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ZTA NO. 05-02 - ORD 3730
Council/Agency Meeting Held: G� Deferred/Continued to' p� R� ,s 4 t,G Approved 0 Conditionally Approved ❑ Denied ity Clerk'sLtigjjzjrdAR Council Meeting Date: February 6, 2006 Department ID Number: PL 0 ,02OF !! in•Y 4.1. �"-r 1 t i Div., CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CIT COUNCIL MEMBERS SUBMITTED-BY: PEN L�PELB'RETH-GRAFT, C#Administrator PREPARED BY: HOWARD ZELEFSKY, Director of Planning HZ ky :�a,� SUBJECT: APPROVE ZONING TEXT AMENDMENT NO. 05-02 (LATTICE FENCE EXTENSIONS WITH NEIGHBORHOOD NOTIFICATION) Statement of Issue,Funding Source, Recommended Action,Alternative Action(s),.Analysis, Environmental Status,Attachment(s) Statement of Issue: Transmitted for your consideration .is Zoning Text Amendment No. 05-02 to amend the Huntington Beach Zoning and Subdivision Ordinance, Section 230.88 A, by deleting the Neighborhood Notification requirement for two-foot lattice extensions on the top of a six-foot high fence or wall on an interior property line. This request was initiated by the City Council. The Planning Commission and staff recommend approval and adoption of the ordinance as proposed because it will reduce processing time and fees for property owners. Funding Source: Not applicable. Recommended Action: PLANNING COMMISSION AND STAFF RECOMMENDATION: Motion to: "Approve Zoning Text Amendment No. 05-02 with findings for approval (ATTACHMENT NO. 1)" and adopt Ordinance No. an ordinance amending Chapter 230 of the Huntington Beach Zoning and Subdivision Ordinance Titled Site Standards (ATTACHMENT NO. 2)." i REQUEST FOR- ACTIM- MEETING DATE:, February,6 200&� DEPARTMENT ID NUMBER: PL 06-02 Planning Commission Action on December 13, 2005: THE MOTION MADE BY DINGWALL, SECONDED BY HORGAN TO APPROVE ZONING TEXT AMENDMENT NO. 05-02 AS SUBMITTED AND FORWARD TO CITY COUNCIL CARRIED BY THE FOLLOWING VOTE: AYES: RAY, DINGWALL, SCANDURA, BURNETT, DWYER, HORGAN, LIVENGOOD NOES: NONE ABSENT: NONE ABSTAIN: NONE - MOTION PASSED Alternative Actionfs): The City Council may make the following alternative motion(s): 1. "Continue Zoning Text Amendment No. 05-02 and direct staff accordingly." 2. "Deny Zoning Text Amendment No. 05-02 with Findings for Approval." Analysis: A. PROJECT PROPOSAL: Applicant: City of Huntington Beach Location: 2000 Main Street, Huntington Beach, CA 92648 Zoning Text Amendment No. 05-02 represents a request to amend Section 230.88 A, Permitted Fences and Walls of the Huntington Beach Zoning and Subdivision Ordinance (ZSO) by deleting the Neighborhood Notification requirement for two-foot lattice fence extensions on the top of a six-foot high fence on an interior property line. Currently, a two- foot extension of a six-foot high fence on an interior property line is allowed without a building permit but requires Neighborhood Notification pursuant to Chapter 241 of the ZSO. The process to amend the ZSO is in accord with Section 247.02 of the ZSO. B. BACKGROUND The City Council adopted Permit Streamlining Phase II in April 2005. The adopted ordinances became effective on June 2, 2005. At that time, Section 230.88, subsection A., Permitted Fences and Walls, was amended to allow a two-foot lattice extension to the top of a six-foot high fence for a total of eight-feet one an interior property line without a building permit but with a 300-foot radius Neighborhood Notification requirement. KoWOZZTA05-02=Fence;Extensionstx -2- 1/19I20061:57 PM REQUEST FOR ACTION MEETING DATE: February 6, 2006 DEPARTMENT ID NUMBER: PL 06-02 The notification process involves the noticing of property owners and tenants within a 300- foot radius of the subject property which costs an applicant approximately $200.00 to $300.00 to have prepared and mailed. In addition, the implementation process for Neighborhood Notification requires a City of Huntington Beach Administrative Permit at a cost of $530. The application fee and noticing requirements can exceed the cost for such lattice extensions. To address this concern about processing cost, on September 6, 2005, the City Council voted to direct staff to initiate a zoning text amendment to change the ZSO '(Attachment Nos. 4 & 5) by deleting the 300-foot notification requirement. C.- PLANNING COMMISSION MEETING On November 8, 2005, the Planning Commission held a study session to review the proposed zoning text amendment. The Planning Commission public hearing was held on December 13, 2005, at which time Zoning Text Amendment No. 05-02 was approved. One person spoke in favor of the item. The Planning Commission discussed the notification process, fence extension design options, and common wall agreements. D. STAFF ANALYSIS AND RECOMMENDATION: The amendment improves the permit process by reducing processing time and eliminating costs. The benefits to residents are no permit fee,-no cost for notification labels or postage, and no administrative processing requirements. The deletion of the Neighborhood Notification process with Administrative Permit eliminates approximately $700 to $800. in costs to property owners requesting to add a two-foot extension to six--foot high walls and fences. Although the amendment eliminates the need for Neighborhood .Notification, the code will still require property owners to provide a courtesy notification to adjacent property owners in the form of a-letter. Staff recommends the City Council approve Zoning Text Amendment No. 05-02 because it will reduce processing time and eliminate fees for property owners. Environmental Status: The proposed zoning text amendment is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act, PL06-02 ZTA 05-02 Fence Extensions -3- 1/27/2006 10:50 AM. REQUEST-FOR ACTION MEETING DATE: ,February 6, 2006 DEPARTMENT ID NUMBER: PL 06-02 Attachment(s): City Clerk's Page Number No. Description Suggested Findings for Approval —ZTA No. 05-02 (Approved by the Planning Commission) 2. Ordinance No. 3 3 (ZTA No. 05-02) 3. Legislative Draft ZTA No. 05-02 (HBZSO Section 230.88, A.2) 4. H-item Memo from Mayor Hardy dated August 29, 2005 5. City Council Minutes dated Sept. 6, 2005 6. Planning Commission Staff Report dated December 13, 2005 7. Power Point Presentation RCA Author: Rosemary Medel/Mary Beth Broeren PL06-02 ZrA-05-0ZFence Extensions A. , 1/1912006 1:57 PM ATTACHMENT 1 SUGGESTED FINDINGS ZONING TEXT AMENDMENT NO. 05-02 SUGGESTED FINDINGS FOR APPROVAL—ZONING TEXT AMENDMENT NO. 05-02: 1. Zoning Text Amendment No. 05-02 to amend Section 230.88 A, Permitted Fences and Walls of the Zoning and Subdivision Ordinance is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan because the amendment streamlines the entitlement process for an extension of height to an existing fence thereby furthering the City's development goals. 2. In the case of a general land use provision, the zoning text amendment is compatible with the uses authorized in, and,the standards prescribed for, the zoning district for which it is proposed. The amendment revises processing requirements and clarifies permitted use within the zoning classification. 3. A community need is demonstrated for the change proposed as directed by the City Council. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice by codifying existing policies and creating a zoning and subdivision ordinance more reflective of City priorities. LATTACHMENT 2 ORDINANCE NO. 3 7 3 p AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 230 OF THE M NTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TITLED SITE STANDARDS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 230.88 A- 2. Permitted Fences and Walls of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended as follows: A.2. Fences or walls a maximum of six (6) feet in height may be located in required°side or rear yards, except as excluded in this Section. Fences or walls exceeding six (6) feet in height may be located in conformance with the yard requirements applicable to the main structure except as provided for herein or in the regulations of the district in, which they are located. a. Fences and walls located adjacent to arterials along the rear and/or street side yard property lines, and behind the front setback, may be constructed to a maximum total height of eight(8)feet including retaining wall with the following: (I) The proposed building materials and design shall be in conformance with the Urban Design Guidelines. (2) Extensions to existing wall(s) shall require submittal of engineering calculations to the Building and Safety Department. (3) The property owner shall be responsible for the care and maintenance of the landscape area(s) and wall(s) and required landscape area(s) (4) Approval from Public Works Department. b. Exception: A maximum two foot(2') lattice extension(wood or plastic).that is substantially open may be added to the top of the six foot(6') high wall or fence • on the interior property line without Building Permits so long as notification to the adjacent property,owners is provided. SECTION 2. All other provisions of Chapter 230 not modified herein shall remain in full force and effect. SECTION 3. This ordinance shall become effective 30 days after its.adoption. ord/06zoninglchap 230 1 Ord. NO. 3730 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 21 st day of February , 2006. Mayor REVIEWED AND APPROVED= APPROVED AS TO FORM: ity Aahtinistrator City Attorney 1 TNIT TED AND APPROVED: ector o tanning F - or&06zoninglchap 230 2 Ord. No. 3730 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 n Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof he on the 6th day of February, 2006 and was again read to said City Council at a regular meeting thereof held on the 21st daV of Fehruarv, 2006, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Bohr, Green, Coerper, Sullivan, Hardy, Hansen, Cook NOES: None ABSENT: None ABSTAIN: None I,Joan L.Flynn,CITY CLERIC of the City of I Iuntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis ofthis ordinance has been published in the Huntington Beach Fountain Valley Independent on March 2,2006 'B In accordance with the City Charter of said City itv Clerk and ex-officW Clerk Joan L. Flynn Citv Clerk of the City Council of the City _ Deputy City Clerk of Huntington Beach, California ORDINANCE NO 3 �30 - LEGISLATIVE DRAFT �[ Chapter 230 Site Standards, (3249 6/95 3301 11/95 3334 6/97 3410 3/99 3455 5/00 3482 12/00 3494 5101 3525 2/02 3568 9/02 EMG 3594 11102 EMG 3596 12/02 Resolution No 2004 80 11/04 3687 12/04 3710 6/05) Sections 23002 Applicability Residential Districts 23004 Front and Street Side Yards in Developed Areas 23006 Religious Assembly Yard Requirements 23008 Accessory Structures 23010 Accessory Dwelling Units 23012 Home Occupation in R Districts 23014 Affordable Housing Incentives/Density Bonus 23016 Manufactured Homes 230 18 Subdivision Sales Offices and Model Homes 23020 Payment of Park Fee 23022 Residential Infill Lot Developments 23024 Small Lot Development Standards (3455 5/00) 23026 Affordable Housing 23028 (Reserved) 23030 (Reserved) Non-Residential Districts 23032 Service Stations 23034 Housing of Goods 23036 Transportation Demand Management 23038 Game Centers 23040 Helicopter Takeoff and Landing Areas 23042 Bed and Breakfast Inns 23044 Recycling Operations 23046 Single Room Occupancy 23048 Equestrian Centers 23050 Indoor Swap Meets/Flea Markets 23052 (Reserved) 23054 (Reserved) 23056 (Reserved) 23058 (Reserved) 23060 (Reserved) All Districts 23062 Building Site Required 23064 Development on Substandard Lots 23066 Development on Lots Divided by District Boundaries 23068 Building Projections into Yards and Courts Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page i of 52 r 23070 Measurement of Height 23072 Exceptions to Height Limits 23074 Outdoor Facilities 23076 Screening of Mechanical Equipment 23078 Refuse Storage Areas 23080 Antennae 23082 Performance Standards for All Uses 23084 Dedication and Improvements 23086 Seasonal Sales 23088 Fencing and Yards 23090 Contractor Storage Yards/Mulching Operations 23092 Landfill Disposal Sites 23094 Carts and Kiosks 23096 Wireless Communication Facilities 23002 Applicability This chapter contains supplemental land use and development standards, other than parking and loading, landscaping and sign provisions, that are applicable to sites in all or several districts These standards shall be applied as specified in Title 21 Base Districts, Title 22 Overlay Districts and as presented in this chapter Residential Districts 23004 Front and Street Side Yards in Developed Areas Where lots comprising 60 percent of the frontage on a blockface in an R district are improved with buildings that do not conform to the front yard requirements, the Planning Commission may adopt by resolution a formula or procedure to modify the front and street side yard setback requirements The Planning Commission also may modify the required yard depths where lot dimensions and topography justify deviations Blocks with such special setback requirements shall be delineated on the zoning map Within the coastal zone any such setback modifications adopted by the Planning Commission shall be consistent with the Local Coastal Program (3334 6l97) 23006 Religious Assembly Yard Requirements Yards, height and bulk, and buffering requirements shall be as specified by a conditional use permit,provided that the minimum interior side yard and rear yard shall each be 20 feet Yards adjoining street property lines shall not be less than required for a permitted use 23008 Accessory Structures For purposes of applying these provisions, accessory structures are inclusive of minor accessory structures, except where separate provisions are provided in this section (3710 6105) A Timm Accessory structures shall not be established or constructed prior to the start of construction of a principal structure on a site except that construction trailers may be placed on a site at the time site clearance and grading begins and may remain on the site only for the duration of construction Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 2 of 52 Location Except as provided in this section, accessory structures shall not occupy a required front, side or street side yard or court, or project beyond the front building line of the principal structure on a site An accessory structure shall be setback 5 feet from the rear property line except no setback is required for accessory structures, excluding garages and carports which abut an alley (3710 6105) Minor accessory structures may be located in required side and rear yard setbacks provided that the structure is located in the rear two thirds of the lot and a minimum five foot clearance is maintained between said structure and dwelling if it is located in the required side yard Minor accessory structures that are decorative such as landscape garden walls, fire pits, freestanding barbecueslfireplaces, sculptures, and fountains may be located anywhere on the property provided (3710 6io5) 1 They do not exceed 6 feet in height or exceed 42 inches in height when located within the front yard setback and (3710 6105) 2 A minimum 5-foot clearance is maintained between said structure and the dwelling if it is located in a required side yard, and (3710 6105) 3 Rock formations shall be setback 1-foot from the side and/or rear property lines for each foot of rock formation height, maximum 5 foot setback required (3710 6105) i4-4-r- •T-a I vwrn % - i g L C Maximum Height 15 feet except a detached garage for a single family dwelling may exceed the maximum height when it is designed to be architecturally compatible with the main dwelling and does not include habitable floor area D Maximum Size in RL District In an RL district, the total gross floor area of accessory structures more than 4 feet in height that are not attached to a dwelling shall not exceed 600 square feet or 10 percent of lot area, whichever is more Huntington Beach lomng and Subdivision Ordinance Chapter 230 Page 3 of 52 E Patio Covers A patio cover open on at least 2 sides and complying with all other provisions of this subsection may be attached to a principal structure provided a 5 foot clearance to all property lines is maintained F Decks A deck 30 inches or less in height may be located in a required yard G Separation The distance between buildings on the same lot shall not be less than 10 feet 23010 Accessory Dwelling Units A Permit Required Accessory dwellings may be permitted in all R districts on lots with a single family dwelling subject to Director approval Requests shall be submitted to the Director accompanied by the required Neighborhood Notification plans and elevations showing the proposed accessory dwelling and its relation to the principal dwelling descriptions of building materials, landscaping and exterior finishes to be used and parking to be provided and any other information required by the Director to determine whether the proposed unit conforms to all requirements of this code The Director shall approve an accessory dwelling unit upon finding that the following conditions have been met (3710 6105) 1 The dwelling conforms to the design and development standards for accessory dwelling units established in Subsection (B) of this Section 230 10 and Section 230 22 A, (3710 6105) 2 The accessory unit maintains the scale of adjoining residences and is compatible with the design of existing dwellings in the vicinity in terms of building materials, colors and exterior finishes, 3 The main dwelling or the accessory dwelling will be owner occupied, and 4 Public and utility services including emergency access are adequate to serve both dwellings B Design and Development Standards 1 Minimum Lot Size 6,000 square feet 2 Maximum Unit Size The maximum square footage of the accessory dwelling unit shall not exceed 650 square feet and shall not contain more than one bedroom 3 Required Setbacks Accessory dwelling units shall comply with minimum setbacks of Chapter 210 I I 4 Height and Building Coverage The basic requirements of Chapter 210 shall apply unless modified by an overlay district I 5 Parking All parking spaces shall comply with Section 231 18D (3334 6/97) 6 Design The accessory unit shall be attached to the main dwelling unit in such a manner # as to create an architecturally unified whole not resulting in any change to the visible character of the street The entrance to the accessory unit shall not be visible from the street in front of the main dwelling unit Building materials, colors and exterior finishes should be substantially the same as those on the existing dwelling i Huntineton Beach Zoning and Subdivision Oidmance Chapter 230 Page 4 of 52 C Ownership The second unit shall not be sold separately from the main dwelling unit D Covenant A covenant with the ownership requirements shall be filed for recordation with the County Recorder within 30 days of Planning department Plan Check approval and issuance of building permits Evidence of such filing shall be submitted to the Director within 30 days of approval (3710 6105) E Parkland Dedication In-lieu Fee A parkland dedication in-lieu fee shall be assessed as set by resolution of the City Council pursuant to Section 230 20 and paid prior to issuance of the building permit (3710 6105) 23012 Home Occupation in R Districts A Permit Required A home occupation in an R district shall require a Home Occupation Permit obtained by filing a completed application form with the Director The Director shall approve the permit upon determining that the proposed home occupation complies with the requirements of this section B Contents of Application An application for a Home Occupation Permit shall contain 1 The name, street address, and telephone number of the applicant, 2 A complete description of the proposed home occupation, including number and occupation of persons employed or persons retained as independent contractors, amount of floor space occupied provisions for storage of materials and number and type of vehicles used C Required Conditions Home occupations shall comply with the following conditions 1 A home occupation shall be conducted entirely within one room in a dwelling No outdoor storage shall be permitted Garages shall not be used in connection with such business except to park business vehicles 2 No one other than a resident of the dwelling shall be employed on-site or report to work at the site in the conduct of a home occupation This prohibition also applies to independent contractors 3 There shall be no display of merchandise projects, operations, signs or name plates of any kind visible from outside the dwelling The appearance of the dwelling shall not be altered, or shall the business be conducted in a manner to indicate that the dwelling or its premises is used for a non-residential purpose whether by colors, materials, construction, lighting, windows signs, sounds or any other means whatsoever 4 A home occupation shall not increase pedestrian or vehicle traffic in the neighborhood 5 No commercial vehicle or equipment used in conjunction with the home occupation shall be parked overnight on an adjacent street or in any yard visible from the street 6 No motor vehicle repair for commercial purposes shall be permitted 7 A home occupation shall not include an office or salesroom open to visitors and there shall be no advertising of the address of the home occupation Huntington BLaLII Zoning and Subdivision Ordinance Chapter 230 Page 5 of 52 8 Neighborhood Notification shall be in compliance with Chapter 241 when a home occupation involves instruction and/or service, e g music lessons beauty shop, swimming lessons Where a home occupation involves swimming instruction in an outdoor swimming pool each swimming class shall be limited to 4 students, and no more than 2 vehicles shall be used to transport students to such classes (3710 6105) 9 Any authorized City employee may inspect the premises of a home occupation upon 48 hours nonce to ascertain compliance with these conditions and any requirements of this code The permit for a home occupation that is not operated in compliance with these provisions shall be revoked by the Director after 30 days written notice unless the home occupation is altered to comply 23014 Affordable Housing Incentives/Density Bonus A When a developer of a residential property which is zoned and general planned to allow five (5) or more dwelling units proposes to provide affordable housing he or she may request a density bonus and/or other incentive through a conditional use permit subject to the provisions contained in this section A density bonus request pursuant to the provisions contained within this section shall not be denied unless the project is denied in its entirety B The City may grant incentives to the developer An incentive includes, but is not limited to, the following 1 A density bonus 2 A reduction in site development standards or architectural design requirements which exceed the minimum building standards contained within the Uniform Building Code as adopted by the City including but not limited to, a reduction in setback lot coverage floor area ratio, parking and open space requirements 3 Approval of mixed use zoning in conjunction with the housing project if commercial, office industrial or other land uses will reduce the cost of the housing development and if the commercial, office, industrial or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located 4 A reduction in development and/or processing fees 5 Other regulatory incentives or concessions proposed by the developer or the City which result in identifiable cost reductions 6 Financial assistance by the City i e , housing set-aside funds 7 Other incentives mutually agreeable to the City and developers consistent with all City, State and Federal laws, rules standards, regulations and policies C Target rents/mortgage payments 1 For the purpose of this section, units designated for moderate income household shall be affordable at a rent or mortgage payment that does not exceed twenty-five percent (25%) of the gross family income Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 6 of 52 2 For the purpose of this section units designated for lower income households shall be affordable at a rent or mortgage payment that does not exceed thirty percent (30%) of sixty percent (60%) of the Orange County median income as defined by the State of California Department of Housing and Community Development 3 For the purpose of this section those units designated for very low income households shall be affordable at a rent or mortgage payment that does not exceed thirty percent (30%) of fifty percent (50%) of the Orange County median income as defined by the State of California Department of Housing and Community Development D Affordability requirements 1 Percentage,of affordable units required To qualify for a density bonus and/or other incentives, the developer of a residential project must agree to one of the following a Provide at least twenty percent (20%) of the total units of the housing development for lower income households, or b Provide at least ten percent (10%) of the total units of the housing development for very low income households or c Provide at least fifty percent (50%) of the total units of the housing development for qualifying senior residents The density bonus shall not be included when determining the number of housing units required to be affordable Remaining units may be rented, sold, or leased at "market" rates If a developer is granted a density bonus in excess of twenty-five percent (25%), those additional units above the twenty-five percent (25%) may be required to be maintained affordable for 'moderate income ' households 2 Duration of affordability Units required to be affordable as a result of the granting of a density bonus and other incentives shall remain affordable for thirty(30) years If the City does not grant at least one concession or incentive pursuant to this chapter in addition to the density bonus or provides other incentives in lieu of the density bonus, those units required to be affordable shall remain so for ten (10) years 3 Affordable unit distribution and product mix Affordable units shall be located throughout the project and shall include a mixture of unit types in the same ratio as provided throughout the project 4 Affordability agreement Affordability shall be guaranteed through an "Affordability Agreement" executed between the developer and the City Said agreement shall be recorded on the subject property with the Orange County Recorder's Office as provided in Section 65915 et seq of the California Government Code, prior to the issuance of building permits and shall become effective prior to final inspection of the first unit The subject agreement shall be legally binding and enforceable on the property owner(s) and any subsequent property owner(s) for the duration of the agreement The agreement shall include but is not limited to the following items a The number of and duration of the affordability for the affordable units Huntington RcaCh Zoning ind Subdivision Ordinance Chapter 230 1 ige 7 of 52 b The method in which the developer and the City are to monitor the affordability of the subject affordable units and the eligibility of the tenants or owners of those units over the period of the agreement, c The method in which vacancies will be marketed and filled, d A description of the location and unit type (bedrooms, floor area, etc ) of the affordable units within the project, and e Standards for maximum qualifying household incomes and standards for maximum rents or sales prices 5 City action Pursuant to this section the City shall a Grant a density bonus and at least one of the concessions or incentives identified in Section 230 18B unless the City makes a written finding that the additional concession or incentive is not required in order for rents or mortgage payments to meet the target rates or b Provide other incentives of equal value to a density bonus as provided in Section 65915, et seq of California Government Code The value of the other incentives shall be based on the land cost per dwelling unit E Procedure 1 In addition to submitting all documentation required to apply for a conditional use permit, a developer requesting a density bonus or other incentive pursuant to this section shall include the following in the written narrative supporting the application a A general description of the proposed project, general plan designation, applicable zoning maximum possible density permitted under the current zoning and general plan designation and such other information as is necessary and sufficient The property must be zoned and general planned to allow a minimum of five (5) units to qualify for a density bonus b A calculation of the density bonus allowed c In the case that the developer requests the City to modify development standards as another incentive a statement providing a detailed explanation as to how the requested incentive will enable the developer to provide housing at the target rents or mortgage payments Modification of development standards will be granted only to the extent necessary to achieve the housing affordability goals set forth herein d A statement detailing the number of density bonus units being proposed over and above the number of units normally permitted by the applicable zoning and general plan designations 2 All subsequent City review of and action on the applicants proposal for a density bonus and/or consideration of any requested other incentives shall occur in a manner concurrent with the processing of the conditional use permit and any other required entitlements, if any If the developer proposes that the project not be subject to impact fees or other fees regularly imposed on a development of the same type, final approval will be by the City Council Huntington BLach/oning and Subdivision Ordinance ChaptLr 230 Page 8 of 52 3 The Planning Commission/City Council shall review the subject Affordability Agreement concurrently with the development proposal No project shall be deemed approved until the Affordability Agreement has been approved by the City Council (3710 6105) 4 The Planning Commission/City Council may place reasonable conditions on the granting of the density bonus and any other incentives as proposed by the applicant However, such conditions must not have the effect, individually or cumulatively, of impairing the objective of California Government Code Section 65915 et seq and this section, of providing affordable housing for qualifying residents, lower or very low income households in residential projects 5 A monitoring fee, as established by resolution of the City Council, shall be paid by the applicant to the City prior to issuance of a certificate of occupancy for the first unit This fee shall be in addition to any other fees required for the processing of the conditional use permit environmental analysis, and/or any other entitlements required F Required findings for approval 1 Density bonus In granting a conditional use permit for a density bonus, the Planning Commission/City CounciI shall make all of the following findings a The proposed project which includes a density bonus, can be adequately serviced by the City and County water sewer, and storm drain systems without significantly impacting the overall service or system b The proposed project, which includes a density bonus, will not have a significant adverse impact on traffic volumes and road capacities, school enrollments, or recreational resources c The proposed project which includes a density bonus is compatible with the physical character of the surrounding area d The proposed project which includes a density bonus is consistent with the overall intent of the General Plan e if located within the coastal zone, the proposed project which includes a density bonus will not result in the fill, dredge or diking of a wetlands (3334 6197) 2 Other incentives A request for an additional incentive shall not be denied by the Planning Commission or City Council unless a finding is made that the incentive is not necessary to the establishment of affordable units In granting any other incentives as defined in this section, the Planning Commission/City Council shall be required to make all of the following findings a The granting of the proposed other incentive(s) will not have an adverse impact on the physical character of the surrounding area b The granting of the proposed other incentive(s) is consistent with the overall intent of the General Plan c The granting of the proposed other incentive(s)will not be detrimental to the general health, welfare, and safety of persons working or residing in the vicinity Huntington Beach Lonmo and Subdivision Ordinance Chapter 230 Page,9 of 52 d The granting of the proposed other incentive(s) will not be injurious to property or improvements in the vicinity e The granting of the proposed other incentive(s) will not impose an undue financial hardship on the City f If the other incentive is a modification of development standards the granting of the other incentive is necessary to achieve the target affordable rents/mortgage payments for the affordable units g The granting of the proposed other incentive will not result in the filling or dredging of wetlands (3334 6197) 23016 Manufactured Homes A General Requirements Manufactured homes may be used for residential purposes if such manufactured home conforms to the requirements of this section and is located in an R district Manufactured homes also may be used for temporary uses subject to the requirements of a temporary use permit issued under Chapter 241 B Location and Design Requirements Manufactured homes may be located in any R district where a single family detached dwelling is permitted, subject to the same restrictions on density and to the same property development standards, provided that such manufactured home meets the design and locational criteria of this subsection These criteria are intended to protect neighborhood integrity, provide for harmonious relationship between manufactured homes and surrounding uses and minimize problems that could occur as a result of locating manufactured homes on residential lots 1 Location Criteria Manufactured homes shall not be allowed a On substandard lots that do not meet the dimensional standards of Chapter 210, b As a second or additional unit on an already developed lot, or c As an accessory building or use on an already developed lot 2 Design Criteria Manufactured homes shall be compatible in design and appearance with residential structures in the vicinity and shall meet the following standards a Each manufactured house must be at least 16 feet wide, , b It must be built on a permanent foundation approved by the Building Official c It must have been constructed after ,tune 1, 1979, and must be certified under the National Manufactured Home Construction and Safety Act of 1974, d The unit's skirting must extend to the finished grade, e Exterior siding must be compatible with adjacent residential structures, and shiny or metallic finishes are prohibited, 3 f The roof must have a pitch of not fewer than 2 inches vertical rise per 12 inches horizontal distance with eave overhangs a minimum of 12 inches, , Huntington Beach Zoning tnd Subdivision ordinance Chapter 210 Page 10 of 52 1 g The roof must be of concrete or asphalt the shakes or shingles complying with the most recent editions of the Uniform Building Code fire rating approved in the City of Huntington Beach, h The floor must be no higher than 20 inches above the exterior finished grade, and i Required enclosed parking shall be compatible with the manufactured home design and with other buildings in the area C Cancellation of State Registration Whenever a manufactured home is installed on a permanent foundation, any registration of said manufactured home with the State of California shall be canceled pursuant to state laws and standards Before occupancy the owner shall provide to the Director satisfactory evidence showing that the state registration of the manufactured house has been or will with certainty, be canceled, if the manufactured house is new and has never been registered with the state the owner shall provide the Director with a statement to that effect from the dealer selling the home 23018 Subdivision Sales Offices and Model Homes Subdivision sales offices and model homes in conjunction with an approved subdivision is permitted with the following requirements (3525 2/02) A The office shall be discontinued within 30 days following sale of the last on site unit A cash bond shall be posted with the City in the amount of$1,000 for the sales office and $1,000 for each model home to guarantee compliance with the provisions of this code B The developer or contractor shall furnish a site plan showing the placement of the sales office and all model signs, parking signs, directional signs, temporary structures, parking and landscaping C No sales office shall be converted or expanded into a general business office for the contractor or developer 23020 Payment of Park Fee As a condition of development approval all new commercial and industrial development and all new residential development not covered by Chapter 254 of Title 25, Subdivision Ordinance, except for mobile home parks, shall pay a park fee The fees shall be paid and calculated according to a schedule adopted by City Council resolution (EMG 3594 11102 EMG 3596 12102) 23022 Residential Infill Lot Developments The following Residential Infill requirements are intended to minimize impacts on contiguous developed single family residential property and provide standards that insure compatibility and appropriate design for projects located within existing residential neighborhoods, unless to do so would contravene the terms of an existing Development Agreement (3301 11195) Infill development site plans and building design shall be harmonious and compatible with streets driveways property lanes, and surrounding neighborhood Compatibility considerations should include but not be limited to lot size lot frontages building layout, building configuration and design building materials, product type, grade height and building height relative to existing dwellings and visual intrusion concerns The Director of Planning shall cause all requests for plan check and issuance of building permits for residential Infill lot development to be reviewed in accordance with these requirements (3301 11195 3710 6105) Huntington Beach Zoning and Subdivision Ordlname Chapter 230 1 age i l of 52 A Privacy Design Standards 1 New residences and accessory dwelling units shall off set windows from those on existing residences to insure maximum privacy The use of translucent glass or similar material shall be used for all bathroom windows facing existing residences Consider locating windows high on elevations to allow light and ventilation, and insure privacy (3301 11/95 3710 6/05) 2 Minimize the canyon effect between houses by clipping roof elevations on side yards Provide roof line variations throughout a multi-dwelling infill development (3301 11195) 3 Provide architectural features (projections, off-sets) to break up massing and bulk 4 Upper story balconies shall be oriented toward the mfill house s front or rear yard areas, a public street or permanent open space (3301 11195) B Noise Considerations 1 Swimming pool/hot tub equipment, air conditioning equipment and other permanently installed motor driven equipment shall be located to minimize noise impacts on contiguous residences (3301 11/95) C Pad Height 1 Pad height for new construction shall match to the extent feasible pad heights of contiguous residences Any property owner/developer who intends to add fill above the height of the existing contiguous grades shall demonstrate to the Community Development Director and the City Engineer that the additional fill is not detrimental to surrounding properties in terms of compatibility and drainage issues (3301 11195) D Public Notification Requirements I Ten (10) working days prior to submittal for plan check (plan review) the applicant shall gave notice of the application to adjacent property owners and the City of Huntington Beach, Department of Community Development by first class mail The notice of application shall include the following (3301 11195) a Name of applicant, b Location of planned development including street address (if known) and/or lot and t tract number, (3301 11195) c Nature of the planned development including maximum height and square footage of each proposed infill dwelling unit, (3301 11195) ' d The City Hall telephone number for the Department of Community Development to call for viewing plans, e The date by which any comments must be received in writing by the Department of Community Development This date shall be ten (10) working days from plan check (plan review) submittal, and f The address of the Department of Community Development a Huntington Beach Lonanb and Subdivision Ordan ante Ch aptc r 230 1 age 12 of 52 I r 2 The applicant shall submit a copy of each notice mailed and proof of mailing of the notice(s) when submitting the application for plan check (plan review) The adjacent property owners shall have ten (10) working days from plan check (plan review) submittal to provide comments regarding the application to the Director of Community Development All decisions of the Director regarding the application shall be final (3301 11195) 1 230 24 Small Lot Development Standards A Permitted Uses The following small lot development standards are provided as an alternative to attached housing in multi-family districts Small lot developments are permitted in RM, RMH, and RH Districts (excluding RL Districts and RMH-A Subdistricts) subject to approval of a Conditional Use Permit and Tentative Map by the Planning Commission The Design Review Board shall review and forward recommendations on all small lot development proposals prior to Planning Commission action These standards shall apply to all small lot subdivisions whether the tentative map is designed with single units per lot, or multiple units per lot (condominium) B Design standards The following standards shall be considered by the Planning Commission prior to development approval 1 Architectural features and general appearance of the proposed development shall enhance the orderly and harmonious development of the area or the community as a whole 2 Architectural features and complementary colors shall be incorporated into the design of all exterior surfaces of the building in order to create an aesthetically pleasing project 3 All vehicular access ways shall be designed with landscaping and building variation to eliminate an alley like appearance C Development Standards The following standards shall apply to all small lot developments Minimum Building Site or Lot Size 3,100 sq ft (3,400 sq ft avg) Minimum Lot Frontage 40 ft Cul de sac and knuckle 30 ft Maximum Height Dwellings 30 ft , max 2 stories except 3rd level permitted<500 sq ft Min 5112 roof pitch No decks above the second story Accessory Structures 15 ft Minimum Setbacks Front Dwelling 15 ft + offsets in front facade Covered Porches (umenclosed) loft Garage 18 ft Upper Story Upper story setback shall be varied Side 8 ft aggregate, min 3 ft 0 ft permitted with min 8 ft on other side Street Side 10 ft , includes min 4 ft landscape lettered lot Huntington BeaLh Zoning and Subdivision Ordinance Chapter 230 Page. t 3 of 52 I 1 (6 ft between bldg and prop line) Rear Dwelling 15 ft , 50% of bldg width may be at 13 ft Garage 3 ft , 0 ft if garage is designed to back to another garage Maximum Lot Coverage 50% + 5% for covered porches, patio covers, balconies Maximum Floor Area Ratio (FAR) 07 Minimum interior Garage Min 400 sq ft , Dimension (width x depth) min 18 ft wide Minimum Building Separation to 6 ft Accessory Building Open Space Common recreational area Projects of 20 units or more (project) 150 sq ft /unit, min 5,000 sq ft , min 50 ft dimension Projects less than 20 units Min 600 sq ft private and/or common per unit Private open space excludes side and front yard setback areas Common open space requires min 10 ft dimension Required Parking Small lot developments shall provide parking consistent with single family residential developments specified in Chapter 231 In addition, minimum I on street space per unit for guest/visitor parking shall be provided A parking plan depicting the location of all parking spaces shall be submitted with the conditional use permit application Street Sections Streets The city shall review proposed street sections upon submittal of the tentative map and conditional use permit applications Min 36 ft curb to curb may be permitted provided all units in the development are equipped with automatic sprinkler systems—On-street parking shall be provided on both sides of the street Sidewalks/Parkways Sidewalks shall be provided on both sides of the street Min 6 ft landscape parkways may be provided on both sides of the street Sidewalk widths shall be designed to Public Works Standards Walls and Fences Block walls required, may allow wrought iron element where appropriate Hunttn�ton Beacb lontnt,and Subdivtaton Otdin tnU Lb tptLr 210 rage 14 of 52 I Landscaping Tree wells adjacent to landscape parkways on the street side of curb is encouraged, however shall not encroach into the min 24 foot wide drive aisle Also see Chapter 232 Landscaping 230 26 Affordable Housing (3687 1M4) A Purpose 1 The purpose and intent of this Chapter is to implement the goals objectives and policies of the City s Housing Element It is intended to encourage very low, low-and median income housing, which is integrated compatible with and complements adjacent uses, and is located in close proximity to public and commercial services (3687 12/04) 2 The affordable housing program is one tool the City utilizes to meet its commitment to provide housing affordable to all economic sectors, and to meet its regional fair- share requirements for construction of affordable housing (3687 12/04) B Applicability This section shall apply to new residential projects three (3) or more units in size (3687 12104) 1 A minimum of ten (10) percent of all new residential construction shall be affordable housing units (3687 12104) , 2 Rental units included in the project shall be made available to very low or low- income households based on the Orange County Median Income adjusted for appropriate family size as published by the United States Department of Housing I and Urban Development or established by the State of California, pursuant to Health and Safety Code Section 50093, or a successor statute (3687 12iO4) 3 For sale units included in the project shall be made available to very low, low or i median income level households based on the Orange County Median Income adjusted for appropriate family size as published by the United States Department of Housing and Urban Development or established by the State of California pursuant to Health and Safety Code Section 50093 or a successor statute (3687 12104) 4 Developers of residential projects consisting of nine or fewer units may elect to pay a fee in lieu of providing the units on site to fulfill the requirement of the Section unless the affordable housing requirement is outlined as part of a specific plan project (3687 12iO4) 5 Developers of residential projects may elect to provide the affordable units at an off site location pursuant to subsection B unless otherwise outlined as part of a specific plan project If affordable units are off site, they must be under the full control of the applicant, or other approved party (3687 12104) Huntington Beach Zoning and Subdnision Ordmamt Chaptu 230 Ya�e 15 of 52 6 New residential projects shall include construction of an entirely new project or new units added to an existing project For purposes of determining the required number of affordable housing units, only new units shall be counted (3687 12iO4) C Fees in Lieu of Construction 1 Fees paid to fulfill the requirements of this Section shall be placed in the City s Affordable Housing Trust Fund, the use of which is governed by subsection E (3687 12I04) 2 The amount of the in-lieu fees shall be calculated using the fee schedule established annually by resolution of the City Council (3687 12/04) 3 One hundred(100) percent of the fees required by this Section shall be paid prior to issuance of a building permit (3687 12104) 4 Fees paid as a result of new residential projects shall be based upon the total number and size of the new residential units which are to be constructed (3687 1004) D Off-Site Construction of Affordable Units Except as may be required by the California Coastal Act and/or the California Government Code Section 65590 or a successor statute, developers may provide the required affordable housing off-site at one or several sites, within the City of Huntington Beach (3687 12104) 1 Off site projects may be new construction or major physical rehabilitation equal to more than one third the value of the existing improvement, excluding land value, of existing non-restricted units conditioned upon being restricted to long- term affordability At Risk units identified in the Housing Element or mobile homes may be used to satisfy this requirement (3687 12104) 2 All affordable off site housing shall be constructed or rehabilitated prior to or concurrently with the primary project Final approval (occupancy) of the first market rate residential unit shall be contingent upon the completion and public availability or evidence of the applicant s reasonable progress towards attainment of completion of the affordable units (3687 12104) E Miscellaneous Provisions 1 The conditions of approval for any project that requires affordable units shall specify the following items (3687 12104) (a) The density bonus being provided pursuant to Section 230 14 if any, (3687 12)04) I (b) The number of affordable units (3687 12/04) i (c) The number of units at each income level as related to Orange County Median Income and (3687 12104) Huntington Beach Zoning and subdivision Ordinance Chdptcr 23O Page 16 of 52 (d) A list of any other incentives offered by the City (3687 12104) 2 An Affordable Housing Agreement outlining all aspects of the affordable housing provisions shall be executed between the applicant and the City and recorded with the Orange County Recorder s Office prior to issuance of the first building permit (3687 12104) 3 The Agreement shall specify an affordability term of not less than sixty (60) years (3687 12104) 4 In a project requiring an in lieu fee, the applicant shall execute and record an Agreement to pay an Affordable Housing In-Lieu Fee (3687 12104) 5 All affordable on-site units in a project shall be constructed concurrently with or prior to the construction of the primary project units unless otherwise approved through a phasing plan Final approval (occupancy) of the first market rate residential unit shall be contingent upon the completion and public availability, or evidence of the applicant s reasonable progress towards attainment of completion of the affordable units (3687 12104) 6 All affordable units shall be reasonably dispersed throughout the project unless 1 otherwise designed through a master plan, shall contain on average the same number of bedrooms as the market rate units in the project, and shall be comparable with the market rate units in terms of exterior appearance, materials and finished quality (3687 12104) 7 Affordable Housing Trust Funds shall be used for projects which have a minimum of fifty(50) percent of the dwelling units affordable to very low- and low-income households, with at least twenty (20) percent of the units available to very low income households Concurrent with establishing the annual fee schedule pursuant to subsection C the City Council shall by resolution set forth the permitted uses f of Affordable Housing Trust Funds All units that obtain Affordable Housing Trust Funds shall maintain the affordability of the units for a minimum of sixty (60) years The funds may at the discretion of the City Council, be used for pre development costs, land or air rights acquisition rehabilitation, land write downs administrative costs, gap financing or to lower the interest rate of construction loans or permanent financing (3687 12104) 8 New affordable units shall be occupied in the following manner (3687 12104) (a) If residential rental units are being demolished and the existing tenant(s) meets the eligibility requirements he/she shall be given the right of first refusal to occupy the affordable unit(s), or (3687 12104) (b) if there are no qualified tenants or if the qualified tenant(s) chooses not to exercise the right of first refusal, or if no demolition of residential rental units occurs then qualified households or buyers will be selected (3687 12104) f iunpngton BeaLh Zoning and Suhdi%iaion OrdindnLL Chapter 230 Page. 17 of 52 j F Price of Affordable Units Affordable units shall be sold or rented at prices affordable to very low, low- or median-income households pursuant to terms of the Affordable Housing Agreement (368712/04) 230 28 (Reserved) 230 30 (Reserved) Non-Residential Districts 23032 Service Stations The following supplemental development standards shall apply to the Service Station use classification A Minimum parcel size 22 500 square feet B Mlnrmum frontage 150 feet and located at the intersection of arterial highways C Site Layout Conditions of approval of a conditional use permit may impose restrictions on outdoor storage and display and location of pump islands, canopies and service bay openings and require buffering screening lighting, or planting areas necessary to avoid adverse impacts on properties in the surrounding area D Design standards 1 In reviewing proposals emphasis shall be placed on quality design of budding materials and landscape features Service stations shall be designed so that form and scale are harmonious and consistent with the character of the specific site, the adjacent uses and structures, and the general neighborhood 2 The location number and design of driveways as well as on and off-site traffic circulation impacts shall be analyzed 3 Service bay openings shall be designed to minnnrze the visual intrusion on surrounding streets and properties A maximum of 3 service bays shall be permitted per site none of which shall face a public right-of way 4 Lighting shall be of low profile design, indirect or diffused and shall create no negative impact on surrounding uses 5 A minimum 10 percent of the site shall be landscaped Landscaping plans shall conform to all applicable provisions of Chapter 232 as well as conform to the following requirements a A 3 foot-wide planter (inside dimension) along interior property lines shall be provided, except at vehicular circulation openings Additional landscaping may be required to screen service bays from surrounding properties b A 600 square foot planter with a minimum dimension of 20 feet shall be provided at the corner of intersecting streets c A total of 70 square feet of planting area shall be located adjacent to and on the street side of the main building Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 18 of 52 6 Buildings shall conform to the setback regulations stated for the district in which the site is located Pump islands and canopy structures shall maintain the following minimum setbacks from street side property lines Pump island 20 feet Canopy 10 feet with ground clearance of 12 feet E Storage of Materials and Equipment The provisions of Section 230 74, Outdoor Facilities, shall apply, except that a display rack for automobile products no more than 4 feet wide may be maintained at each pump island of a service station and a single tire storage display no more than 8 feet high and 16 feet long may be located on the site of a service station If display racks are not located on pump islands, they shall be placed within 3 feet of the principal building and shall be limited to 1 per street frontage Outside storage of motor vehicles for more than 24 hours (7 days if the vehicle 1s actively being serviced) is prohibited except as provided for truck and utility trailer rentals The location of display racks and vending machines shall be specified by the conditional use permit F Accessory The accessory uses listed below shall be permitted as included on the approved site plan Such uses shall be subordinate to the main operation and shall not impede safe vehicular and pedestrian circulation or be detrimental to surrounding properties or potential customers Such uses shall be included as part of the original conditional use permit request or shall be subject to a new conditional use permit if proposed subsequent to the original conditional use permit 1 Convenience markets are permitted provided no automotive repair or truck or trailer rental is permitted on the same site 2 Automatic washing cleaning and waxing of vehicles Such activity shall be of an integral design with the main structure 3 Truck and utility truck rental is permitted provided the trucks do not exceed 25 feet in length and are stored a minimum of 50 feet from the street property lines 23034 Housing of Goads All goods, wares, merchandise produce and other commodities which are stored or offered for sale or exchange in the commercial and industrial districts shall be housed in permanent buildings except as otherw>se provided by this code 23036 Transportation Demand Management A Purpose and intent It is the purpose and intent to implement the requirements of Government Code Section 65089 3(a)(2) to mitigate the impacts that development projects may have on transportation mobility, congestion and air quality and to promote transportation demand management strategies B Definitions For purposes of this Section the following definitions for the following terms shall apply 1 Alternative transportation mode Any mode of travel that serves as an alternative to the single occupant vehicle This can include all forms of ridesharing, public transit, bicycling or walking 2 Carpool Two (2) to six (6)persons traveling together in a single vehicle Huntington BLdLh Zoning and Subdivision Ordinance Chapter 230 Page 19 of 52 3 Employ Means any person employed by a firm, person(s), business, educational institution, non-profit agency or corporation, government agency, or other entity which employs 100 or more persons at a single worksite "Employee" shall include persons employed on a full time, part-time, or temporary basis 4 Employer Means any person(s), firm business, educational institution, government agency, non profit agency or corporation or other entity which employs or houses tenants that collectively employ 100 or more employees at a worksite on a full and/or part-time/temporary basis 5 Building Size Means the total gross floor area measured in square feet of a building or group of buildings at a worksite Includes the total floor area of both new development and existing facilities 6 Mixed-Use Development Means new development projects that integrate any one of these land uses with another residential, office, commercial, industrial and business park 7 Tenant Means the lessee of facility space at a development project who may also serve as an employer 8 Transportation Demand Management (TDM) Means the implementation of programs, plans or policies designed to encourage changes in individual travel behavior TDM can include an emphasis on alternative travel modes to the single occupant vehicle (SOV) such as carpools, vanpools and transit, and reduction of VMT and the number of vehicle trips 9 Vanpool Means a vehicle occupied by severe(7) or more persons traveling together 10 Worksite Means a building or group of buildings which are under common ownership and the place of employment, base of operation, or predominate location of an employee or group of employees C Applicability 1 These provisions apply to commercial, industrial institutional or other uses which are determined to employ 100 or more persons, as determined by the employee generation factors specified under subsection 4 This includes any permit for existing facilities that already have 100 or more employees or will have 100 or more employees 2 These provisions apply to all districts, planned communities and specific plan areas including those covered by development agreements These provisions shall supersede other ordinances with which there is a conflict 3 Notwithstanding "1" above, the following uses and activities shall be specifically exempt from the provisions of this Section a Temporary construction activities on any affected project, including activities performed by engineers architects, contract subcontractors and construction workers b Other temporary use classifications or as authorized by the Planning Zoning Administrator/Director when such temporary activities are for a period not to exceed 30 days and held no more than once a year (3710 6105) 4 Employee generation factors shall be based on one of the following a Employment projections developed by the property owner subject to approval by the Director, Huntington Beach Zoning and Subdivision OrdinanCL Chapter 230 Page 20 of 52 b Building sizes shall be considered equivalent to the 100 employee threshold as follows Building Size (in square feet) Type of Use Equivalent to 100 Employ Office/Professional 35 000 Hospital and Medical/Dental 40,000 Industrial (excluding Warehouses) 50,000 Commercial/Retail 50,000 Hotel 0 8 employees/hotel room Motel 1 2 Resort Hotel 100,000 Mixed or multiple use Warehouse 100,000 * The employment projection for a development of mixed or multiple uses shall be calculated on a case-by case basis based upon the proportion of development devoted to each type of use D Site development_standards Development projects subject to this section shall comply with the following site development standards 1 Parking for Carpool Vehicles a The following percentages of the total required parking spaces per Chapter 231 shall be reserved and designated for employee carpool vehicles by making such spaces "Carpool Only" Percent of Total Parking Devoted to Type of Use Employee Carpool Parking Office Professional 13% Hospital and Medical/Dental Office 9% Industrial/Warehouse 14% Commercial/Retail 5% Hotel space for every 2 employees b Carpool spaces shall be located near the building's identified employee entrance(s) or at other preferential locations within the employee parking areas as approved by the Director 2 Shower and Locker Facilities Shower and locker facilities shall be provided for use by employees or tenants who commute to the site by bicycle or walking The use of such facilities shall be provided at no cost to the user The design of such facilities shall be shown on the plot plans in the permit application and conform to the following a Lockers shall be provided at a minimum ratio of 1 for every 20 employees b Separate shower facilities shall be provided at a minimum rate of 2 per 100 employees 3 Bicycle Parking a Bicycle parking facilities shall be provided at the minimum rate of 1 bicycle parking space for every 20 employees or fraction thereof, in a secure location, and in close proximity to employee entrances, for use by employees or tenants who commute to the site by bicycle Huntington Beach toning and Subdivision Ordinance Chapter 210 Page 21 of 52 b A bicycle parking facility shall be a stationary object to which the user can lock the bicycle frame and both wheels with a user-provided six (6) foot cable and lock 4 Commuter Information Areas A commuter information area shall be provided to offer employees appropriate information on alternative transportation modes This area shall be centrally located and accessible to all employees or tenants and shall be sufficient size to accommodate such information on alternative transportation modes S Passenger Loading Areas Unless determined unnecessary by the decision maker, per Title 24, passenger loading areas to embark and disembark passengers from rideshare vehicles and public transportation shall be provided as follows a Passenger loading area shall be large enough to accommodate the number of waiting vehicles equivalent to 1% of the required parking for the project b The passenger loading areas shall be located as close as possible to the identified employee entrance(s), and shall be designed in a manner that does not impede vehicular circulation in the parking area or in adjoining streets 6 Parking for Vanpool Vehicles Unless determined unnecessary by the decision maker, per Title 24, parking for vanpool vehicles shall be provided as follows a The number of vanpool parking spaces shall be at least 1% of the employee carpool parking spaces and reserved for such by marking the spaces "Vanpool Only " b For parking structures, vanpool vehicle accessibility shall include minimum T 2" vertical clearance c Vanpool parking spaces shall be located near identified employee entrance(s) or other preferential locations 7 Bus Stops Unless determined unnecessary by the decision maker, per Title 24, bus shelter pullouts, and pads shall be provided as necessary in consultation with affected transit service providers 23038 Game Centers The following supplemental requirements shall apply to the operation of game centers, including mechanical or electronic games or any other similar machine or device in order to control the location and hours of operation of game centers so as not to allow school children to play the games during school hours or to encourage minors to congregate in areas close to commercial establishments that sell alcoholic beverages The following conditions shall apply (3710 6/05) A Neighborhood Notification Submit a request to the Director with neighborhood notification pursuant to Chapter 241 (3710 6105) B Adult Manager At least one adult manager shall be on the premises during the time a game center is open to the public Humington&ic_h Zoninb ind Subdivision OrdinanLL Chapter 230 1 age 22 of 52 C Hours of Operation for Minors under 18 Years of Age No game center owners, manager or employees shall allow a minor under 18 years of age to play a mechanical or electronic game machine during the hours the public schools of the district in which the center is located are in session, or after 9 p in on nights preceding school days, or after 10 p m on any night It is the responsibility of the owner or manager of the game center to obtain a current schedule of school days and hours D Locational Criteria A game center shall not be permitted within 2 500 feet of a school site, 300 feet of the boundary of a residential district or within 500 feet of a liquor store, a nightclub cocktail lounge or bar The distance shall be measured as walking distance from the game center to the property line of the school site, the district boundary, or the property line of the liquor store, nightclubs cocktail lounge, or bar, as the case may be E Restrictions The Director may impose reasonable restrictions on the physical design location, and operation of a game center and require a special bicycle parking area in order to minimize the effects of noise, congregation, parking, and other nuisance factors that may be detrimental to the public health safety and welfare of the surrounding community (3710 6105) 23040 Helicopter Takeoff and Landing Areas A Permit Required A conditional use permit may be issued for the construction and operation of a heliport helipad, or helistop if the Planning Commission finds that 1 The helipad heliport or helistop conforms to the locational criteria and standards established in Subsections (B) and (C) of this section, and the requirements of the California Department of Transportation Division of Aeronautics, 2 The heliport, helipad, or helistop is compatible with the surrounding environment, and 3 The proposed operation of the helicopter facility does not pose a threat to public health, safety or welfare The Commission may impose conditions of approval on the conditional use permit to prevent adverse impacts on surrounding properties If such impacts can not be mitigated to an acceptable level the conditional use permit application shall be denied B Locational Criteria 1 Minimum Separation Minimum separation between heliports, helipads, and helistops shall be 1 5 miles except for facilities specifically intended for emergency use such as medical evacuation or police functions and temporary landing sites 2 Protected Areas No heliport, helipad, or helistop shall be located within 1 000 feet of an R district or the site of a public or private school except for heliports or helistops specifically intended only for emergency or police use Temporary landing sites within 1 000 feet of a public or private school may be allowed with a temporary use permit subject to approval of the California Department of Transportation C Site Development Standards 1 Approach and departure paths 65 feet wide shall be free of obstruction for a minimum distance of 400 feet 2 Setbacks from property lines shall be as follows a Takeoff and landing area - 50 feet, b Helicopter maintenance facilities - 25 feet lunttngton Beach Zoning and Subdivision Ordinance Chapter 230 Pag, 23 o1 52 c Administrative or operations building- 15 feet 3 Any lighting used for nighttime operations shall be directed away from adjacent properties and public rights of way 4 A telephone shall be provided on or adjacent to the heliport, hehpad or helistop 5 Helipads or helistops intended for emergency use shall have a landing pad with a standard landing area designated and the words "Emergency Only " The initial direction of the departure routes shall be indicated on the takeoff and landing area D Application Requirements The following additional information shall be submitted with a conditional use permit application (3710 6105) 1 An area map at a scale of 1" = 800' showing existing land use within a two-mile radius of the facility site and the proposed flight paths 2 A plot plan of the site and vicinity, including all land within a 400-foot radius of the takeoff and landing area, that shows clearly the height of the takeoff and landing area, the height of existing, approved and proposed structures and trees within 50 feet of the approach and takeoff flight paths and the maximum allowable building height under existing zoning 3 A description of the proposed operations including the type of use, names and descriptions of helicopters expected to use the facility, and anticipated number and timing of daily flights 4 A helicopter noise study including a map of the approach and departure flight paths at a scale of 1" = 800' showing existing day/night average noise levels in decibels (LDN noise contours), future day/night average noise levels with the proposed facility and anticipated flight operations, and single-event maximum sound levels associated with the types of helicopters expected to use the facility 23042 Bed and Breakfast Inns A Permit Required The Zoning Administrator may approve a conditional use permit for a bed and breakfast inn in any C District and RMH A District after a duly noticed public hearing upon finding that (3710 6105) 1 The bed and breakfast inn will be operated by a property owner living on the premises, 2 The bed and breakfast inn conforms to the design and development standards of Subsection (B) of this section and is compatible with adjacent buildings in terms of building materials, colors and exterior finishes and 3 Public and utility services including emergency access are adequate to serve the bed and breakfast inn B Design and Development Standards 1 Minimum Size and Maximum Number of Guest Rooms The inn shall contain at least 2,000 square feet, but no more than six rooms shall be rented for lodging 2 Parking The requirements of Chapter 231 shall apply 3 Signs The requirements of Chapter 233 apply In addition, in the RMH A district, no identifying sign Shall be displayed other than a sign no larger than 2 square feet identifying the name of the establishment The face of the sign may be indirectly hluntin&ton Be t h Zoning and Subdivision Ordinance Chapter 210 Page 24 of 52 illuminated by an exterior light source entirely shielded from view, but no internal illumination from an interior light source shall be permitted 23044 Recycling Operations Collection containers shall be permitted for charitable organizations such as Goodwill Recycling containers shall be permitted as an accessory use to a permitted use Recycling and collection containers shall not be located within required parking or landscaped areas or obstruct pedestrian paths Recycling as an accessory use shall not exceed 500 square feet including any required attendant parking space A recycling operation as a primary use shall comply with the development standards contained in Chapter 212 23046 Single Room Occupancy Single room occupancy(SRO) shall comply with the following requirements A General Provisions 1 All projects shall comply with the most recently adopted City Building, Plumbing, Mechanical Electrical Fire, and Housing Codes 2 No more than one (1) person shall be permitted to reside in any unit, excluding the manager s unit and up to 25 percent of the total number of units which have double Occupancy (3494 5101) 3 A Management Plan shall be submitted for review and approval with the conditional use permit application The Management Plan shall contain management policies, operations emergency procedures overnight guest policy security program including video cameras monitoring building access points at every floor, rental procedures and proposed rates, maintenance plans, staffing needs, and tenant mix, selection and regulations Income levels shall be verified by a third party and submitted to the City of Huntington Beach as part of the annual review (3494 5101) 4 An on-site, twenty four (24) hour manager is required in every SRO project In addition, a manager s unit shall be provided which shall be designed as a complete residential unit, and be a minimum of 300 square feet in size (3494 5101) 5 Rental procedures shall allow for monthly tenancies only, deposit requirements shall be specified (3494 5101) 6 All units within SRO projects shall be restricted to very low and low income individuals as defined by the City's housing element with the exception of the twenty-four(24) hour manager Rental rates shall be calculated using a maximum of 30% of income toward housing expenses based on County of Orange income figures (3494 5101) 7 Each SRO project shall be subject to annual review by the City which includes the review of management services The management services plan shall define third party verification criteria The SRO project owner shall be responsible for filing an annual report to the Planning and Economic Development Departments which includes the range of monthly rents, the monthly income of residents occupancy rates and the number of vehicles owned by residents (3494 5101) $ The Planning Commission or City Council may revoke the conditional use permit if any violation of conditions or any of the adopted Huntington Beach Codes occurs (3494 5101) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 25 of 52 B Unit Requirements I Minimum unit size shall be 250 square feet except double occupancy units shall be a minimum of 400 square feet (3494 5101) 2 Maximum unit size shall be three hundred (300) square feet excluding manager s unit and double occupancy units (3494 5101) 3 Each unit shall contain a kitchen and bathroom (3494 5101) a Kitchens shall contain a sink with garbage disposal, counter top (minimum 16" x 24"), refrigerator, and stove/oven unit and/or microwave, (3494 5101) b If stoves/oven units are not provided in each unit, then stoves/oven units shall be provided in a common kitchen area(s) (3494 5101) c Bathrooms shall contain a lavatory toilet, and shower or bathtub d Each unit shall have a minimum forty-eight (48) cubic feet of closet/storage space C Project Requirements 1 Common recreational space shall be provided in each project as follows a Minimum common recreational space shall be four hundred (400) square feet b For projects exceeding thirty (30) units an additional 10 square feet of recreational space per unit 1s required (3494 5101) Units that are 400 square feet or greater shall have a minimum of 15 square feet of recreational space per unit (3494 5/01) c Common recreational space may be indoor or outdoor provided there is at least forty percent (40%) allotted toward indoor space and forty percent (40%) outdoor space, the balance may be either indoors or outdoors d Common recreational space may be in separate areas provided each space is not less than two hundred (200) square feet in size and has no less than a ten (10) foot dimension 2 A single controlled entryway for routine ingress and egress shall be situated adjacent to and in full view of the manager's desk 3 A secured office area shall be incorporated in the facility for the storage of confidential resident records and security office personnel (3494 5/01) 4 Mailboxes shall be provided for each unit located near the lobby in plain view of the entry desk (3494 5101) 5 Handicap access facilities shall be as required by applicable state or local law (3494 5101) 6 At least one handicapped accessible unit shall be required for every twenty(20)units (3494-51o1) 7 Laundry facilities shall be provided in a separate room in a location near the common indoor recreational space Washers and dryers may be coin operated (3494 5101) Huntington Beach Zoning And Subdivision Ordinance Chapter 210 Page 26 of 52 8 A cleaning supply storeroom and/or utility closet with at least one (1) laundry tub with hot and cold water on every floor shall be provided on every floor (3494 5101) 9 Storage Lockers (3494 5101) a Storage lockers shall be provided in a secured area b The cumulative total of locker space shall be no less than a ratio often (10) cubic feet per unit 10 All common indoor space areas shall have posted in a conspicuous location a notice from the City's Planning Department regarding contact procedures to investigate housing code violations (3494 5101) l 1 Bicycle stalls shall be provided at a minimum of one (1) stall per five (5) units in a secured and enclosed and covered area (3494 5101) 12 Trash disposal chutes as well as a centralized trash area shall be provided on all multi story projects (3494 5/01) 13 A minimum of (2) pay telephones shall be provided in the lobby area The telephone service shall only allow outgoing calls (3494 5101) 14 Phone jack(s) shall be provided in each unit (3494 5101) 15 A shipping and receiving/maintenance garage shall be provided near a convenient vehicular access on the ground floor (3494 5101) 23048 Equestrian Centers A Permit Required Equestrian centers shall be permitted in the OS PR and PS districts, subject to the approval of a conditional use permit by the Planning Commission Where all off-site improvements are not provided initial approval shall be for a maximum period of five years subject to annual review One year extensions of time may be granted after public hearing by the Planning Commission On requests to allow a facility on a permanent basis, the Planning Commission shall determine required improvements based on the existing and proposed land uses and the existing off site improvements within the area B Design and Development Standards 1 Minimum Parcel Size/Frontage The minimum lot size and lot frontage shall be Area Frontage Temporary facilities 2 acres 100 feet Permanent facilities 5 acres 100 feet 2 Dens ity/Ridin 7 Areas Maximum density for horse facilities shall be determined by the following criteria (a) Maximum density shall be twenty five (25) horses per acre (b) Minimum riding area shall be five thousand (5 000) square feet per fifteen (15) horses For facilities with over one hundred (100) horses, two separate arenas shall be provided In the alternative, off site riding area shall be provided adjacent to the facility at the rate of one acre per fifteen (15) horses (c) Exercise rings shall have no dimension less than thirty (30) feet Huntington Sexh Zoning and Subdivision Ordmance Chapter 230 Page.27 of 52 (d) The minimum arena size shall be ten thousand (10,000) square feet with no dimension less than eighty(80) feet 3 Maximum Building Herd Maximum building height shall be thirty(30) feet 4 Required Setbacks Front 50 feet (30 feet for caretaker's residence) Interior side 25 feet Exterior side 50 feet Rear 25 feet Minimum distance to any 300 feet residential zone or use 5 Corral Design Corrals designed for one horse shall comply with the following requirements Corrals designed for more than one horse shall provide a minimum area per horse as indicated below All corrals, racks and stalls shall be of compatible design, materials to be approved by the fire department (a) Corral size 288 square feet Minimum dimension 12 feet Shelter size 96 square feet Minimum dimension 8 feet (b) Each corral shall have an approved water system with automatic drinking controls provided (c) Box stalls maybe provided in lieu of horse corrals Such stalls shall be a minimum of 144 square feet with no dimension less than twelve (12) feet 6 Wash rack One wash rack per thirty-five (35) horses or fraction thereof shall be provided subject to the following requirements Wash racks designed for more than one horse shall provide a minimum area per thirty-five (35) horses as indicated below (a) Individual wash racks shall be 6 feet by 8 feet (b) Each wash rack shall have an approved watering system and be connected to a sewer facility with a back-siphon device at the water source (c) A concrete slab floor shall be provided C Insect and Rodent Control 1 Feed mangers or boxes shall not be placed near water sources 2 Nonleak valves shall be provided for all troughs, bowls cups and other water sources 3 Automatic valves or sanitary drains shall be provided for large troughs or cups 4 Grading in paddocks and corrals shall be properly integrated into a master drainage plan to prevent ponding of water Shelters shall be sloped away from the center of the corrals, or rain gutters shall be installed to the exterior of the corral Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 28 of 52 5 Method of disposal of solid wastes shall be approved by Planning Commission Trash disposal areas and dumpsters shall be designated and conveniently located with an all-weather road access provided 6 All dry grains shall be stored in rodent proof metal containers and hay storage shall be covered Bulk or commercial amounts of grain or hay shall be located a minimum of fifty (50) feet away from any horse enclosure D Miscellaneous Operating Requirements I The ground surface of horse enclosures shall be graded above their surroundings A grading plan shall be submitted prior to issuance of a conditional use permit 2 Storage and tack areas shall be designated on the site plan 3 Continuous dust control of the entire premises shall be maintained subject to the regulations contained in Huntington Beach Municipal Code Chapter 8 24 The method for water sprinkling arenas and exercise pens shall be indicated on the site plan 4 A permanent single family residence shall be provided on the site with a watchman on duty twenty-four (24) hours a day Two fully enclosed parking spaces shall be provided Where a mobilehome is used to satisfy this requirement one carport space and one open space shall be permitted 5 A back siphoning device shall be installed to protect the public water supply An approved pressure vacuum breaker is recommended on the waterline serving the corrals The vacuum breaker shall be at least twelve (12) inches above the highest point of water usage or an approved double check valve may be used 6 Security lighting shall be confined to the site and all utilities shall be installed underground 7 A log containing the name of every horse, its location in the facility the owner's name and address and the names and addresses of persons to be notified in case of emergency shall be maintained in the watchman's quarters for ready reference 8 All fire protection appliances, appurtenances emergency access, and any other applicable requirements, pursuant to Huntington Beach Municipal Code Chapter 17 56 shall meet the specifications of the fire department 4 The entire site, exclusive of riding areas shall be fenced in such a manner as to confine horses within the site in order to protect the perimeter landscaping from damage Individual corrals shall be enclosed by a minimum five (5) foot high fence E Off-street Parking and Landscaping I Parking and circulation design shall comply with the standards outlined in Chapter 231 In addition the perimeter of the parking area shall be delineated by pilasters or wooden poles with chain cable or heavy rope connectors The parking lot shall be surfaced in accord with the specifications of the Department of Public Works 2 Landscaping, as set out in Chapter 232, shall be provided except that the minimum landscaped area required shall be a ten (10) foot wade (inside dimension)planter along all property lines Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 29 of 52 23050 Indoor Swap Meets/Flea Markets Indoor swap meets/flea markets shall comply with the following requirements A Conditional Use Permit Required Indoor swap meets/flea market uses may be permitted as temporary uses only upon approval of conditional use permit by the Planning Commission for a period of time not to exceed ten (10) years One year extension of time maybe granted after public hearing by the Planning Commission B Location Considerations The Planning Commission shall consider the following issues when evaluating a proposed conditional use permit 1 The site s proximity to residences, schools hospitals and other noise sensitive uses 2 The potential adverse impacts on traffic circulation and pedestrian safety 3 The site s proximity to other indoor swap meets/flea markets to avoid overconcentration of facilities 4 The site s proximity to businesses processing hazardous materials C Location Criteria 1 Indoor swap meet/flea market uses shall only be allowed on property located adjacent to arterial streets D Minimum Building Size 1 Minimum building gross floor area shall be one hundred thousand (100 000) square feet E Miscellaneous Requirements 1 AncilIM Uses Ancillary uses may be permitted as included on the approved site plan Such uses shall be included as part of the initial conditional use permit requirements or shall be subject to new entitlement if proposed after the initial application has been filed 2 Signs Individual vendors shall not be permitted any outdoor signs, including temporary Signs shall comply with the standards outlined in Chapter 233 3 Parking Parking shall comply with the standards outlined in Chapter 231 230 52 (Reserved) 230 54 (Reserved) 230 56 (Reserved) 230 58 (Reserved) 230 60 (Reserved) Huntington Bcnch Zoning and Subdivision Ordinance Chapter 230 Page 30 of 52 All Districts 23062 Building Site Required No building or structure shall be erected or moved onto any parcel of land in the city except on a lot certified in compliance with the Subdivision Map Act and local subdivision and zoning provisions at time of creation or on a parcel created as a result of a public taking No building or structure shall be altered or enlarged to increase the gross floor area by more than 50 percent within any one-year period except on a legal building site 23064 Development on Substandard Lots Development on substandard lots shall be subject to approval of a conditional use permit by the Zoning Administrator A legally created lot having a width or area less than required for the base district in which it is located may be occupied by a permitted or conditional use if it meets the following requirements or exceptions A The lot must have been in single ownership separate from any abutting lot on the effective date of the ordinance that made it substandard Two or more contiguous lots held by the same owner shall be considered as merged if one of the lots does not conform to the minimum lot size or width for the base district in which it is located B A substandard lot shall be subject to the same yard and density requirements as a standard lot provided that in an R district, one dwelling unit may be located on a substandard lot that meets the requirements of this section C An existing legal lot comprising a minimum size of 5,000 square feet or greater and a minimum width of 50 feet or greater shall not be considered substandard for purposes of this section 23066 Development on Lots Divided by District Boundaries The standards applicable to each district shall be applied to the area within that district No use shall be located in a district in which it is not a permitted or conditional use Pedestrian or vehicular access from a street to a use shall not traverse a portion of the site in a district in which the use is not a permitted or conditional use Huntington Btach Zoning and Subdivision Ordinance Chapter 230 Page.31 of 52 Building Projections Into Yards and Courts Projections into required yards and courts shall be permitted as follows ALLOWABLE PROJECTIONS IN FEETa Front Side Street Side Rear Yard Yard Yard Yard Fireplace or chimney 25 2 5b 25 25 Cornice, eaves and ornamental features 3 2 5b 3 3 Mechanical equipment 2 2b 2b 2 Uncovered porches terraces, platforms 6 3 4 5 subterranean garages decks, and patios not more than 3 feet in height serving only the first floor Stairs, canopies awnings and uncovered porches 4 2b 4 4b more than 3 feet in height Bay windows 25 2 5b 25 25 Balconies 3 2b 3 3 Covered patios 0 0 5c 5 Notes allo individual projection shall exceed 1/3 of the building length, and the total of all projections shall not exceed 2/3 of the building length on which they are located bA 30-inch clearance from the property line shall be maintained cNo projection shall extend more than 1/2 the width of the street side yard 23070 Measurement of Height This section establishes standards for determining compliance with the maximum building height limits prescribed for each zoning district or as modified by an overlay district A Datum (100) shall beset at the highest point of the curb along the front property line If no curb exists datum shall be set at the highest centerline of the street along the front property line B. The differential between top of subfloor and datum shall be a maximum of two (2) feet as determined by Public Works In the event that any subfloor, stemwall or footing is proposed greater than two (2) feet above datum the height in excess shall be deducted from the maximum allowable ndgeline height C Lots with a grade differential of three (3) feet or greater between the high point and the low point determined before rough grading, shall be subject to conditional use permit approval by the Zoning Administrator Conditional use permit approval shall be based upon a building and grading plan which terraces the building with the grade and which is compatible with adjacent development Huntington BLach Zoning and Subdivision Ordinance Chaptei 230 Page 32 of 52 23072 Exceptions to Height Limits Chimneys, vent pipes, cooling towers, flagpoles, towers spires, domes cupolas, parapet walls not more than 4 feet high, water tanks fire towers, transmission antennae (including wireless communication facilities) radio and television antennas (except satellite dish antennae), and similar structures and necessary mechanical appurtenances (except wind-driven generators) may exceed the maximum permitted height in the district in which the site is located by no more than 10 feet The Zoning Administrator may approve greater height with a conditional use permit Within the coastal zone exceptions to height limits may be granted only when public visual resources are preserved and enhanced where feasible (3334 6197 3568 9102) 23074 Outdoor Facilities A Permit Re uired Outdoor storage and display of merchandise, materials or equipment, including display of merchandise, materials and equipment for customer pick-up, shall be subject to approval of a conditional use permit by the Zoning Administrator in the CG, IL IG, CV and SP districts Sidewalk cafes with alcoholic beverage service and/or outdoor food service accessory to an Eating and Drinking Establishment shall be permitted subject to approval of a conditional use permit by the Zoning Administrator in the CO, CG, CV, OS and SP districts, but no outdoor preparation of food or beverages shall be permitted (3525 2102) B Permit Conditions Grounds for Denial The Zoning Administrator may require yards screening, or planting areas necessary to prevent adverse impacts on surrounding properties If such impacts cannot be prevented, the Zoning Administrator shall deny the conditional use permit application C Exceptions Notwithstanding the provisions of subsections (A) and (B) above, outdoor storage and display shall be permitted in conjunction with the following use classifications in districts where they are permitted or conditionally permitted 1 Nurseries,provided outdoor storage and display is limited to plants, new garden equipment and containers only, and 2 Vehicle/Equipment Sales and Rentals, provided outdoor storage and display shall be limited to vehicles boats or equipment offered for sale or rent only D Screening__ ening Outdoor storage and display areas for rental equipment and building and landscaping materials shall be screened from view of streets by a solid fence or wall The height of merchandise, materials and equipment stored or displayed shall not exceed the height of the screening fence or wall 23076 Screening of Mechanical Equipment A General Requirement Except as provided in subsection (B) below, all exterior mechanical equipment, except solar collectors and operating mechanical equipment in an I District located more than 100 feet from another zoning district boundary, shall be screened from view on all sides Equipment to be screened includes, but is not limited to heating, air conditioning refrigeration equipment, plumbing lines ductwork, and transformers Screening of the top of equipment may be required by the Director if necessary to protect views from an R or OS district Rooftop mechanical equipment shall be setback 15 feet from the exterior edges of the building Huntington Beach Zoning and Subdivision Ordinance Cliapter 230 Page 33 of 52 B Utility Meters and Backflo_w Prevention Devices Utility meters shall be screened from view from public rights-of-way Electrical transformers in a required front or street side yard shall be enclosed in subsurface vaults Backflow prevention devices shall not be located in the front yard setback and shall be screened from view C Screening_Specifications A mechanical equipment plan shall be submitted to the Director to ensure that the mechanical equipment is not visible from a street or adjoining lot 23078 Refuse Storage Areas A Refuse storage area screened on three sides by a 6-foot masonry wall and equipped with a gate, or located within a building, shall be provided prior to occupancy for all multi-family residential, commercial, industrial, and public/semipublic uses Locations horizontal dimensions and general design parameter of refuse storage areas shall be as prescribed by the Director, subject to appeal to the Planning Commission The trash area shall not face a street or be located in a required setback The design and materials used in such trash enclosures shall harmonize with the main structure 23080 Antennae A Pui pose The following provisions are established to regulate installation of antennae to protect the health, safety, and welfare of persons living and working in the City and to preserve the aesthetic value and scenic quality of the City without imposing unreasonable limitations on, prevent the reception of signals, or imposing excessive costs on the users of the antennae B Permit Required Approval by the Director shall be required for the installation of an antenna or satellite antenna to ensure compliance with the locational criteria Construction shall be subject to the provisions of the Uniform Building Code and National Electrical Code, as adopted by the City Within the coastal zone, approval of a coastal development permit shall be required for installation of any antenna that meets the definition of development in Section 245 04 unless it is exempt pursuant to Section 245 08 (3334 6/97 3568 9/02) C Locational Criteria Satellite Antennae A satellite antenna may be installed on a lot in any zoning district if it complies with the following criteria 1 Number Only one satellite antenna may be permitted on a residential lot 2 Setbacks Interior side and rear property lines, 10 feet, except that no setback shall be required in interior side and rear setback areas if the antenna or satellite antenna does not exceed 6 feet in height NO antenna or satellite antenna shall be located in a required front yard When roof-mounted, the antenna or satellite antenna shall be located on the rear one half of the roof (3568 9l02) 3 Maximum Height a The maximum height of a satellite antenna shall not exceed 10 feet if installed on the ground or the maximum building height for the district in which the satellite antenna is located, if roof-mounted (3568 9102) b The maximum height of an antenna shall not exceed the maximum building height for the district in which the antenna is located (3568 9/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 34 of 52 4 Maximum Dimension The maximum diameter of a satellite antenna shall not exceed 10 feet in all districts with the exception that the diameter may be increased in non-residential districts if a conditional use permit is approved by the Zoning Administrator (3568 9102) 5 Screening The structural base of an antenna or satellite antenna, including all bracing and appurtenances, but excluding the antenna or dish itself shall be screened from public view and adjoining properties by walls, fences, buildings landscape or combinations thereof not less than 7 feet high so that the base and support structure are not visible from beyond the boundaries of the site at a height-of-eye 6 feet or below (3568 9102) 6 Undergr_ounding All wires and/or cables necessary for operation of the antenna or satellite antenna or reception of the signal shall be placed underground except for wires or cables attached flush with the surface of a building or the structure of the antenna or satellite antenna (3568 9102) 7 Surface Materials and Finishes No advertising or text or highly reflective surfaces shall be permitted 8 Exception Requests for installation of an antenna or satellite antennae on sites that are incapable of receiving signals when installed pursuant to the locational criteria may be permitted subject to conditional use permit approval by the Zoning Administrator The applicant shall submit documentation that installation at a height greater than permitted or in another yard area, is necessary for the reception of usable antenna or satellite signals Applications shall be approved upon finding that the aesthetic value and scenic quality of the City is preserved pedestrian or vehicular traffic vision is not obstructed, and upon the findings contained in Chapter 241 (3568 9102) 23082 Performance Standards For All Uses A Applicability and Compliance The development standards set forth in this section apply to every use classification in every zoning district unless otherwise specifically provided The Director may require evidence of ability to comply with development standards before issuing an entitlement B Air Contaminants Every use must comply with rules, regulations and standards of the South Coast Air Quality Management District (SCAQMD) An applicant for a zoning permit or a use, activity or process requiring SCAQMD approval of a permit to construct must file a copy of the SCAQMD permit with the Director An applicant for a use, activity or process that requires SCAQMD approval of a permit to operate must file a copy of such permit with the Director within 30 days of its approval C Storage On Vacant Lot A person may not store park place, or allow to remain in any part of a vacant lot any unsightly object This does not apply to building materials or equipment for use on the site during the time a valid building permit is in effect for construction on the premises 23084 Dedication and Improvements A Dedication Required Prior to issuance of a building permit, or prior to the use of land for any purpose all real property shall be dedicated or irrevocably offered for dedication which the City requires for streets, alleys, including access rights and abutters' rights, drainage, public utility easements and other public easements In addition, all streets and alleys shall be improved, or an agreement entered into for such improvements including access rights and abutters' rights, drainage,public utility easements, and other easements Huntington Beach lonmg and Subdivision Ordinance Chapter 230 Page 35 of 52 B Exceptions Dedication shall not be required prior to issuance of a building pen-nit for 1 Interior building alterations which do not exceed a third of the value of a building, as defined in the Uniform Building Code and which effect no change of occupancy 2 Exterior building alterations or additions for a residential use which do not exceed a third of the value of the building, as defined in the Uniform Building Code, and add no additional residential units 3 Fences and walls 4 Temporary uses, as specified in this code 5 Horticultural Uses The dedication herein required may be reviewed at the time of entitlement Upon request by the applicant a temporary postponement, not to exceed one (1) year, may be granted upon consideration of the following criteria a Type of horticultural use proposed b Duration (temporary or permanent) c Vehicular access and effect of the proposed use on traffic in the vicinity of the site d Relationship between the proposed requirements and an anticipated expanded use e Dedication shall not be required for any purpose not reasonably related to such horticultural use C Dedication Determinants Right-of way dedication width shall be determined by either of the following 1 Department of Public Works standard plans or 2 A precise plan of street, highway or alley alignment D Improvements 1 No building permit shall be issued by the Building Division until an application for permit has been filed, street improvements plans and specifications have been submitted for plan check and all fees established by resolution of the City Council, have been paid The Building Division shall issue such building permit after determining that the work described in the application and the accompanying plans conforms to requirements of the Huntington Beach Building Code and other pertinent laws and ordinances 2 The Building Division shall make a frame inspection as required by the Huntington Beach Building Code, at which time all off-site improvements, including curbs, gutters, and street paving shall be completed 3 Improvements required by this code may be deferred in the following instances and upon adherence to the following requirements and regulations a Where the grade of the abutting right-of way has not been established prior to the time when on site structures qualify for final release for occupancy b Where a drainage system would be delayed by the installation of improvements Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 36 of 52 c Where an agreement is entered into with the City to install improvements by a date certain said agreement shall be secured by a bond or deposit equal to 150 percent of the City's estimate (including inflation estimates) of the required improvements Such bond or cash shall be deposited with the City Treasurer d Where the developer has agreed with the City in writing that the deposit required by subsection (3) of this section may be used by the City after an agreed upon time to complete the required improvements the remainder of such deposit, if any, shall be returned to the developer upon completion of such improvements by the City e The Director of Public Works is authorized to receive applications from persons desiring waivers of street improvement requirements and to enter into the necessary written agreements with such applicants A non refundable fee set by resolution of the City Council shall accompany such application 4 Where construction is limited to one lot and the erection of a detached single family dwelling thereon street improvements shall include curb, gutter, sidewalk, street trees, street lights sewer and water main extensions, and ten (10) feet of street paving to meet Department of Public Works standards Where necessary temporary paving shall be installed to join existing street improvements 23086 Seasonal Sales A temporary sales facility for the sale of seasonal products including Christmas trees, Halloween pumpkins, or a single season agricultural product not grown on site are permitted adjacent to any arterial highway in any district and on all church or school sites as a temporary use approved by the Director and in compliance with the following A Time Limit 1 A Christmas tree sales facility shall not be open for business during any calendar year prior to Thanksgiving _ 2 A Halloween pumpkin sales facility shall not be open for business during any calendar year prior to October 1 3 A single agricultural product sales facility shall be approved for a period of time not to exceed 90 days B Merchandise to be Sold A permitted Christmas tree or Halloween pumpkin sales facility may not sell items not directly associated with that season Only one single, season agricultural product may be sold at any one time C Site Standards 1 Storage and display of products shall be set back not less than ten (10) feet from edge of street pavement and shall not encroach into the public right-of-way 2 A minimum of ten (10) off-street parking spaces shall be provided 3 Ingress and egress to the site shall be reviewed by the Department of Public Works to insure that no undue traffic safety hazard will be created 4 Temporary structures shall comply with Building Division standards 5 Electrical permit shall be obtained if the facility is to be energized Huntington Bea4h 7oning and subdivision Ordinance C hapter 230 Page 37 of 52 6 The facility shall comply with fire prevention standards as approved and enforced by the Fire Chief D Bond Required Prior to issuance of a business license and approval by the Director, a five hundred dollar ($500) cash bond shall be posted with the City to ensure removal of any structure, cleanup of the site upon termination of the temporary use, and to guarantee maintenance of the property A bond shall not be required for a seasonal sales facility operated in conjunction with a use on the same site E Removal of facility The seasonal sales facility shall be removed and the premises cleared of all debris and restored to the condition prior to the establishment within ten calendar days of Halloween Christmas or the expiration of the time limit for single season agricultural product 23088 Fencing and Yards No portion of a required yard area provided for a structure on a lot shall be considered as part of the yard area for any other structure on the same or an adjacent lot In all districts, minimum setback lines shall be measured from the ultimate right-of-way line Diagrams A, B and C are hereby adopted to illustrate the provisions of this chapter Where any discrepancy occurs between the diagrams and the printed text, the text shall prevail Yards and fencing shall comply with the following criteria in all districts or as specified A Permitted Fences and Walls 1 Fences or walls a maximum of forty-two (42) inches in height may be located in any portion of a lot, except screen walls on lots in the RMH-A subdistrict shall be set back a minimum of three (3) feet from the front property line Fences or walls exceeding forty-two (42) inches in height may not be located in the required front yard, except as permitted elsewhere in this Section (3334 6/97 3410 3199) 2 Fences or walls a maximum of six(6) feet in height may be located in required side and rear yards, except as excluded in this Section Fences or walls exceeding six (6) feet in height may be located in conformance with the yard requirements applicable to the main structure except as provided for herein or in the regulations of the district in which they are located a Fences and walls located adjacent to arterials along the rear and/or street side yard property lines, and behind the front setback, may be constructed to a maximum total height of eight(8) feet including retaining wall with the following (3525 2102) (1) The proposed building materials and design shall be in conformance with the Urban Design Guidelines (3525 2102) (2) Extensions to existing wall(s) shall require submittal of engineering calculations to the Building and Safety Department (3525 2102) (3) The property owner shall be responsible for the care and maintenance of landscape area(s) and wall(s) and required landscape area(s) (3525 2ro2) (4) Approval from Public Works Department (3525 2/02) b Exception A maximum two foot (2 ) lattice extension (wood or plastic) that is substantially open may be added to the top of the six foot (6 ) high wall or fence on the interior property line without Building Permits pt sti t to Chapter-24 so long as notification to the adjacent property owners is provided (3710 6105) Huntington Reach Zoning and Subdtvtston Qrdt dint ChaptLr 231) 1 age 38 of 52 3 Fences or walls in the rear yard setback area of a through-lot shall not exceed forty-two (42) inches in height This subsection shall not apply to lots abutting arterial highways 4 In the RL district, garden or wing walls or fences equal in height to the first floor double plate, but not exceeding nine (9) feet, which are perpendicular to and entirely within a side yard may be constructed to the interior side property line and to within five (5) feet of the exterior side property line provided they are equipped with a three (3) foot gate or accessway 5 When residential property abuts open or public land or property zoned or used for office, commercial, or industrial purposes, an eight (8) foot high solid masonry or block wall may be constructed on the common side or rear property line 6 Only at the time of initial construction of the dwellings and in order to allow variations in the street scene in R districts fences or walls exceeding forty-two (42) inches in height may be permitted at a reduced front setback of six (6) feet subject to plan review approval by the Director in conformance with the following criteria (3710 6105) a The reduced setback shall be only permitted for five (5) or more contiguous lots under the same ownership (3710 6105) b Such walls shall not encroach into the visibility triangular area formed by measuring seven and one-half(7 5) feet along the driveway and ten (10) feet along the front property line at their point of intersection c Such walls shall conform to all other applicable provisions of this section 7 Retaining walls shall comply with the following a Where a retaining wall is located on the property line separating lots or parcels and protects a cut below the natural grade such retaining wall may be topped by a fence, wall or hedge of the same height that would otherwise be permitted at the location if no retaining wall existed b Where a retaining wall is on the property line of a rear yard abutting an arterial or exterior side yard and contains a fill of two (2) ft or less or protects a cut below the existing grade, such retaining wall may be topped with a six (6) ft decorative masonry wall c Where a retaining wall is on the property line of a rear yard abutting a local street, the maximum retaining wall height shall be twenty four (24) inches as measured from the adjacent curb and may be topped with a maximum eighteen (18) inch decorative wall or fence for a total height of forty two (42) inches d (1) The maximum height of a retaining wall on the front property line shall be thirty-six (36) inches as measured from the top of the highest adjacent curb Subject to the Director's approval, a maximum forty-two (42) inch high wall or fence may be erected above the retaining wall with a minimum three (3) foot setback from the front property line (3334 6197 3410 3199) (2) In the RMH-A subdistrict the maximum height of a retaining wall on the front property line shall be eighteen (18) inches as measured from the top of the highest adjacent curb Subject to the Director s approval a second retaining wall up to eighteen (18) inches in height may be erected above the eighteen (18) inch high retaining wall with a minimum three (3) foot front setback A wall or fence up to forty two (42) inches in height may be erected on top of the retaining wall with the minimum three foot front setback (See Exhibit below ) (3410 3199) Huntington SeaLh Zoning and Subdivision Ordinance Chapter 230 Pape 39 of 52 Required i n Tree/Palm Landscaping I I Front __ Building* n nn rtv I n MA 47 Patio I I Max 18 ItssF R t n n Wall Sidewalk/Parkwiy Max IS *See Maximum building height in Chapter 210 e All retaining walls abutting a street shall be waterproofed to the satisfaction of the Director f Retaining wall and fence combinations over eight(9) feet in height shall be constructed with a variation in design or materials to show the distinction Retaining wall and fence combinations over six (6) feet in height shall be designed without decorative block or cap block except if equal in strength to the main portion of the fence 8 The height of any fence wall or hedge located in the front yard setback shall be measured from top of the highest adjacent curb All other fence heights shall be measured from existing grade 9 Any fence or wall located on the front property line shall be approved by the Department of Public Works 10 In the industrial districts nine (9) foot high fences may be permitted in the side and rear setbacks up to the front building line subject to plan review approval by the Director 11 Deviations from the maximum height requirements for walls as prescribed by this Section may be permitted subject to an approval of conditional use permit by the Zoning Administrator 12 Within the coastal zone, no gate fence or wall shall be permitted that restricts or obstructs public access to the shore (3334 6197) B Required Walls 1 When office commercial or industrial uses abut property zoned or used for residential a six (6) foot high solid six (6) inch concrete block or masonry wall shall be required If a wall meeting these standards already exists on the abutting residential property, protection from vehicle damage shall be provided by a method approved by the Director The maximum fence height shall be eight (8) feet at the common property line, subject to the same design standards and setback requirements as specified for six (6) foot high fences Huntmgton Bach Zoning and subdivision Ordinance Chapter 210 Page 40 of 52 2 industrial screening walls abutting arterial highways shall be architecturally compatible with surrounding properties, constructed of a minimum six (6) inch wide decorative masonry block and designed with landscape pockets at thirty-five (35) foot intervals along the street side sufficient in size to accommodate at least one (1) 15-gallon tree Approval by the Director shall be required prior to construction of such walls (3710-6105) C Visibility 1 On reverse corner lots and corner lots abutting an alley, no fence, wall or hedge greater than forty two (42) inches in height may be located within the triangular area formed by measuring ten (10) feet from the intersection of the rear and street side property lines 2 On corner lots, no fence, wall, landscaping, berming, sign, or other visual obstruction between forty-two (42) inches and seven(7) feet in height as measured from the adjacent curb elevation may be located within the triangular area formed by measuring twenty-five (25) feet from the intersection of the front and street side property lines or their prolongation Trees trimmed free of branches and foliage so as to maintain visual clearance below seven(7) feet shall be permitted 3 Visibility of a driveway crossing a street or alley property line or of intersecting driveways shall not be blocked between a height of forty-two (42) inches and seven(7) feet within a triangular area formed by measuring ten(10) feet from intersecting driveways or street/alley and driveway 10 �2 cuRe�E`oHt _ r z� �s �w 230 CORP DIAGRAM A o - 10 10 10 10 — — — 10 10 10 — 10 230 a b l lunlmgton Beach Zoning and Subdivision Ordinance Ghapler 230 Page 41 of 52 STREETIALLEY DIAGRAM B REVERSE CORNER LOT CORNER LOT INTERIOR LOT CORNER LOT ABUTTING ALLEY / --45 A 45 \1 A A A m I l is THROUGH THROUGH LOT CORNER LOT HEIGHT MEASUREMENT OF FENCE OR WALL r A A 42 inch high fence may be constructed on any portion of the lot ® Indicates that portion of the lot on which a 6 foot high fence may be constructed A Indicates mFnimum front yard setback z, Diagram C r�45 pworsdwp gk2 23090 Contractor's Storage Yards/Mulching Operation Contractor's storage yards in conjunction with public facility improvement contracts and mulching operations on unimproved public or private property may be permitted subject to the following A Initial approval shall be for a maximum of two (2)years The use shall be eligible for a maximum of three one year extensions by the Planning Commission B The development shall comply with parking, access and setback requirements contained in Chapter 231 23092 Landfill Disposal Sites Excavation of landfills or land disposal sites shall be subject to the requirements of this section These provisions are not intended to apply to grading and surcharging operations, permitted f Euntmgton Beach 7oning and Subdivision Ordinance Chapter 230 Page 42 of 52 under Appendix Chapter 70 of the Uniform Building Code Permits for grading on previously approved development projects shall be subject to approval of the Director A Land Disposal Site/Definitions The following words and phrases shall be construed as defined herein unless a different meaning is apparent from the context 1 Excavation Any activity and/or movement of material which exposes waste to the atmosphere 2 Land disposal site Any site where land disposal of Group I II or III waste, as defined by the California Administrative Code, has been deposited either legally or illegally on or into the land including but not limited to landfill, surface impoundment, waste piles, land spreading dumps and coburial with municipal refuse B Operations Plan I No person shall conduct any excavation activity at any land disposal site in the City of Huntington Beach without first submitting to the City an operations plan approved by the Director Such plan shall include complete information regarding the identity, quantity and characteristics of the material being excavated, including a chemical analysis performed by a laboratory acceptable to the City, together with the mitigation measures that will be used to insure that health hazards, safety hazards, or nuisances do not result from such activity 2 Mitigation measures contained in the operations plan may include gas collection and disposal of waste encapsulation, covering waste chemical neutralization, or any other measures deemed necessary by the City 3 Ambient air quality monitoring as well as other monitoring or testing deemed reasonably necessary, shall be included in the operations plan C Approval of Operations Plan 1 The City shall not approve an operations plan unless such plan includes provisions for the + immediate cessation of excavation activity when the operator, or any agent thereof, of a land disposal site has been notified by the City that a nuisance, health, or safety hazard has or is about to occur as a result of such activity therein i 3 Upon determination by any government agency that a nuisance, safety or health problem exists on any land disposal site in the City mitigation measures contained in the operations plan, shall be implemented immediately D Hazardous Waste Sites For any land disposal site determined to be a hazardous waste site by the State Department of Toxic Substances Control and/or the City of Huntington Beach the following additional measures shall be taken prior to excavation of such site (3710 6/05) 1 All property owners within a half mile radius of the site shall receive written notice of all public hearings to be held regarding proposed excavation on the site The cost of ' preparing and mailing such notice shall be paid by the operator/applicant 2 A type of bond, acceptable to the City Attorney, shall be posted by the operator/applicant i insuring that necessary funds are available to restore the site to a safe condition if excavation is prematurely terminated 3 Excavation of the site shall be performed in accordance with the requirements of the State Department of Health Services and any other public agency with jurisdiction over hazardous waste sites I Iuntington Beech Zoning ind Subdivision Ordinance Chapter 210 1 age 41 of 52 E Operations Plan Contents The operations plan shall contain the following I A plan establishing lines of authonty and responsibility between public agencies and the operator/applicant, or his agents, during excavation The plan shall contain specific procedures to be followed by all responsible parties involved with the excavation 2 A plan containing specific measures to monitor air quality to be implemented during excavation to prevent the exposure of on-site workers or area residents to unhealthful vapors from the site If deemed necessary by the State Department of Toxic Substances Control the plan shall also include specific measures for evacuation of residents in the vicinity of the site (3710 6105) 3 A plan showing specific routes for vehicles transporting hazardous wastes from the site 4 A plan containing specific steps for restoration of the site to a safe condition if excavation is terminated prematurely F Exemptions The following activities shall be exempt from the requirements of this section unless otherwise determined by the Director 1 The drilling of holes up to twenty-four(24) inches in diameter for telephone or power transmission poles or their footings 2 The drilling of oil wells, gas wells or landfill gas collection wells or the maintenance of gas or leachate collection systems 3 Any excavation activity which has been determined by the Director to pose an insignificant risk, or any activity which has been covered sufficiently in a plan prepared for any other agency having jurisdiction over the site G Excavation Activity Prohibited 1 No person shall excavate at any land disposal site in the City of Huntington Beach unless he or she first certifies that all applicable regulations of other public agencies with jurisdiction over hazardous waste sites have been met 2 Compliance with the provisions of this section shall not exempt any person from failing to comply with the requirements of the California Health and Safes Code, and any other applicable codes, rules or regulations 230 94 Carts and Kiosks Carts and kiosks may be permitted on private property zoned for commercial purposes, subject to approval by the Planning Director and compliance with this section Carts and kiosks may be permitted as a temporary use on public property subject to Specific Event approval pursuant to Chapter 5 68 (3249 6195 3482 12/00 3525 2102) A Location and Design 1 Critena Cart and kiosk uses shall conform to the following (3249 W95) 1 No portion of a cart or kiosk shall overhang the property line (3249 6/95) 2 The cart or kiosk shall not obstruct access to or occupy a parking space, obstruct access to a parked vehicle impede the delivery of materials to an adjoining property, interfere with access to public property or any adjoining property, or interfere with maintenance or use of street furniture If any existing parking spaces will be displaced or partially or totally blocked by the proposed cart or kiosk, those spaces must be replaced on site at a one-to one (1 1) ratio (3249 6195) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 44 of 52 3 The cart or kiosk shall not exceed a maximum of four (4) feet in width excluding any wheels, eight (8) feet to length including any handle, and no more than six (6) feet in height excluding canopies, umbrellas or transparent enclosures unless a larger size is approved (3249 6/95 3525 2/02) 4 A limit of one cart or kiosk shall be allowed for each commercial business that meets the above locational and design criteria B Factors to Consider The following factors shall be considered regarding the location and the design of cart or kiosk uses including (3249 6/95 3525 2102) 1 Appropriateness of the cart or kiosk design, color scheme and character of its location, (3249 6/95) 2 Appropriateness and location of signing and graphics, (3249 6195) 3 The width of the sidewalk or pedestrian accessway, (3249 6/95) 4 The proximity and location of building entrances, (3249 6/95) 5 Existing physical obstructions including, but not limited to signposts, light standards, parking meters, benches,phone booths newsstands, utilities and landscaping, (3249 6/95) 6 Motor vehicle activity in the adjacent roadway including but not limited to bus stops truck loading zones, taxi stands hotel zones, passenger loading or parking spaces, (3249 6195) 7 Pedestrian traffic volumes, and (3249 6/95) 8 Handicapped accessibility (3249 6/95) C Operating Requirements, Provisions and Conditions 1 During hours of operation, the cart or kiosk must remain in the location specified on the approved site plan (3249 6/95) 2 A cart or kiosk operator shall not sell to or solicit from motorists or persons in vehicles 3 The cart or kiosk operator shall pay all fees and deposits required by the Huntington Beach Municipal Code prior to the establishment of the use (3249 6/95) 4 All provisions of the Huntington Beach Municipal Code which are not in conflict with this section shall apply (3249 6/95) 5 The prices of tems sold from a cart or kiosk must appear in a prominent, visible location in legible characters The price list size and location shall be reviewed and approved by the Planning Director (3249 6/95 3525 2/02) 6 The sale of alcoholic beverages shall be prohibited (3249 6105) 7 The number of employees at a cart or kiosk shall be limited to a maximum of two (2) persons at any one time (3249 6195) 8 Fire extinguishers may be required at the discretion of the Fire Department (3249 6195) 9 All cart and kiosk uses shall be self contained for water, waste, and power to operate (3249 6195) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 45 of 52 10 A cart or kiosk operator shall provide a method approved by the Planning Director for disposal of business related wastes (3249 6195 3525 2102) D Parki Additional parking may be required for cart or kiosk uses by the Planning Director (3249 6195 3525 2102) E Review, Revocation The Planning Department shall conduct a review of the cart or kiosk operation at the end of the first six (6) month period of operation At that time, if there has been a violation of the terms and conditions of this section or the approval, the approval shall be considered for revocation (3249 6195 3525 2102) F Neighborhood Notification Pursuant to Chapter 241 (3525 2102 3710 6105) 230 96 Wireless Communication Facilities A Purpose All wireless communication facilities shall comply with these requirements and guidelines in order to regulate the location and design of wireless facilities for the protection of public safety, general welfare, and quality of life in the City of Huntington Beach 3568 9102) B Permit Required 1 Administrative approval by the Director may be granted for proposed wireless communication facilities (including but not limited to ground mounted, co-located, wall, roof, or utility mounted) that are (3568 9/02) a Co-located to approved facilities at existing heights or complies with the base district height limit for modified facilities, and compatible with surrounding buildings and land uses by incorporating stealth techniques, or (3568 9102) b CompleteIy stealth facilities and complies with the base district height limit, or (3568 9102) c Facilities in non-residential districts and in compliance with the maximum building height permitted within the zoning district, and (3568 9102) 1 Screened from view and not visible from beyond the boundaries of the site at eye level (six feet), or (3568 9/02) 2 Substantially integrated with the architecture of the existing building or structure to which it is to be mounted, or (3568 9102) 3 Designed to be architecturally compatible with surrounding buildings and land uses by incorporating stealth techniques (3568 9102) 2 Conditional use permit approval by the Zoning Administrator shall be required for all proposed wireless communication facilities (including but not limited to ground mounted, co-located, wall, roof or utility mounted) that are (3568 9102) a Exceeding the maximum building height permitted within the zoning distnct, or (3568 9102) b Visible from beyond the boundaries of the site at eye level (six feet), or (3568 9/02) c Not substantially integrated with the architecture of the existing building or structure to which it is to be mounted, or (3568 9102) Huntington Beach Zoning and Subdiviston Ordinance. Chapter 230 Page 46 of 52 d Not designed to be architecturally compatible with surrounding buildings and land uses, or (3568 9102) e Facilities in residential districts that do not meet B 1 a or B 1 b (3568 9102) 3 Design review shall be required for wireless communication facilities located in redevelopment areas, on public right-of-ways, in OS PR and PS zones, in areas subject to specific plans, on or within 300 feet of a residential district, and in areas designated by the City Council Design review is not required for wireless communication facilities that comply with section B 1 (3568 9102) C Definitions For the purpose of this section, the following definitions for the following terms shall apply (3568 9ro2) 1 Accesso Structure Any structure or equipment that is to be located ancillary to an antenna or antennas in the establishment and operation of a wireless communication facility (3568 9102) 2 Co-Location or Co-Located The location of multiple antennas which are either owned or operated by more than one service provider at a single location and mounted to a common supporting structure, wall or building (3568 9102) 3 Completely Stealth Facility Any stealth facility that has been designed to completely screen all aspects of the facility including appurtenances and equipment from public view Examples of completely stealth facilities may include but are not limited to architecturally screed roof-mounted antennas, fagade mounted antennas treated as architectural elements to blend with the existing building, flagpoles, church steeples, fire towers and light standards (3568 9102) 4 Ground Mounted Facility Any wireless antenna that are affixed to a pole, tower or other freestanding structure that is specifically constructed for the purpose of supporting an antenna (3568 9102) 5 Microwave Communication The transmission or reception of radio communication at frequencies of a microwave signal (generally, in the 3 GHz to 300 GHz frequency Spectrum) (3568 9102) 6 Pre existing Wireless Facility Any wireless communication facility for which a building permit or conditional use permit has been properly issued prior to the effective date of this ordinance, including permitted facilities that have not yet been constructed so long as such approval is current and not expired (3568 9102) 7 Roof Mounted Any wireless antenna directly attached or affixed to the roof of an existing building, water tank, tower or structure other than a telecommunications tower (3568 9102) S Stealth.Faciliiy or Techniques Any wireless communication facility, which is designed to blend into the surrounding environment, typically one that is architecturally integrated into a building or other concealing structure See also definition of completely stealth facility (3568 9102) 9 Telecommunication Facility A wireless communication facility that is either wall mounted, utility mounted or roof mounted (3568 9102) 10 Utility Mounted Any wireless antenna mounted to an existing above-ground structure specifically designed and originally installed to support utilities such as but not limited to electrical power lines, cable television lines, telephone lines, non-commercial wireless Huntington Beach Zoning and Subdivision Ordlname Chapter 230 Page 47 of 52 service antennas, radio antennas, street lighting recreational facility lighting, traffic signal equipment or any other utility which meets the purpose and intent of this definition (3568 9102) 11 Wall Mounted Any wireless antenna mounted on any vertical or nearly vertical surface of a building or other existing structure that is not specifically constructed for the purpose of supporting an antenna (including the exterior walls of a building, an existing parapet the side of a water tank the face of a church steeple or the side of a freestanding sign) such that the highest point of the antenna structure is at an elevation equal to or lower than the highest point of the surface on which it is mounted (3568 9102) 12 _Wireless Communication Facility or Facility An antenna structure and any appurtenant facilities or equipment that are used in connection with the provision of wireless communication service, including but not limited to digital, cellular and radio service (3568 9102) D Applicability (3568 9/02) 1 All wireless communication facilities which are erected, located, or modified within the City of Huntington Beach on or following the effective date of section 230 96 shall comply with these guidelines subject to the categorical exemptions under subparagraph (3) of this section, provided that (3568 9102) a All facilities, for which applications were determined complete by the Planning Department prior to the effective date of this section, shall be exempt from these regulations and guidelines (3568 9102) b All facilities for which Building and Safety issued building permits prior to the effective date of section 230 96 shall be exempt from these regulations and guidelines, unless and until such time as subparagraph (2) of this section applies (3568 9102) c Any facility which is subject to a previously approved and valid conditional use permit, may be modified within the scope of the applicable permit without complying with these regulations and guidelines (3568 9102) 2 All facilities for which building permits and any extension thereof have expired shall comply with the provisions of section 230 96 (3568 9102) 3 The following uses shall be exempt from the provisions of section 230 96 until pertinent federal regulations are amended or eliminated See Section 230 80 (Antennae) for additional requirements (3568 9102) a Any antenna structure that is one meter(39 37 inches) or less in diameter and is designed to receive direct broadcast satellite service including direct-to home } satellite service for television purposes, as defined by Section 207 of the Telecommunication Act of 1996 Title 47 of the Code of Federal Regulations and any interpretive decisions thereof issued by the Federal Communications Commission (FCC) (3568 9102) b Any antenna structure that is two meters (78 74 inches) or less in diameter located in commercial or industrial zones and is designed to transmit or receive radio communication by satellite antenna (3568 9102) c Any antenna structure that is one meter (39 37 inches) or less in diameter or diagonal measurement and is designed to receive Multipoint Distribution Service, provided that no part of the antenna structure extends more than five (5) feet above the principle building on the same lot (3568 9/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 i age 48 of 52 d Any antenna structure that is designed to receive radio broadcast transmission (3568 9102) � � f z e Any antenna structure used by authorized amateur radio stations licensed by the FCC (3568 9ro2) g E Facility Standards ` 1 Aesthetics a Facility All screening used in conjunction with a wall or roof mounted facility shall be compatible with the architecture of the building or other structure to which it is mounted, including color, texture and materials All ground mounted facilities shall be designed to blend into the surrounding environment, or architecturally integrated into a building or other concealing structure (3568 9102) b Equipment/Accessory Structures All equipment associated with the operation of the facility, including but not limited to transmission cables, shall be screened in a manner that complies with the development standards of the zoning district in which such equipment is located Screening materials and support structures housing equipment shall be architecturally compatible with surrounding structures by duplicating materials and design in a manner as practical as possible If chain link is used, then it must be vinyl coated and not include barbed wire (3568 9102) c General Provisions All Wireless Communication Facilities shall comply with the Huntington Beach Urban Design Guidelines (3568 9102) 2 BuildingCodes odes To ensure the structural integrity of wireless communication facilities, the owners of a facility shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for facilities that are published by the Electronic Industries Association, as amended from time to time (3568 9102) 3 Conditions of Approval Acceptance of conditions by the applicant and property owner shall be ensured by recordation of the conditions on the property title (3568 9102) 4 Federal Requirements All Wireless Communication Facilities must meet or exceed current standards and regulations of the FCC, and any other agency of the state or federal government with the authority to regulate wireless communication facilities (3568 9ro2) 5 Interference To eliminate interference the following provisions shall be required for all wireless communication facilities regardless of size (3568 9102) a Prior to issuance of a building permit, the applicant must submit the following information to the Police Department for review (3568 9102) 1 All transmit and receive frequencies, (3568 9102) 2 Effective Radiated Power(ERP) (3568 9102) 3 Antenna height above ground, and (3568 9102) 4 Antenna pattern, both horizontal and vertical (E Plane and H Plane) (3568 9102) b At all times, other than during the 24-hour cure period, the applicant shall comply with all FCC standards and regulations regarding interference and the assignment of the use of the radio frequency spectrum The applicant shall not prevent the City of Huntington Beach or the countywide system from having adequate spectrum capacity Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 49 of 52 on the City s 800 MHz voice and data radio frequency systems The applicant shall cease operation of any facility causing interference with the City s facilities immediately upon the expiration of the 24-hour cure period until the cause of the interference is eliminated (3568 9102) c Before activating its facility, the applicant shall submit to the Police and Fire Departments a post-installation test to confirm that the facility does not interfere with the City of Huntington Beach Public Safety radio equipment The Communications Division of the Orange County Sheriff's Department or Division approved contractor at the expense of the applicant shall conduct this test This post installation testing process shall be repeated for every proposed frequency addition and/or change to confirm the intent of the frequency planning process has been met (3568 9102) d The applicant shall provide to the Planning Department a single point of contact (including name and telephone number) in its Engineering and Maintenance Departments to whom all interference problems may be reported to insure continuity on all interference issues The contact person shall resolve all interference complaints within 24 hours of being notified (3568 9102) e The applicant shall insure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of the applicant to comply (3568 9102) & Lighting All outside lighting shall be directed to prevent spillage onto adjacent properties, unless required by the FAA or other applicable authority, and shall be shown on the site plan and elevations (3568 9102) 7 Maintenance All facilities and appurtenant equipment shall be maintained to remain consistent with the original appearance of the facility Ground mounted facilities shall be covered with anti graffiti coating (3568 9102) 8 Monitoring For all wireless communication facilities the applicant shall provide a copy of the lease agreement between the property owner and the applicant prior to the issuance of a building permit (3568 9102) 9 5igns The facility shall not bear any signs or advertising devices other than certification, warning or other required seals of signage (3568 9102) F Site Selection For all wireless communication facilities, the applicant shall provide documentation that demonstrates the following (3568 9102) 1 Compatibility with the surrounding environment or architecturally integrated into a structure (3568 9102) 2 Screened or camouflaged by existing or proposed topography, vegetation, buildings or other structures as measured from beyond the boundaries of the site at eye level (six feet) (3568 9/02) 3 Massing and location of the proposed facility are consistent with surrounding structures and zoning districts (3568 9102) 4 No portion of a wireless communication facility shall project over property lines (3568 9102) 5 Significant adverse impacts to public visual resources shall be minimized by incorporating one or more of the following into project design and construction (Res No 2004 80 11104) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 50 of 52 a Co locating antennas on one structure, (Res No 2004 80 11104) b Stealth installations, (Res No 2004 80 11104) c Locating facilities within existing building envelopes, (Res No 2004 80 11104) d Minimizing visual prominence through colonzation or landscaping, (Res No 2004 80 11104) e Removal of facilities that become obsolete (Res No 2004 80 11104) 6 Wireless communication facilities affecting the public viewshed and/or located in areas designated water Recreation, Conservation, Parks and Shoreline shall be removed within six (6) months of tenminatton of use and the site restored to its natural state (Res No 2004 80 11104) G Facilities in the Public Right-of-Way Any wireless communication facility to be placed over, on or beneath the public right of way shall comply with the following standards (3568 9102) 1 Any wireless communication facilities to be constructed on or beneath the public nght-of- way must have a franchise agreement with the City or the owner that has a wireless franchise agreement with the City or the applicant must provide documentation demonstrating that the applicant is a state franchised telephone corporation exempt from local franchise requirements (3568 9102) 2 All equipment associated with the operation of a facility, including but not limited to transmission cables, shall be placed underground in those portions of the street, sidewalks and public rights-of-way where cable television telephone or electric lines are underground At no time shall equipment be placed underground without appropriate conduit (3568 9102) 3 The City Engineer shall approve the location and method of construction of all facilities located within public rights of-way (3568 9102) 4 All wireless communication facilities shall be subject to applicable City permit and inspection fees, including but not limited to, those pertaining to encroachment permits and all applicable fees (3568 9102) 5 Any wireless communication facility installed used or maintained within the public rights of way shall be removed or relocated when made necessary by any project For purposes of this section project shall mean any lawful change of grade, alignment or width of any public right-of-way including but not limited to, the construction of any I subway or viaduct that the City may initiate either through itself, or any redevelopment agency, community facility district, assessment district, area of benefit reimbursement agreement or generally applicable impact fee program (3568 9102) 6 Wireless communication facilities may be installed on existing utility poles, conduits and ' other facilities of a public utility, with the approval of the City Engineer,provided a franchise agreement exists allowing wireless installation (3568 9102) 7 Prior to the approval of any required building permits or entitlements (Conditional Use t Permits, Variances, etc ) the applicant shall have a franchise agreement approved by the i City Council (3568 9102) H Facilities on Public PropeM Any wireless communication facility to be placed over on or beneath public property shall comply with the following standards (3568 9102) 1 Wireless communication facilities shall be installed in accordance with all applicable City codes and ordinances including but not limited to, standards for paving in the event that any undergrounding of utilities is required (3568 9102) 2 Any wireless communication facilities to be constructed on or beneath public property must have a lease agreement with the city (3568 9102) Huntington Beach Lomn&and Suhdlvision Ordinance Chaptc r 230 Page 51 of 52 I Additional Requirements 1 Landscaping Landscape planting, irrigation and hardscape improvements maybe imposed depending on the location, the projected vehicular traffic the impact on existing facilities and landscape areas, and the visibility of the proposed facility Submittal of complete landscape and architectural plans for review and approval by the Directors of Public Works and Planning may be required Public Works inspectors may require additional improvements during installation based on facility impacts (3568 9102) F 2 Utility Agreement If the proposed facility will require electrical power or any other utility services to the site, the applicant will be required to furnish the City s Real Estate Services Manager, either a drafted utility franchise agreement between the City of Huntington Beach and the applicant to place those lines in the public right of-way, or a written statement from the utility company who will be supplying the power or other services, that they accept all responsibility for those lines in the public right-of-way " (3568 9102) J Facility Removal 1 Cessation of Operation Within thirty(30) days of cessation of operations of any wireless communication facility approved under this section, the operator shall notify the Planning Department in writing The facility shall be deemed abandoned pursuant to the following sections unless (3568 9102) a The City has determined that the operator has resumed operation of the wireless communication facility within six (6) months of the notice, or (3568 9102) b The City has received written notification of a transfer of wireless communication operators (3568 9102) 2 Abandonment A facility that is inoperative or unused for a period of six (6) continuous months shall be deemed abandoned Written notice of the City s determination of abandonment shall be provided to the operator of the facility and the owner(s) of the premises upon which the facility is located Such notice maybe delivered in person, or mailed to the address(es) stated on the facility permit application, and shall be deemed abandoned at the time delivered or placed in the mail (3568 9102) 3 Removal of Abandoned Facility The operator of the facility and the owner(s) of the property on which it is located, shall within thirty(30) days after notice of abandonment is given either(1) remove the facility and restore the premises, or(2)provide the Planning Department with written objection to the City's determination of abandonment Any such objection shall include evidence that the facility was in use during the relevant six- (6) month period and that it is presently operational The Director shall review all evidence, determine whether or not the facility was properly deemed abandoned, and provide the operator notice of its determination (3568 9102) 4 Removal by City At anytime after thirty one (31) days following the notice of abandonment or immediately following a notice of determination by the Director if applicable, the City may remove the abandoned facility and/or repair any and all damage to the premises as necessary to be in compliance with applicable codes The City may but shall not be required to store the removed facility (or any part thereof) The owner of the premises upon which the abandoned facility was located, and all prior operators of the facility shall be jointly liable for the entire cost of such removal repair, restoration and/or storage and shall remit payment to the City promptly after demand thereof is made The City may, in lieu of storing the removed facility convert it to the City s use, sell it, or dispose of it in any manner deemed appropriate by the City (3568 9102) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 52 of 52 ATTACHMENT 3 I ORDINANCE NO 3730 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 230 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TITLED SITE STANDARDS The City Council of the City of Huntington Beach does hereby ordain as follows SECTION 1 Section 230 88 A 2 Permitted Fences and Walls of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended as follows A 2 Fences or walls a maximum of six (6) feet in height may be located m required side or rear yards except as excluded in this Section Fences or walls exceeding six (6) feet in height may be located in conformance with the yard requirements applicable to the main structure except as provided for herein or in the regulations of the district in which they are located a Fences and walls located adjacent to arterials along the rear and/or street side yard property lines and behind the front setback, may be constructed to a maximum total height of eight (8)feet including retaining wall with the following (1) The proposed building materials and design shall be in conformance with the Urban Design Guidelines (2) Extensions to existing wall(s) shall require submittal of engineering calculations to the Building and Safety Department (3) The property owner shall be responsible for the care and maintenance of the landscape area(s) and wall(s) and required landscape area(s) (4) Approval from Public Works Department b Exception A maximum two foot(2 ) lattice extension (wood or plastic) that is substantially open may be added to the top of the six foot (6') high wall or fence on the interior property line without Building Permits so long as notification to the adjacent property owners is provided SECTION 2 All other provisions of Chapter 230 not modified herein shall remain in full force and effect SECTION 3 This ordinance shall become effective 30 days after its adoption ordl06zoning/chap 230 1 / PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2006 Mayor REVIEWED AND APPROVED APPROVED AS TO FORM tty Aa6unistrator City Attorney "T TED AND APPROVED ector o lammng or&06zomng/chap 230 2 Chapter 230 Srte Standards Legislative Draft 23088 Fencing and Yards No portion of a required yard area provided for a structure on a lot shall be considered as part of the yard area for any other structure on the same or an adjacent lot In all districts,minimum setback lines shall be measured from the ultimate right-of-way line Diagrams A, B and C are hereby adopted to illustrate the provisions of this chapter Where any discrepancy occurs between the diagrams and the printed text the text shall prevail Yards and fencing shall comply with the following criteria in all districts or as specified A Permitted Fences and Walls - 1 Fences or walls a maximum of forty-two (42) inches in height may be located in any portion of a lot, except screen walls on lots in the RMH-A subdistrict shall be set back a minimum of three (3) feet from the front property line Fences or walls exceeding forty-two (42) inches in height may not be located in the required front yard, except as permitted elsewhere in this Section (3334-6197 3410 3199) 2 Fences or walls a maximum of six (6) feet in height may be located in required side and rear yards, except as excluded in this Section Fences or walls exceeding six (6) feet in height may be located in conformance with the yard requirements applicable to the main structure except as provided for herein or in the regulations of the district in which they are located a Fences and walls located adjacent to artenals along the rear and/or street side yard property lines, and behind the front setback, may be constructed to a maximum total height of eight(8) feet including retaining wall with the following (3525-2/02) (1) The proposed building materials and design shall be in conformance with the Urban Design Guidelines (3525 2/02) (2) Extensions to existing wall(s) shall require submittal of engineering calculations to the Building and Safety Department (3525 2102) (3) The property owner shall be responsible for the care and maintenance of landscape area(s) and wall(s) and required landscape area(s) (3525 2102) (4) Approval from Public Works Department (3525 2102) b Exception A maximum two foot (2') lattice extension(wood or plastic)that is substantially open may be added to the top of the six foot(6') high wall or fence on the interior property line without Building Permits Noufleation Notification shall be provided to the adjacent property owners (3710-6105) 3 Fences or walls in the rear yard setback area of a through-lot shall not exceed forty-two (42) inches in height This subsection shall not apply to lots abutting artenal highways 4 In the RL district, garden or wing walls or fences equal in height to the first floor double plate, but not exceeding nine(9) feet,which are perpendicular to and entirely within a side yard may be constructed to the interior side property line and to within five(5) feet of the exterior side property line provided they are equipped with a three (3) foot gate or accessway Huntington Beach Zoning and SuhdlVl510n Ordinance Chapter 230 Page 39 of 52 ATTACHMENT 4 Q CITY OF HUNTINGTON BEACH City Council Interoffice Communication To Honorable Mayor Pro em and City Council Members = From Jill Hardy, Mayor Date August 29, 2005 �, F Subject H-ITEM FOR SEPTEMBER 8, 2005 CITY COUNCIL ME'ETINIV OR PROPERTY LINES AND LA TTICE FENCE CD EXTENSIONS SIONS WITH NEIGHBORHOOD NOTIFICATION ��x c STATEMENT OF ISSUE The City has recently adopted a series of amendments to the Huntington Beach Zoning and Subdivision ordinance, commonly referred to as Permit Streamlining Phase it In the process, Section 230 88, subsection A. Permitted Fences and Walls was amended to include an exception to permit two-foot lattice extensions to the top of a six-foot high fence on an interior property line The exception allows the extension without building permits but requires Neighborhood Notification pursuant to Chapter 241 The notification process involves the noticing of all property owners and tenants within a 300 ft. radius of the subject property In the implementation of the recently adopted ordinance, it has been brought to my attention that the costs for the noticing requirements exceed the costs for the proposed improvements In addition, the 300 ft. notification radius seems extreme when the issue is only between two properties that share an interior property line Therefore, I propose the City Council consider an amendment to these provisions and eliminate the Neighborhood Notification requirement for these types of fence improvements l propose the notification process only involve those properties that abut the interior property line that propose the fence extension RECOMMENDED ACTION Direct the Planning staff to prepare the appropriate zoning text amendments to eliminate the Neighborhood Notification requirement for these types of fence improvements and only notify those properties that abut the interior property line xc Penny Culbreth-Graft, City Administrator .loan Flynn, City Clark Paul Ernety Deputy City Administrator Ross Cranmer Director of Building and Safety /V - � ' ATTACHE , ATTACHMENT 5 C (24, September 6, 2005- Council/Agency Minutes Page 25 (City Council) Approved Interior Property Lines and Lattice Fence Extensions with Notification to Properties that Abut the Interior Property Line (920 90) The City Council considered a communication from Mayor Jill Hardy transmitting the following Statement of issue At this time Counciimembers may report on items not specifically described on the agenda which are of interest to the community No action or discussion may be taken except to provide staff direction to report back or to place the stern on a future agenda The City has recently adopted a series of amendments to the Huntington Beach Zoning and Subdivision Ordinance commonly referred to as Permit Streamlining Phase 11 In the process Section 230 88 subsection A Permitted Fences and Walls was amended to include an exception to permit two-foot lattice extensions to the top of a six-foot high fence on an interior property line The exception allows the extension without building permits but requires Neighborhood Notification pursuant-to Chapter 241 The notification process involves the noticing of all property owners and tenants within a 300 ft radius of the subject property In the implementation of the recently adopted ordinance it has been brought to my attention that the costs for the noticing requirements exceed the costs for the proposed improvements In addition the 300 ft notification radius seems extreme when the issue is only between two properties that share an interior property line Therefore I propose the City Council consider an amendment to these provisions and eliminate the Neighborhood Notification requirement for these types of fence improvements I propose the notification process only involve those properties that abut the interior property line that propose the fence extension Councilmember Green inquired about requirements for exterior modifications and staff reported A motion was made by Cook second Bohr to direct the Planning staff to prepare the appropriate zoning text amendments to eliminate the Neighborhood Notification requirement for these types of fence improvements and only notify those properties that abut the interior property line The motion carried by the following roll call vote AYES Hansen Coerper Sullivan Hardy Bohr Cook NOES None ABSENT None ABSTAIN Green (City Council) Approved as Amended—Proposed Amendment to Specific Plans 90) The City Council considered a communication from Mayor Jill Hardy transmitt a following Statement of Issue Currently certain Specific Plans permit modificati and review of development protects as follows A A minor modification to the Specific Plan is a sim I endment to the exhibits and/or text that does not change the meaning or intent of the is Plan The Planning Director may accomplish this administratively with a report to the ping Commission B A malgr modification to pecific Plan is an amendment to the exhibits and/or text intended to change the meanin tent of the Specific Plan Development Concept Design Guidelines or Development ulations This requires a Zoning Text Amendment and action by the Planning Commis and City Council ATTACHMENT 6 � City of Huntington Beach Planing Department 0 STAFF REPORT HUJ MNG70N 95ACH TO Planning Commission FROM Howard Zelefsky, Director of Plannin BY Rosemary Medel,Associate Planner DATE December 13, 2005 SUBJECT ZONING TEXT AMENDMENT NO 05-02(INTERIOR PROPERTY LINES AND LATTICE FENCE EXTENSIONS WITH NEIGHBORHOOD NOTIFICATION) APPLICANT City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 LOCATION Citywide STATEMENT OF ISSUE Zoning Text Amendment No 05-02 request - Amend Section 230 88, A 2,Permitted Fences and Walls, to delete Neighborhood Notification requirement for two-foot laWce extensions on the top of a six-foot high fence or wall on an interior property line ♦ Staff s Recommendation - Per City Council's direction, approve Zoning Text Amendment No 05-02 and forward to the City Council for adoption RECOMMENDATION Motion to "Per City Council direction, approve Zoning Text Amendment No 05-02 with findings (Attachment No 1) and forward Draft Ordinance(Attachment No 2), including the legislative draft to the City Council for adoption" ALTERNATIVE ACTION(S) The Plannmg Commission may take alternative actions such as A "Deny Zoning Text Amendment No 05-02 with findings " B "Continue Zoning Text Amendment No 05-02 and direct staff accordingly" PROJECT PROPOSAL Zoning Text Amendment No 05-02 represents a request to amend Section 230 88 A, Permitted Fences and Walls of the Zoning and Subdivision Ordinance(ZSO) by deleting the Neighborhood Notification requirement for two-foot lattice fence extensions on the top of a six-foot high fence on an interior property line pursuant to Section 247 02 of the Huntington Beach Zoning and Subdivision Ordinance(ZSO) The zoning code currently allows the extension of a fence without a building pernt but requires Neighborhood Notification pursuant to Chapter 241 The notification process involves the noticing of property owners and tenants within a 300-foot radius of the subject property The unplementation process for Neighborhood Notification requires an Administrative Permit at a cost of$530 00 The application fee and noticing requirements have proven to be too costly for residents City Council initiated this zoning text amendment to address this concern(Attachment No 4) Background The City Council adopted Permit Streamlining Phase H in April of this year The adopted ordinances became effective on rune 2, 2005 At that tune, Section 230 88, subsection A , Pemutted Fences and Walls, was amended to include an exception to permit a two-foot lattice extension to the top of a six-foot high fence on an interior property line The exception allows the addition of a fence extension without a building permit but requires Neighborhood Notification pursuant to Chapter 241 The notification process involves the noticing of all property owners and tenants within a 300-foot radius of the subject property (Attachment No 3) On November 8, 2005,the Planning Commission held a study session to review the currently proposed zoning text amendment ISSUES General Plan Conformance The proposed Zoning Text Amendment is consistent with the goals, policies, and objectives of the City's General Plan as follows Economic Development Element Goal ED 2 31 Strive to reduce all discretionary permit and licensing processing tune The proposed amendment changes the Huntington Beach Zoning and Subdivision Ordinance by eliminating the notification requirements thereby eliminating the administrative processing costs to residents PC Staff Report 12/13/05 Page 2 (05sr39—ZTA#05-02) Zonzng Compliance Not applicable Urban Design Guidelines Conformance Not Applicable Environmental Status The proposed project is categorically exempt pursuant to City Council Resolution No 4501, Class 20, which supplements the California Environmental Quality Act Coastal Status This project would be considered a minor amendment to the City's Local Coastal Program and will be forwarded to the California Coastal Commission with other minor amendments Redevel pment Status Not applicable Design Review Board Not applicable Subdivision Committee Not applicable Other Departments Concerns and Regiments There are no concerns from other City Departments Public NotiLle Lion Legal notice was published in the Huntington Beach/Fountain Valley Independent on December 1, 2005, and notices were mailed out to individuals/organizations requesting notification(Planning Department's Notification Matrix) as well as all interested parties As of December 7, 2005,no communication supporting or opposing the request has been received in response to the hearing notice Application Processing Dates DATE OF COMPLETE APPLICATION MANDATORY PROCESSING DATE(S) Not applicable Not applicable(Legislative Action) ANALYSIS The amendment eliminates the need for an Administrative Permit and the 300-foot radius notification A fence extension would be permitted after a courtesy notification to the adjacent property owners The amendment improves the permit process by reducing processing time and eliminating costs to property owners The deletion of the Administrative Permit provides a savings of$530 00 to property owners plus costs to prepare mailing labels The benefits to residents are no pemut fee, no cost for notification labels or postage, and no administrative processing requirements Based on the number of inquires received at the public counter to extend existing fence heights, staff anticipates that the deletion of the Administrative Permit for fence extensions would be well received by residents Since the effective date of the ordinance, the Planning Department has received i nqumes but no applications for lattice fence extensions with Neighborhood Notification Per City Council directive, it is recommended that the Planning Commission approve Zoning Text Amendment No 05-02 PC Staff Report 12/13/05 Page 3 (05sr39—ZTA#05-02) ATTACHMENTS - 2 �-- v ixua a iss--x ssnv S'�hd1�nG nrdjnaxtCe SeCtlorL23088 SH MBB RM rl PC Staff Report 12/13/05 Page 4 05sr39—ZTA#05 02) LEATTACHMENT 7 71 ° ZONING TEXT AMENDMENT ° 0 ° ❑ NO 05-02 ❑ ° ° INTERIOR PROPERTY LINES AND ° LATTICE FENCE EXTENSIONS o WITH NEIGHBORHOOD NOTIFICATION 71 o FEBRUARY 6, 2006 ❑ ❑ ° ZONING TEXT AMENDMENT ❑ ❑ REQUEST ❑ ❑ o For two-foot lattice extensions on top 0 of a six foot high fence on an interior o property line o ■ Deletes 300 foot radius Neighborhood ° Notification Cl ■ Deletes Administrative Permit fee of o $530 00 ❑ 1 ❑ ID BACKGROUND ❑ ❑ El ■ City Council adopted Permit Streamlining Phase 0 11 in April of this year 0 ❑ ■ Ordinances became effective June 2, 2005 ❑ ° ■ Section 230 M A , Permitted Fences and Walls, ❑ amended to-include an exception to permit a two- foot fence lattice extension on an interior property o line ❑ ■ No building permit required 0 o ■ Requires 300 foot Neighborhood Notification © pursuant to Chapter 241 10 71 0 ❑ ANALYSIS ❑ ❑ ❑ ■ City Council approved an H-Item directing staff to © amend the code to delete Neighborhood Notification o requirement o ■ Lattice extensions would be permitted with courtesy ° notification to add acent property owners Cl ■ Benefits to residents are improved processing time, o no permit fee, no cost for notification labels or o postage and no administrative processing o requirements ILI ❑ ❑ IN) EC0MMENDATIQN 0 11 ■ Approve Zoning Text Amendment No 05- 0 02 (Deleting Neighborhood Notification ❑ requirement for two-foot lattice fence o extensions on anterior property lines) ❑ 0 El LI ❑ END Cl ❑ ❑ ❑ ❑ 3 RCA ROUTING SKEET INITIATING DEPARTMENT Planning SUBJECT Zoning Text Amendment No 05-02 (Lattice Fence Extensions with Neighborhood Notification COUNCIL. MEETING DATE February 6, 2006 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached Resolution (w/exhibits & legislative draft if applicable) NotApplicable Tract Map Location Map and/or other Exhibits Not AppIicable - Contract/Agreement (wlexhibits if applicable) (Signed in full by the City Attomeyj Not Applicable Subleases Third Party Agreements, etc (Approved as to form by City Attome Not Applicable Certificates of Insurance (Approved PZ the City Attome Not Applicable Financial Impact Statement Unbud et over$5 000 Not Applicable Bonds If applicable) Not Applicable Staff Report [f a plicable Attached Commission Board or Committee Report If applicable) Not Applicable 46- Find in s/Conditions for Approval and/or Denial Attached EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant Ci Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM Only)(Below Space For City Clerk's Use RCA Author HZ SH MSB rm rk i� ,4 V-'r-MA-/L - NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday February 6 2006 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 05-02 (INTERIOR PROPERTY LINES_ AND LATTICE FENCE EXTENSIONS WITH NEIGHBORHOOD NOTIFICATION) Applicant City of Huntington Beach Request To eliminate the need for an Administrative Permit and the 300-foot radius Neighborhood Notification for a two-foot lattice fence extension on an interior property line fence Location Citywide/Residential Zones Project Planner Rosemary Medel NOTICE IS HEREBY GIVEN that Item No 1 is categorically exempt from the provisions of the California Environmental Quality Act ON FILE A copy of the proposed request is on file in the City Clerk s Office 2000 Main Street Huntington Beach California 92648 for inspection by the public A copy of the staff report will be available to interested parties at the City Clerk s Office on (Thursday before meeting) February 2 2006 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 Councils action in court you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at or prior to the public hearing If there are any further questions please call the Planning Department at 536-5271 and refer to the above items Direct your written communications to the City Clerk Joan Flynn City Clerk City of Huntington Beach Y 2000 Main Street 2nd Floor Huntington Beach California 92648 (714) 536-5227 (g legals CCLGFRM2a) r I CITY COUNCIUREDEVELOPMENT AGENCY PUBLIC HEARING REQUEST SUBIECT DEPl MEETING DATE c-.;x CONTACT D PHONE k l 27el _ I�/A YES IN { ) (0'' ( ) Is the notice attached? ( ) ( ( ) Do the Heading and Closmg of Notice reflect City Couned(and/or Redevelopment Agency)hearing? Are the date,day and tune of the public hearing correct? ( { } ( ) If an appeal,is the appeicant's name included to the notice? I ( ( ) ( } If Coastal Development Pernut,does the notice mclude appeal language? ( ( ) ( ) Is there an Environmental Status to be approved by Council? ( ( ) ( } Is a map attached for publicaton? Is a larger ad requu-ed? Size { ) ( } Is the verification statement attached indicating the source and accuracy of the madmg list? I ( ( ) ( ) Are the applicant's name and address part of the mailing labelsh Are the appellaes name and address part of the mallmg lapels? ( ( } ( ) If Coastal Development Pemut,is the Coastal Commission part of the maiyng labels? I ( } ( ) If Coastal Development Permit.are the resident labels attached? { ( } ( ) Is the Report 33433 attached? (Economic Development Dept,items only) Pleas complete the following- 1 Mm=um days from publicatona to hearing date 2 Number of times to be publishcd r _ 3 Number of days between publications21 l 3 LH MEETING DATE February 6, 2006 DEPARTMENT RECEIVED SUBJECT REQUESTING DATE Planning 1/19/06 ZTA No 05-02 Interior Property Lines and Lattice Fence Extensions with neighborhood Notification TODAY'S DATE January 19, 2006 VERIFIED BY ADM ININSTRATION APPROVED BY Paul Emery Deputy City Administrator 1/19/2006 12 02 PM 1A?pMlbTro1#dgolFf SjWdt chage rapide VDU MAWW O"WM 1H ffAWft1MMWKFARING NOT[F[CATMON CHEC?M"F j_1LING L BEfS—Noveriber 29 2005 G Labels\Labels\Public Hearing HB Coastal Communi s Assoc 43 Huntington Valley Little League 47 HB Field Hocke 47 David Guido Renee Auni ler Mamlal Padhiar 143 E Meats Avenu 209 Hartford 1 782 Metzler r Orange CA 92865 Huntington Beac CA 92648 H tington Be h CA 92 i47 Downtown Busin s Associatio 44 AYSO Region 1 3 47 HB op Warn r Fo tball** 47 Mr Steve Daniels Comnaussioner ithony DeGig o Ma Stolze 200 Maui Street 106 13976 Milan S et P O ox 506 Huntington Beac CA 92 Westminster C 92683 Hun gton B ach C 92o15 Downtown Res ents As c a on 45 Fountain Val Youth Baseball 47 North H S ccer Clu 47 Ms Mane St rm tin Al Letua Presid nt orge Mitt 505 Alabama 14591 Yucc rcle 18601 e d Street 5 1 Huntington B ch CA 6 8 Huntington e ch CA 92647 Huntin on each CA 2 A6 r Chairperson 46 H B jr All e can Footb ** 47 Rabinw Li e Leap 47 Gabrieleno/ ongva T al cil Gregg Nutt Sandy H r PO Box 693 P O Box 224 16722 Al nqu St ## San Gabriel A 917 8 Huntington B ac CA 9264 Huntsngto Bea h CA 49 Juatieno B d of M si I❑ an$ 46 Huntutgton ac Soccer gue* 47 Seaview ttle gue 47 Aclacheme Natio Febpe Zapat Brett Sh on 31411 La stanza tre 18442 Steep an #3 20141 M a L e San Juan C istran C 926 5 2625 Huntington ea h CA 926 8 Huntmgt n Beac CA 9, L46 South Coast otter Cl * 47 Ocean View i e League 47 Westiutn er Vdlage OA 48 President M tin B Cathv Van o rnum Presi nt 5200 Bla pool Roa 8921 Cresce t Dn e 6881 Steer se Circle # Westmin ter CA 9 683 Fluntngton each CA 92 6 Huntington ch CA 9264 8 r West Co F y Y MCA* 47 South HB Gi i Fast Pitch So all** 47 Gary Br wn 49 Laval Brewer Mane Ensey Coastke ers 2100 Man S et 21401 Pmc6 Lane 441 Old Newport Blv to 103 Huntington B ach CA 926 6 Hunnugton I ach,CA 92647 Newpo Beach CA 9 6 r 1 Regional Envir iental O er for Cahf 50 Fort lrwt 50 Fort H ter Irggett 50 Westeua Region won O e Lt Col P ul Cramer Mr Pet r Rubin US Air Force Director f blic Works Na i Training Cntr Direct of"Public Works 333 Market Street to 625 P fl Box 05097 Comb Support`i'raining Ce Aer San Francisco CA 410521 Fort I CA 92310 1 - St Parks RFTA Dublin CA 945680 Sheila Donovan 50 Patrick C insunau Director 50 Community flans& iaisou Coordinator Western Zegion Emuotimental Office US Navy US Marit e Corps Building 1164 1220 Pactfic FLghwa Box 555 6 San Diego CA 92132 5190 Camp P dleton CA 92055 5246 a Z Pale 3 of � �'MAY '� wli}9 vri®@!� FN�' �/ Atti460ii apidea a6ey�aS"1W61 PW MIN bMdlbrnat pdmm��a raplde � moar WJ�I$"M UMMMO 6°H£ARING NOTIFICATION CHEC RF"Kh =r MAILING LABELS—November 29 2005 G Labels\labels\Public Hearing California Coastal Commis51On 25 Jon M Arc d 32 Sally Grah 39 Theresa Henry Wes e�ood District Mead ark lr South Coast Area Office 141 CedaAvenue 5 Gel Ci 200 Oceangate 10th Floor We s 2683 untuigton Beach CA 92649 Long Beach CA 92802 4302 i Califorsua Coastal Commission 25 Stephen Ritt 33 Cheryle Brow�te 39 South Coast Area Office HB Uni digh Sc Disrict Meadow A 200 Oceangate 10th Floor 1025 orkta venue 1677 oos el Long Beach CA 92802 4302 Hu tingto each CA 92646 H tmgt Beac CA 92649 i Robert Joseph 26 CSA Inc 34 Hearthside Domes 40 { Caltrans Dis 12 Marshall pp Presi 6 Executive Circle Suite 50 3337 M< son rive Suite 380 204 a Irvine CA 92614 I CA 9 12 1699 Ne port Be CA 926G0 Director/35 27 Goldenwest Co 35 Boha Chi and Trust 41 Local SoAgy Attn Fred ens 5200 er Av ue 5 108 O C Hcy 15744 denwest Hu gton ach C 92c,49 P O o H gton Be CA 92647 S to Sn New Growth Coordinator 28 OC County H rs Beac 36 Bolsa Chica L Tnis 41 Huntington Beach Post Office and Par ept Evan Hen Presi nt 6771 Warner Ave P O x 4048 1812 P Tif lace Huntington Beach CA 92647 S Ana C 2702 4048 New ort B ch CA 9 6601 Marc Eck 29 Huntington Beach Mall 37 Steve Homer Chairper n 42 1~ountl Valle lem ool Dist Attn Pat Rogers Laude SEHBNA 17210 Oak et 7777 Edinger Ave #300 P O B 5696 Fount alley A 92708 Huntington Beach CA 92647 Hun gton ach CA 92 1� Dr G1ry Rutherford Super 30 Country View Estates HOA 38 OC Salutation District 42 HB City Elemen ool st C;642 Thoma 10844 Ellis ue 20451 Craune ane 6Tr r Drive Fountain ey CA 7C 8 Hunhrtgt each 9264$ gton Beach 92648 4 I David Perry 30 Country View ates HO 38 Eric Pen& Plant Mai r 42 HB City Me ntary S ool Dist Gerald Ch an AES Hu gton Beac ,C 20451 Cr er L 6742 S e Circle 2173 ewland S Hun. on Bea CA 92648 Hu gton Be CA 92648 H tington Beach CA 92646 F Richard Lo 42 Huntington B Girls Safi 47 AYSO Region 47 9062 ui Drive Mike Eri on Commissi er Cathy I Hun gton Beach A 92646 P O 3943 22041 atahna Ci H ngton Be CA 92605 3943 Hujrngton Beach CA 92 ,46 John Ely 42 AYSO �anoti 47 AYSO Region 55 47 2210 ockpo ane John Cominissio uane Hurta H tingtozi ach CA 9264G 94 Cormorant C P O B 852 ��` �� untam Valley A 92708 H gton Beach 92647 wa096rFQgQj:� AIUAV 09 009 4 wa096S 3JLVIdW3]. Ajand asn >W0965N Yl �9t0$Bn+G ® 6ul;uu�plBl Witl Uft ®AZ13/1�1' wog Ame mmAA ,,,ram apldet a6t teas a ja a6ennoclllue u0issaadwl i res5 o i an isrciurra a ei 0 aecnagia rdpiae www aver cam 0 am#596UT^^ S� M771iVX, ABELS -0o November 9 CHEOZOOS U�a P<� �r se very LAATTEE LABELS—November 29 Z005 e s1[,abels\ b Y President 1 Huntington Harbor POA 10 Sue Johnson 16 H B Chamber of Commerce P O Box 791 19671 Quiet Pa-lane 19891 Beach Blvd Ste 140 Sunset Be C�907' Huntin each �48 Huntaigton Beach CA 9264$ Dave Stefarudes 2 William D Holman 11 Edna latdebury 17 Orange County Assoc of Realtors PLC Gldn St Mob Hm Owne s Leag 25552 La Paz Road 19 Corporate Plaza Drive 11021 Magnolia Blvd Laguna Hills CA 92653 Newport Beach CA 92660 7912 Garden Grove CA 92642 President 3 Jeffrey M Oderman 12 Pacific Coast Arch logical 18 Amigos De sa Chi RUTAN&TUCKER,LLP Society Inc 16531 B a Cluc eet Suite 312 611 Anton Blvd 1411 Floor PO Bo 926 Hun on Be CA 92649 Costa Mesa CA 92626 1950 Co es a 92627 Jane Gothold Su/Bo15 omm ity Assoc 4 Pres H B Hast Society 13 Director 19 Pade C/O Newland House Museum O C Ping &Dev Service Dept PO 19820 Beach Blvd P O Box 4048SuA 90742 Q215 Huntington. Beach CA 92648 Santa Ana CA 92702 404c President 5 Community Services Dept 14 Vicky Wilson 19 ti Huntington Beach Tomorrow Chairperson O C Public Facilities &R s Dept PO Box 865 Historical Resources Bd P O Box 4048 Huntington Beach CA 92648 Santa Ana CA 92702 484 Julie Vandermost 6 Council on Aging 15 Planning Director 20 BIA OC 1706 Orange ve City of Cos 12 esa 17744 Skv Park Circle #170 Huntin n Beac A 92648 P O 00 Irvine CA 92614 4441 C Mes A 92628 1200 Richard Spicer 7 Jeff Metzel 16 Planning Director 21 SCAG Seachff HOA City of Fountai all 818 W 7th Floor 19391 Sha arbor cle 10200 Slate ve Lo geles A 90017 Hun on Beach 92648 Foun alley 9270� E T I Corral 100 8 John Roe 16 PlannKB 22 Mary Bell Seachff HOA City o 20292 Eastwood Cir 19382 Sur£ e Lane P O Huntington Beach CA 92646 Hunriri n Beac CA 92648 Necvp66 89P Ray Fhemstra 9 Lou Marmon 16 Planning Directo 23 7 Environmental Board Chairman Seachff I A City of Wes stet 214 19" Street#5 19821 cean Bluf ircle 8200 We ist lvd Huntington Beach CA 92648 Hun gton Be CA 9264$ Wes stet A 92683 Planing D for 24 Mary Lou Beckm/C2647 31 HB Hamptons A 38 City of al Bea Ocean view ElDistrict Progressiv omm ty N;gmt 211 F t St 17200 Pule st 27405 erta #300 Serbeach A 907 Huntin n Beac Miss n Vie CA 92691 ZT?- 015- ^ LL!! ��gq Pa e 1 of3 � - -k wiQgg5���01WI M %AVMVIt �OP-AV" apidea afieW�a Sabi 4ySi�? 1 � T PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid, I am over the age of eighteen years, and not a party to or interested in the below entitled matter I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach issue of said newspaper to wit the Issue(s) of- JANUARY 26,2006 I declare, under penalty of e u that � P r7 rY� the foregoing is true and correct Executed on JANUARY 26,2006 at Costa Mesa, California 4 Signature NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH `NOTICE IS HEREBY GIVEN that on Monday February 6 2006 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 05-02(INTERIOR_PROPERTY LINES AND LATTICE FENCE EXTENSIONS WITH NEIGHBORHOOD NOTIFICATION) Applicant City of Huntington Beach Request To eliminate the need for an Administrative Permit and the 300-foot radius Neighborhood Notification for a two-foot lattice fence extension on an interior property line fence Location Citywide/Residential Zones Project Planner Rosemary Medel NOTICE IS HEREBY GIVEN that Item.No 1 is categorically exempt from the provisions of the California Environmental Quality Act ON FILE A copy of the proposed request is on file in the City Clerk s Office 2000 Main Street Huntington Beach California 92648 for inspection by the public A dopy of the staff report will be available to interested parties at the City Clerk s Office on (Thursday before meeting) February 2 2006 DALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above If you eichallenge the City Council s action in court you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at or prior to the public hearing If there are any further questions please call the Planning Department at 536-5271 and prefer to the above items Direct your written communications to the City Clerk Joan Flynn City Clerk City of Huntington Beach 2000 Main Street 2nd Floor Huntington Beach California 92648 (714) 536-5227 I I I I PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss COUNTY OF ORANGE ) 1 am a Citizen of the United States and a resident of the County aforesaid, 1 am over the age of eighteen years, and not a party to or interested in the below entitled matter 1 am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach issue of said newspaper to wit the Issue(s) of JANUARY 26,2006 I declare, under penalty of pegury, that the foregoing is true and correct Executed on JANUARY 26,2006 at Costa Mesa, Calrfomia Signs ure I NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday February 6 2006 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 05-02 (INTERIOR PROPERTY LINES AND LATTICE FENCE EXTENSIONS WITH NEIGHBORHOOD NOTIFICATION) Applicant City of Huntington Beach Request To eliminate the need for an Administrative Permit and the 300-foot radius Neighborhood Notification for a two-foot lattice fence extension on an interior property line fence Location Citywide/Residential Zones Protect Planner Rosemary Medel NOTICE IS HEREBY GIVEN that Item No 1 is categorically exempt from the provisions of the California Environmental Quality Act ON FILE A copy of the proposed request is on file in the City Clerk s Office 2000 Main Street Huntington Beach California 92648 for inspection by the public A Popy of the staff report will be available to interested parties at the City Clerk s Office on (Thursday before meeting) February 2 2006 ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above If you challenge the City Council s action in court you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at or prior to the public hearing If there are any further questions please call the Planning Department at 536 5271 and xefer to the above items Direct your written communications to the City Clerk Joan Flynn City Clerk City of Huntington Beach 2000 Main Street 2nd Floor Huntington Beach California 92648 (714) 536-5227 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK NOTICE OF ACTION February 10 2006 Planning Department City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 SUBJECT ZONING TEXT AMENDMENT NO 05 02 (Lattice Fence Extensions With Neighborhood Notification) APPLICANT City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 LOCATION Citywide/Residential Zones DATE OF ACTION February 6 2006 On Monday February 6 2006 the City Council of the City of Huntington Beach took action on your application and approved Zoning Text Amendment No 05-02 with findings for approval (attached) If you have any questions please contact Rosemary Medel Associate Planner at (714) 374 1684 or the Planning Department Zoning Counter at (714) 536 5561 Sincerely � M1149-9) Joan L Flynn City Clerk Attachment (Telephone 714 536 5227) FINDINGS FOR APPROVAL ZONING TEXT AMENDMENT NO 05-02 FINDINGS FOR APPROVAL—ZONING TEXT AMENDMENT NO 05-02 1 Zoning Text Amendment No 05 02 to amend Section 230 88 A Permitted Fences and Walls of the Zoning and Subdivision Ordinance is consistent with the objectives policies general land uses and programs specified in the General Plan and any applicable specific plan because the amendment streamlines the entitlement process for an extension of height to an existing fence thereby furthering the City's development goals 2 In the case of a general land use provision the zoning text amendment is compatible with the uses authorized in and the standards prescribed for the zoning district for which it is proposed The amendment revises processing requirements and clarifies permitted use within the zoning classification 3 A community need is demonstrated for the change proposed as directed by the City Council 4 Its adoption will be in conformity with public convenience general welfare and good zoning practice by codifying existing policies and creating a zoning and subdivision ordinance more reflective of City priorities PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE - +► h�c�h►co I am a Citizen of the United States and a "A N ORDINANCE OF THE resident of the County aforesaid; I am CITY AMETNDING CHAPTER 230-6F THE over the age of eighteen years, and not a HUNTINGTON BEACH BDIVI- party to or interested in the below entitled ZONING AND SffrrT ORDINANCEANCE 1TMED TfTLED SITE STANDAIR&T matter. I am a principal clerk of the SYN6SIS: , P P THE AMENDMENT HUNTINGTON BEACH INDEPENDENT, 'PRo ESS BY REDUCING a newspaper of general circulation, PROCESSING IN�'"C TS THE BENEFITS TO RES- printed and published in the City of LA e ID NOEN TER IT Huntington Beach, County of Orange, TIFICATtgtl BELS 9 9 OR POSTAGE,AND NO State of California and that attached ADMINISTRATIVE` � PROCESSING REQUIRE- METS. HE DELETION Notice is a true and complete copy as OF NTHET NE GHIBOR- HOOD was printed and published in the PROCESS NO THATION AD- MINISTRATIVE PERMIT' Huntington Beach issue of said ELIMINATES' APPROXI- MATELY newspaper to wit the Issue(s) of. IN,C S T TO ROP- IN,COSTS TO PROP- ERTY OWNERS RE MTO ADD A EXTENSION TO SIX-:FOOT -HIGH WALLS AND FENCES.. ALTHOUGH THE AMENDMENT E1IMI HATES FOR MARCH 02,2006 4 ► ,t No ",too PROVIDE A NOT Irl�k M CAT. ... T+Q #1M #ACENTT« RYy 0WHERS IN THE FORM,. OFA LETTER. 4QPIES OF THIS,OR- I declare, under penalty ofperjury, that t=1K1`E ARE AVAIL- ABLE'7 ABLE IN THE CITY LERK'S OFFICE. the foregoing is true and correct. C PASSED AND,ADOPTED by the City Council•of the City of;Huntington' Beach at "a regular Executed on MARCH 02,2006 meeting held February 21,20Ci6 by the following rolCCali write: at Costa Mesa, California. AYES: Bohr,: Green, Eoerer,Sullivan,Hardy, Hari'Eook ace, is Signature " ��� F H INTIN CA'9E648 714-586-5227 Mmt"ft off am hubistied muteafte Beads' kWeticlent Mrch Z 2006 031-975 PROOF OF PUBLICATION STATE OF CALIFORNIA) _ ) ss. CITY OF HUNTINGTON'- COUNTY OF ORANGE ) BEACH LEGAL NOTICE ORDINANCE NO.3730 Adopted by the City Council' 1 am a Citizen of the United States and a N ORDIINANCE FEBRUARY , F T AN ORDINANCE OF THE, CITY OF HUNTINGTON resident of the County aforesaid, I am BEACH AMENDING CHAPTER 230 OR':THE over the age of eighteen years, and not a HUNTINGTON ,BEACH ,ZONING ,AND, SUBDIVI-' party to or interested in the below entitled SION ORDINANCE TITLED. SITE STANDARDS" matter. I am a principal clerk of the SYNAPSIS THE AMENDMENT HUNTINGTON BEACH INDEPENDENT IMPROVES THE'PERMIT PROCESS BY REDUCING PROCESSING TIME AND a,- newspaper of general circulation, ELIMINATING CASTS. �+ THE BENEFITS TO RES- printed and published in the City of IDENTS ARE NO PERMIT FEE; NO COST FOR Huntington Beach, County of Orange, IFICAT ON LABELS ORTPOSTAGE, AND NO State of California and that attached ADMINISTRATIVE , PROCESSING REQUIRE- MENTS. THE DELETION' Notice is a true and complete copy as OF. THE..-NEIGHBOR'- was , printed and published in the PROCESS NOTIFICATIONWITH AD- MINISTRATIVE PERMIT Huntington Beach issue of said II INES' iPssoL $70 o newspaper to wit the Issue(s) of. ERrTY O TO PROP- T OWNERS RE- QUESTING.TO ADD A TWO-FOOT EXTENSION TO SIX-FOOT -HIGH WALLS AND FENCES. ALTHOUGH THE AMENDMENT ELIM1= NATES THE NEED FOR NEIGHBORHOOD NO- MARCH 02,2006 TIFICATION, THE CODE WILL STILL 'REQUIRE 'PROPERTY OWNERS TO .PROVIDE A COURTESY. NOTIFICATION TO AD- JACENT PROPERTY OWNERS IN THE FORM OF A LETTER. COPIES OF THIS•OR- I declare under penalty of perjury that ABLE I ARE AVAIL- , ABLE IN THE CITY the foregoing is true and correct. CLERK'S OFFICE. ' PASSED AND,ADOPTED by the City Council-of the City.of'Huntington Beach at,`:a . regular Executed on MARCH 02 2006 meeting held February 21 2006 by the following roll call vote: I ` at Costa Mesa, California. .'AYES: Bohr, Green, Coerper,Sullivan,Hardy, Hansen,Cook ,;NOES:None ,ABSENT:None. This ordinance. is �d effective 30 days after - adoption Signature CITY OF HUNTINGTON BEACH . 2000 MAIN STREET HUNTINGTON BEACH, CA92648 714-536-5227 JOAN L:FLYNN,CRY CLM Published Huntington Beach Independent March 2, 2006 031-975