } If Coastal Development Peri A are the resident labels attached? (� ( ) ( •) Is the Report 33433 attached? (Economic Development Dept.hears only) Pleas complete the following. _ 1. Minimum days from publication to hearing date 2. Number of times to be published t" 3. Number of days between publications 21 0%8/09l.9®IUany Dane alglledwoo wW L9 x ww gZ}ewiol ap allanb113 PUBLIC HEARING N�� �&WPa [ 11�f�(glledw0o„$/g Z X<<I ails lagel MAILING LABELS Glabels\Labels\Public Hearing October 2008 President 1 Huntington Ha r POA 10 Sue Johnson 16 H_B. Chamber of Commerce P.O. Box 79 19671 Quiet Bay Lane 19891 Beach Blvd_,Ste. 140 Sunset B ch,CA 90742 Huntington Beach,CA 92648 Huntington Beach,CA 92648 Dave Stefanides 2 Orange County Assoc.of Realtors 25552 La Paz Road Laguna Hills,CA 92653 President 3 Jeffrey M.Oderman 12 Pacific Coast Archaeological 18 Amigos De BoZChi RUTAN&TUCKER,LLP Society,Inc. R O.Box 1563 611 Anton Blvd., 141h Floor P.O. Box 926 Huntington Be647 Costa Mesa CA 92626-1950 Costa esa,CA 92627 Attn: ane Gothold Sunset Beach Comm Assoc_ 4 Pres.,H.B. Hilt Society 13 Director 19 Pat Thies,Preside C/O Newland House Museum O.C_ Ping.&D Services Dept PO Box 215 19820 Beach Blvd. i P.O. Box 4 Sunset Beach,CA 90742-0215 Huntington Beach,CA 92648 Santa ,CA 92702-4048 President 5 Diane Ryan 14 Bryan Speegle 19 Huntington Beach Tomorrow HRB Chair O.C. Resources&Develop. Mgt.Dept.. PO Box 865 7701 Etna Circle P.O. Box 4048 Huntington Beach,CA 92648 Huntington Beach,CA 92647 Santa Ana,CA 92702-4048 Julie Vandennost 6 Counci�On�;_, g 15 Planning Direct 20 BIA-OC 1706 Oe. City of Cos esa 17744 Sky Park Circle, #170 Hun gton Beach,CA 92648 P.O. Bqe1200 Irvine CA 92614-4441 Costa Mesa,CA 92628-1200 Richard/thh,j2th 7 Jeff Metzel 16 Planning Dire r 21 SCAG Seacliff H City of�ater ain Valley 818 We Floor 19391 ady Harbor Circle 1020ve. Los Angeles,CA 90017 Hu tington Beach,CA 92648 Fountain Valley,CA 92708 Jean Kimbrell 8 John Roe 16 Planning D' r 22 c/o E.T.I.Corral 100 Sea�� A City of Ne ort Beach 20292 Eastwood Cir. 19ale Lane P.O. 1768 Huntington Beach,CA 92646 untington Beach,CA 92648 Newport Beach,CA 92663-8915 Robert Smith 9 Lou Mannone 16 Planning Director 23 Environmental Board Chair 2009 Scacliff H City of Wes ter 21352 Yarmouth Lane 19821 cean Bluff Circle 8200 We ster Blvd. Huntington Beach,CA 92646 I I gton Beach CA 92648 Wes ster,CA 92683 Planning Director 24 Ocean View School 'ct 38 HB Hamptons A 38 City of Seal Beach Attn: Cindy Pul ,Admin. Services Progressi mmunity Mgmt. 211 Eighth St. 17200 Pine rst Lane 27405 uerta Real,#300 Seal Beach,CA 90740 Huntin n Beach CA 92647 Mission Viejo,CA 92691 label size 1"x 2 5/8"compatible with Avery 05160/8160 Etiquette de format 25 mm x 67 mm compatible avec Avery 05160/8160 0918/091g@ tiany oeAu a1g11edwoo ww L9 x ww gZ lewaol op 93janb113 PUBLIC HEARING NO'Ug6 WWrgg Ll ligll8dwoo„9/g Z X«i azis iaqui am MAILING LABELS G:Labels\Labels\Public Hearing October 2008 California Coastal Commission 25 Clark Hampton 32 Sally Grah 39 Theresa Henry Westminster ool District Meadowl Area South Coast Area Office 14121 Ce rwood Avenue 5161 elding Circle 200 Oceangate, 10th Floor Wes ster CA 92683 Huntington Beach,CA 92649 Long Beach,CA 92802-4302 California Coastal Commission 25 Stephen Ritter 33 Cheryle Brow g 39 South Coast Area Office HB Union gh School Disrict Meadowl Area 200 Oceangate, 10th Floor 5832 Bo a Avenue 16771 osevelt Lane Long Beach,CA 92802-4302 Hun' 'to Beach,CA 92649 Huntington Beach,CA 92649 i Ryan P.Chamberlain 26 Hearthside Homes 40 Caltrans District 12 6 Executive Circle,Suite 250 3337 Michelson Drive,Suite 380 Irvine,CA 92614 Irvine,CA 92612,1699 i Director 27 Goldenwest College 35 Bolsa Chica L Trust 41 Local Solid Waste Enf.Agy. Attn: Fred wens 5200 W r Avenue,Ste. 108 O.C. Health Care Agency 15744 ldenwest St. Huntimfon Beach,CA 92649 P.O. Box 355 Huntington Beach CA 92647 Santa Ana,CA 92702 New Growth Coordinator 28 OC County H ors,Beach 36 Bolsa Chica Land Trust 41 Huntington Beach Post Office and Parks ept. Evan Hen resident 6771 Warner Ave. P.O. Bo 4048 1812 Po 'ffin Place Huntington Beach,CA 92647 Santa Ana,CA 92702-4048 Newport Beach,CA 92660 Marc Ecker 29 Bella Terra all 37 Fountain V ey Elem. School Dist. Attn: Pat ogers-Laude 10055 S ter Avenue 7777 ger Ave. #300 Fountain Valley CA 92708 Huntington Beach CA 92647 Dr.Gary Ruther rd,Super. 30 Country V�as Estates HOA 38 OC Sanitation D ct 42 HB City Ele ntary School Dist. Came 10844 Ellis enue20451 Cr er Lane 6642 T orive Fount alley CA 92708 Huntington Beach,CA 92648 Huntington Beach CA 92648 David Perry 30 Country Vie Estates HOA 38 Eric Pendegra ant Manager 42 HB City mentary School Dist Gerald C pman AES Hun on Beach,LLC 20451 aimer Lane G742 re Circle 21730 land Street Huntington Beach,CA 92648 Huntington Beach CA 92648 Huntington Beach CA 92646 Richard Lo 42 Huntington ach Girls Softball* 47 AYSO Region 5 47 9062 ui Drive Mike Eri son Commissio John Gray Huntington Beach CA 92646 P_O. x 3943 9522 S ey Circle Huntington Beach,CA 92605-3943 Huntington Beach,CA 92646 John Ely, 42 AYSO Regio 117 47 AYSOZReiS5 47 22102 ckpot Lane John Alm a ComaRuss Marlow Huntington Beach CA 92646 19961 shard St. 181i1ll Circle Fountain Valley,CA 92708 Huntington Beach,CA 92647 label size 1"x 2 5/8"compatible with Avery'`=5160/8160 Etiquette de format 25 mm x 67 mm compatible avec Avery 5160/8160 NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE Huntington Beach Independent has been adjudged a newspaper of g CITY OF HUNTINGTON BEACHv. circulation in Huntington Beach and Orange County by Decree of the Su • - Court of Orange County,State of California,under date of Aug. 24, 1994 , A50479. NOTICE IS HEREBY,GIVEN that on Monday, February 1, 2010, at 6:00 p.m. in the City a Council Chambers;2000 Main.Street,Huntington Beach,the City Council will hold a public ; hearing on the following planning and zoning items: i PROOF OF 1. ZONING TEXT AMENDMENT NO. 07-001 (AMENDING CHAPTER 244 DESIGN REVIEW BOARD)Applicant-City Initiated. Request:To amend PUBLICATION BLICATAON �. the Huntington Beach Zoning and Subdivision Ordinance(HBZSO)to change. Chapter.244 to modify the composition and scope of the Design Review Board(DRB); including associated changes to Chapters 210,211,212,2.13 STATE OF CALIFORNIA ) and 214 to reference Chapter 244 Design Review and amend Chapter 233,to eliminate need for signs in redevelopment project areas to be reviewed by the, SS. DRB.. Location:Citywide. Project Planner:Rosemary Medel COUNTY OF ORANGE NOTICE IS HEREBY GIVEN that Item#1 is categorically exempt pursuant to City Council Resolution No.4501, Class 20, which supplements the California Environmental Quality am the Citizen of the United States and a Act. resident of the County aforesaid; I am over the age of eighteen years, and not a part)/ NOTICE IS HEREBY GIVEN that Item#i;will require a Local Coastal Program Amendment certified by the California Coastal Commission for approval., to or interested in the below entitled matter. am a principal clerk Of the HUNTI NGTON ON FILE: A copy of the proposed request is on file in the Planning Department,2000 Main BEACH INDEPENDENT, a newspaper Of 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,January general circulation, printed and published in 28,-2010. the City of Huntington Beach, County of Orange, State of California, and the 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 attached Notice IS a true and Complete Copy Council's action in court,you may be limited to raising only those issues you or someone as was printed and published On the else raised at the public hearing described in this notice; or.in written correspondence following date(s): 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. Joan L.Flynn,City Clerk City of Huntingtori.Beach 2000 Main Street,2nd Floor 21, 2010 Huntington Beach,California 92649 Januar y (714)536-5227 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on January 21, 2010 at Costa Mesa, California c Signatur NOTICE OF PUBLIC HEARING Huntington Beach Independent has been adjudged a newspaper of a t BEFORE THE CITY COUNCIL OF THE g Pg CITY OF HUNTINGTON BEACH circulation in Huntington Beach and Orange County by Decree of the Sul Court of Orange County,State of California,under date of Aug. 24, 1994. NOTICE IS HEREBY GIVEN that on Monday, February 1, 2010, at 6:00 p.m. in the City A50479. Council Chambers,2000 Main Street,Huntington Beach,the City Council will hold a public hearing on-the following planning and zoning items: PROOF OF 1. ZONING TEXT AMENDMENT NO. 07-001 (AMENDING CHAPTER 244 DESIGN REVIEW BOARD)Applicant:City Initiated. Request:To amend PUBLICATI®N the Huntington Beach Zoning and Subdivision Ordinance(HBZSO)to change Chapter 244.to modify the composition and scope of the Design Review Board 013), including associated changes to Chapters 210,211,.212,213 STATE OF CALIFORNIA ) and.214 to reference Chapter 244 Design Review and amend Chapter 233 to eliminate need for signs in redevelopment project areas to be reviewed by the SS. DRB. Locatlon:Citywide. Project Planner:Rosemary Medel. COUNTY OF ORANGE NOTICE IS HEREBY GIVEN that Item#1 is categorically exempt pursuant to City Council. j Resolution No.4501, Class 20,.which supplements,the California Environmental Quality am the Citizen of the United States and a Act: resident of the County aforesaid; I am Over NOTICE IS HEREBY GIVEN that Item#1 will require a Local Coastal Program Amendment ' the age of eighteen years, and not a party certified by the California Coastal Commission for approval. to or interested in the below entitled matter. I am a principal clerk of the HUNTI NGTON ON FILE: 'A copy of the proposed request is on file in the Planning Department,2000 Main BEACH INDEPENDENT a newspaper Of 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,January general circulation, printed and published in 28;2010. the City of Huntington Beach, County of '. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or Orange, State of California, and the submit evidence for or against-the application as outlined above. If you challenge the City. attached Notice is a true and complete copy Council's action in court,you may be limited to raising only those issues you or someone as was printed and published on the else raised at the public hearing described'in this notice, or in written correspondence following date(s): 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. Joan L..Flynn,City Clerk City of Huntington Beach . 2000 Main Street,2nd Floor Huntington Beach,California 92648 January 21, 2010 714 536-5227 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on January 21, 2010 at Costa Mesa, California Signa ORDINANCE NO. 3873 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 244 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TITLED DESIGN REVIEW The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 244.02 Applicability of the Huntington B a'ch Zoning and Subdivision Ordinance is hereby amended to read as follows: f 244.02 Applicability Design review is required for all projects pursuant to any other rovision of this Zoning and Subdivision Ordinance and for all projects located within redevelopment areas, specific plans as applicable, areas designated by the City Council, City facilities or projects abutting or adjoining City facilities, projects in or abutting or adjoining OS-PR and OS-Sdistricts, and General Plan primary and secondary entry nodes. SECTION 2. Section 244.04 Duties of the Design Review Board of the Huntington Beach Zoning and Subdivision Ordinance is hereby,amended to read as follows: 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 the City Council. 1. No person is eligible for membership on the Board unless that person is a resident of the City at the time of appointment to the Board. If during a term of office, a member moves his or her place of residence outside of the City limits, his office shall i m6diately become vacant. 2. One (1 current Planning Commissioner chosen by the Planning Commission. An altem.ate Commissioner may be designated by the Planning Commission. 3. At least four of the five members shall have training, education or work experience in design-related fields including, but not limited to, architecture, /landscaping, art, urban/environmental design and aesthetics. i�/y J" ""J 07-1163.001/40161 �l Ordinance No. 3873 4. One (1) current member of the Historic Resources Board chosen by the Historic Resources Board. An alternate may be designated by the Historic Resources Board. 5. The City Council may designate alternate members as it deems necessary so ng as the alternate members meet all membership requirements. B. Terms of Office. 1. At large Members. The term of office for At-large members shall be four (4) years from the date of appointment by City Council. No At-larg mmember shall serve more than two (2) consecutive terms. At-large members serve until their respective successors are 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 maybe removed prior to the expiration of his/her term by a motion adopted by/he Planning Commission. Members may serve until their respective successors are appointed and qualified. 3. Historic Resources Board Member. The term,of the Historic Resources Board member shall expire when such member ceases to be a member of the Historic Resources Board. A Historic Resources Board member may be removed prior to the expiration of his/her term by a motion adopted by the Historic Resources Board. 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 conlitionally approve the proposal. The Board may recommend any matter before hem to the discretionary body for consideration of the project. SECTION 3. Section 2 4.06 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended�to read as follows: IJ ++ I 244.06 Scope of Review t' � ' 4 'rA 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; 07-1163.001/40161 2 Ordinance No. 3873 3. The compatibility in scale and aesthetic treatment of proposed structures with public district areas; 4. The adequacy of proposed landscaping; 5. Elements of design affecting the performance characteristics of the proposed development; and 6. Whether energy conservation measures/been posed and the adequacy of such measures, including, d, the use of active and passive solar energy systems. B. The Board may impose and/or recommend anyeemed reasonable and necessary to the approval of the proposed deve . SECTION 4. Section 244.09 of the/ngtonch Zoning and Subdivision Ordinance is hereby amended to read as fol 244.09 Time Limit; Transferabilitc4A Design Review Board recommendation s and void one year after its date of Director approval. If the initial application with another discretionary permit said permit shall become null and void one year after the final action of the hearing body. SECTION 5. 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/(he day of , 20 Mayor ATTEST: APP VED AS TO FORM: L. Cityy Perk City ttorney 1M3)o0i b!� t� 5 REVIE D APPROVED: INITIATED AND PROVED: t' ministrator Direc or o Planning W tt 07-1163.001/40161 3 ORDINANCE NO. 3873 LEGISLATIVE DRAFT Chapter 244 Design evv x (3529-2/02,3680-12/04) Sections: 244.02 Applicability 244.04 Duties of the Design Review Board 244.06 Scope of Review 244.08 Required Plans and Materials 244.09 Time Limit; Transferability, Discontinuance f 244.02 Applicability / i Desi&n review is required for projects pursuant to any other/provision of this Zoning and Subdivision Ordinance and for pro ects'located within i-n redevelopment areas, ^�a ^rrlie-We specific plans as applicable, areas designated by the City Council, and ferCity facilities, or projects abutting or adjoining City facilities, projects in or abutting or adjoining PSOS-PR and OS-S districts, and eneral Plan primary and secondary entry nodes. (3529-2/02,3680-12/04) 244.04 Duties of the Design Review Board The Design Review Board shall assist the Director, Planning Commission and Zoning Administrator in reviewing development plans and architectural drawings within designated geographic areas of the City and to undertake such other review and approval as provided by this code. A. Organization. The Board shall consist of five members appointed by and fespo '',�e4e�-the City Council!' 1. Two (2) At large,.,0,,.1.�^? , ;st City;,, . f etiffent(;+ o^; ] n4s 1, ,^o,ii y iliac Two t Gotmei!.No person is eligible for membership on the Board unless that person is a resident of the City at the time of appoint mentA the Board. If during a terra of office, a member in. his or her place of residence outside of the City limits, his officeshall immediately become vacant. 2. One (1) il c Lt Planning Commissioner chosen by the Planning Commission. An alternate Commissioner may be designated by the Planning Commission. 3. The ,,ir-ee+er of l,;^ 'e"ao^;g .At least four of the five members sh;fll have training, education or work experience in design- related fields including, but not limited to, architecture, lfindscaping, art, urban/environmental design and aesthetics.�>;�4. The Publ e War-k^ Dke tar-of his/her-deli nee.One (1) current member of the Historic Resources Board chosen by the Historic Resources Board. An alternate may be designated by the Historic Resources Board. j Huntington Beach Zoning and Subdivision Ordinance Chapter 244 1' 'Page 1 of 3F 07-1163.001/40342 LEGISLATIVE DRAFT 5. The City Council may designate alternate members as it deems necessary so long as the alternate members meet all membership requirements. B. Terms of Office. 1. At-large Members. The term of office for At-large members s all be four(4) years from the date of appointment by City Coun . as for- " two year-r-tefm, and eaeh r^,,..t year-r-the fo"fo. No t-large member shall serve more than two (2) consecutive terms, the ett"ent At lafge member-may be appointed f the two ye *.ef ., ,,..o,,Z—A h".v;,,. At-large members may serve until their respective successors�are 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 Co ncil. 2. Planning Commission Member. The term of e Planning Commission member shall expire when such member cc ses to be a member of the Planning Commission. A Planning Co fission member may be removed prior to the expiration of his/her term by motion adopted by the Planning Commission. Members may serve unt their respective successors are appointed and qualified. 3. Historic Resources Board Member. The term of the Historic Resources Board mem erg a expire when such member ceases to be a member of/the Historic Resources Board. A Historic Resources Board member may be removed prior to the expiration of his/heir term by a motion adopted by the Historic Resources Bfoard. 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, si,ggns, and architectural drawings in connection with any matter before the Board/The Board shall have authority to confer with the applicant or property owner cop erring modifications of the proposal, or conditions necessary to approval, and inly approve, disapprove, or conditionally approve the proposal. The Board may reyommend any matter before them to the discretionary body for consideration of�he project. 244.06 Scope of Review A. In making 'determination, the Board shall review and consider 1. TUe 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; i4 Huntington Beach Zoning and Subdivision Ordinance Chapter 244 i Page 2 of 3, 07-1163.001/40342 LEGISLATIVE DRAFT 4. The adequacy of proposed landscaping, parking spaees, ,afiveways potel4ia on site and off site,..long and t,-.,ff e ; nets and ethe f potential iippaupon the en i 5. Elements of design affecting the performance characteristics of the proposed development; and 6. Whether energy conservation measures have been proposed Zdthe 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 dee ed reasonable and necessary to the approval of the proposed development plan/ 244.09 Time Limit; Transferability,Discontinuance, Amine Limit. A Design Review Board recommendation shall become null and void one year after its date of Director approval. If the initial application is in association with another discretionary pemit said permit shall become null and void one"year after the final action of the hearing body. (3680-12/04) RECENT CITY COUNCIL DIRECTION & STAFF RECOIV MENDATION Recent City Council direction was to include an HRB member on the DRB; the City Council has not considered the other proposed changes. i,VV I�U a Huntington Beach Zoning and Subdivision Ordinance Chapter 244 Page 3 of 3 07-1163.001/40342 ORDINANCE NO. 3866 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 244 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION RELATING TO THE DESIGN REVIEW BOARD The City Council of the City of Huntington Beach does hereby ordain as follow . SECTION 1. Section 244.02 of the Huntington Beach Zoning and Subdiv' ion Ordinance is hereby amended to read as follows: 244.02 Applicability Design review is required for projects pursuant to all provisions of tl/'s Zoning and Subdivision Ordinance and for projects located within redevelopment areas, specific plans as applicable, areas designated by the City Council, City facilities, or projects abutting or adjoining City facilities, projects in or abutting or adjoining),OS;PR and OS-S districts, and General Plan primary and secondary entry nodes. (3529-2/02,3,6/P0-12/04) /! SECTION 2. Section 244.04 of the Huntington Beac Zoning and Subdivision Ordinance is hereby amended to read as follows: 244.04 Duties of the Design Review Board The Design Review Board shall assist the Direct r, Planning Commission and Zoning Administrator in reviewing development plans d architectural drawings within designated geographic areas of the City and to undertake uch other review and approval as provided by this code. i A Organization. The following c i eria will be used in choosing Board members: 1. The Board will consist of five members. One of the five members will be selected by the PlannQ Commission subject to appointment by the City Council. The Planprig Commission may designate an alternative member. The remaining members will be selected by the City Council. 2. No person is el glble for membership on the Board unless that person is a resident of the/City at the time of appointment to the Board. If during a term of office, a 1:nember moves his or her place of residence outside of the City limits, his Sher office shall immediately become vacant. 3. At leas our of the five members shall have training, education or work experi;�nce in design-related fields including, but not limited to, architecture, landscaping, art, urban/environmental design and aesthetics. 4. Tl�fe City Council may designate alternate members as it deems necessary so ng as the alternate members meet all membership requirements ,/'o 07-1163.002/42122 Ordinance No. 3866 B. Terms of Office. 1. At-large Members. The term of office for At-large members shall be four(4)'.,,, ' years from the date of appointment by City Council. No At-large member shall serve more than two (2) consecutive terms. At-large members serve/ until their respective successors are appointed and qualified. An At-lar,.ge member may be removed prior to the expiration of his/her term by a,motion adopted by the City Council. ' i 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 approveffie proposal. The Board may recommend any matter before them to the discretionary body for consideration of the project. SECTION 3. Section 244.06 of the Huntington Beach 'Zoning and Subdivision Ordinance is hereby amended to read as follows: I 244.06 Scope of Review j A. In making its determination,thZionship Board shall review and consider 1. The arrangement and 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; i 4. The adequacy of proposed landscaping; 5. Elemnts of design affecting the performance]characteristics of the proposed dev opment; 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. I B. The Board may impose and/or recommend any conditions deemed reasonable and necessary to the approval of the proposed development plan. � ��°� t 07-1163.002/42122 2 U it J3'..:�J�� . i•`� i `� Ordinance No. 3866 SECTION 4. Section 244.09 of the Huntington Beach Zoning and Subdivision ` Ordinance is hereby amended to read as follows: X 244.09 Time Limit; Transferability,Discontinuance. A Design Review Board recommendation shall become null 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. (3680-12/04) SECTION 5. All other provisions of Chapter 244 not modified her n shall remain in full force and effect. SECTION 6. 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 ,� , 200 Mayor ATTEST: INITIAT D AND APPROVED: City Clerk Director o Planning REVIE D APPROVED: APPROVED AS TO FORM: iy A ministrator Cit Attorney a f, 07-1163.002/42122 3